Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1425

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

THIRTY-SECOND DAY

 

Saint Paul, Minnesota, Monday, March 20, 2017

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Tony Albright, Speaker pro tempore.

 

      Prayer was offered by Pastor Laurel Bunker, Campus Pastor, Bethel University, St. Paul, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Applebaum, Davnie, Garofalo, Halverson, Kiel, Metsa, Poppe and Schomacker 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 - 32nd Day - Monday, March 20, 2017 - Top of Page 1426

REPORTS OF CHIEF CLERK

 

      S. F. No. 151 and H. F. No. 389, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      O'Neill moved that S. F. No. 151 be substituted for H. F. No. 389 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 662 and H. F. No. 397, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Loonan moved that S. F. No. 662 be substituted for H. F. No. 397 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 79, A bill for an act relating to capital investment; appropriating money for a veterans home in Fillmore County; allowing for nonstate contributions; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 407, A bill for an act relating to capital investment; appropriating money for the Northeast Regional Corrections Center; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 616, A bill for an act relating to capital investment; appropriating money for asset preservation for state correctional facilities; authorizing the issuance of state bonds.

 

Reported the same back with the following amendments:


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1427

Page 1, delete subdivision 1 and insert:

 

"Subdivision 1.  Appropriation.  $19,000,000 is appropriated from the bond proceeds fund to the commissioner of administration to construct and equip a new intake unit and loading dock with a secure connection to a new central warehouse at the Minnesota Correctional Facility - St. Cloud."

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the first "for"

 

Page 1, line 3, delete "correctional facilities" and insert "capital improvements at Minnesota Correctional Facility - St. Cloud"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

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

 

H. F. No. 654, A bill for an act relating to taxes; allowing a reverse referendum for property tax levies under certain circumstances; modifying dates for local referenda related to spending; amending Minnesota Statutes 2016, sections 123B.63, subdivision 3; 126C.17, subdivision 9; 205.10, subdivision 1; 205A.05, subdivision 1; 216B.46; 237.19; 275.065, subdivision 3; 275.07, subdivision 1; 275.60; 276.04, subdivisions 1, 2; 412.221, subdivision 2; 412.301; 426.19, subdivision 2; 447.045, subdivisions 2, 3, 4, 6, 7; 452.11; 455.24; 455.29; 459.06, subdivision 1; 469.053, subdivision 5; 469.107, subdivision 2; 469.190, subdivisions 1, 5; 471.57, subdivision 3; 471.571, subdivision 3; 471.572, subdivisions 2, 4; 475.59; proposing coding for new law in Minnesota Statutes, chapter 275; repealing Minnesota Statutes 2016, section 205.10, subdivision 3.

 

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

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 678, A bill for an act relating to motor vehicles; establishing law enforcement memorial special license plates; proposing coding for new law in Minnesota Statutes, chapter 168.

 

Reported the same back with the following amendments:

 

Page 1, line 14, delete "Law Enforcement Memorial Association" and insert "law enforcement memorial account"

 

Page 2, after line 7, insert:

 

"Subd. 6.  Contributions; memorial account; appropriation.  Contributions collected under subdivision 1, clause (4), must be deposited in the Minnesota law enforcement memorial account, which is established in the special revenue fund.  Money in the account is appropriated to the commissioner of public safety.  This


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1428

appropriation is first for the annual cost of administering the account funds, and the remaining funds are for distribution to the Minnesota Law Enforcement Memorial Association, to be used to further the mission of the association in assisting the families and home agencies of Minnesota law enforcement officers who have died in the line of duty."

 

 

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

 

      The report was adopted.

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred:

 

H. F. No. 729, A bill for an act relating to elections; making changes to provisions related to the administration of elections; making technical changes; amending Minnesota Statutes 2016, sections 123B.09, subdivision 5b; 204B.09, subdivision 3; 204B.13, subdivision 1; 204B.16, subdivision 1a; 204C.32, subdivision 2; 204C.33, subdivision 3; 205.07, subdivision 1; 205A.05, subdivision 2; 208.04, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

ELECTION ADMINISTRATION

 

Section 1.  Minnesota Statutes 2016, section 123B.09, subdivision 5b, is amended to read:

 

Subd. 5b.  Appointments to fill vacancies; special elections.  (a) Any vacancy on the board, other than a vacancy described in subdivision 4, must be filled by board appointment at a regular or special meeting.  The appointment shall be evidenced by a resolution entered in the minutes and shall be effective 30 days following adoption of the resolution, subject to paragraph (b).  If the appointment becomes effective, it shall continue until an election is held under this subdivision.  All elections to fill vacancies shall be for the unexpired term.  A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the third year of the term, no special election is required.  If the vacancy is filled by a special election, the person elected at that election for the ensuing term shall take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.

 

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk.  To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment.  If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1429

Sec. 2.  Minnesota Statutes 2016, section 201.121, subdivision 1, is amended to read:

 

Subdivision 1.  Entry of registration information.  (a) At the time a voter registration application is properly completed, submitted, and received in accordance with sections 201.061 and 201.071, the county auditor shall enter the information contained on it into the statewide registration system.  Voter registration applications completed before election day must be entered into the statewide registration system within ten days after they have been submitted to the county auditor.  Voter registration applications completed on election day must be entered into the statewide registration system within 42 days after the election, unless the county auditor notifies the secretary of state before the 42-day deadline has expired that the deadline will not be met.  Upon receipt of a notification under this paragraph, the secretary of state must extend the deadline for that county auditor by an additional 28 days.  The secretary of state may waive a county's obligations under this paragraph if, on good cause shown, the county demonstrates its permanent inability to comply.

 

The secretary of state must post data on each county's compliance with this paragraph on the secretary of state's Web site including, as applicable, the date each county fully complied or the deadline by which a county's compliance must be complete.

 

(b) Upon receiving a completed voter registration application, the secretary of state may electronically transmit the information on the application to the appropriate county auditor as soon as possible for review by the county auditor before final entry into the statewide registration system.  The secretary of state may mail the voter registration application to the county auditor.

 

(c) Within ten days after the county auditor has entered information from a voter registration application into the statewide registration system, the secretary of state shall compare the voter's name, date of birth, and driver's license number, state identification number, or the last four digits of the Social Security number with the same information contained in the Department of Public Safety database.

 

(d) The secretary of state shall provide a report to the county auditor on a weekly basis that includes a list of voters whose name, date of birth, or identification number have been compared with the same information in the Department of Public Safety database and cannot be verified as provided in this subdivision.  The report must list separately those voters who have submitted a voter registration application by mail and have not voted in a federal election in this state.

 

(e) The county auditor shall compile a list of voters for whom the county auditor and the secretary of state are unable to conclude that information on the voter registration application and the corresponding information in the Department of Public Safety database relate to the same person.

 

(f) The county auditor shall send a notice of incomplete registration to any voter whose name appears on the list and change the voter's status to "incomplete."  A voter who receives a notice of incomplete registration from the county auditor may either provide the information required to complete the registration at least 21 days before the next election or at the polling place on election day.

 

Sec. 3.  Minnesota Statutes 2016, section 201.225, subdivision 2, is amended to read:

 

Subd. 2.  Technology requirements.  An electronic roster must:

 

(1) be able to be loaded with a data file that includes voter registration data in a file format prescribed by the secretary of state;

 

(2) allow for data to be exported in a file format prescribed by the secretary of state;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1430

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or identification card to locate a voter record or populate a voter registration application that would be printed and signed and dated by the voter.  The printed registration application can be either a printed form, labels printed with voter information to be affixed to a preprinted form, or a combination of both, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(4) allow an election judge to update data that was populated from a scanned driver's license or identification card;

 

(5) cue an election judge to ask for and input data that is not populated from a scanned driver's license or identification card that is otherwise required to be collected from the voter or an election judge;

 

(6) immediately alert the election judge if the voter has provided information that indicates that the voter is not eligible to vote;

 

(7) immediately alert the election judge if the electronic roster indicates that a voter has already voted in that precinct, the voter's registration status is challenged, or it appears the voter resides in a different precinct;

 

(8) provide immediate instructions on how to resolve a particular type of challenge when a voter's record is challenged;

 

(9) provide for a printed voter signature certificate, containing the voter's name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter's original signature.  The printed voter signature certificate can be either a printed form or a label printed with the voter's information to be affixed to the oath, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(10) contain only preregistered voters within the precinct, and not contain preregistered voter data on voters registered outside of the precinct;

 

(11) be only networked within the polling location on election day, except for the purpose of updating absentee ballot records;

 

(12) meet minimum security, reliability, and networking standards established by the Office of the Secretary of State in consultation with the Office of MN.IT Services;

 

(13) be capable of providing a voter's correct polling place; and

 

(14) perform any other functions necessary for the efficient and secure administration of the participating election, as determined by the secretary of state.

 

Electronic rosters used only for election day registration do not need to comply with clauses (1), (8), and (10).  Electronic rosters used only for preregistered voter processing do not need to comply with clauses (4) and (5).

 

Sec. 4.  Minnesota Statutes 2016, section 203B.081, subdivision 3, is amended to read:

 

Subd. 3.  Alternative procedure.  (a) The county auditor may make available a ballot counter and ballot box for use by the voters during the seven days before the election.  If a ballot counter and ballot box is provided, a voter must be given the option either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.  When providing these options, the county auditor must inform the voter that choosing to cast an absentee ballot in the manner provided in this subdivision prohibits the voter from submitting a replacement absentee ballot at a later date.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1431

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must state the voter's name, address, and date of birth to the county auditor or municipal clerk.  The voter shall sign a voter's certificate, which must include the voter's name, identification number, and the certification required by section 201.071, subdivision 1.  The certificate must also include the following statement:  "I understand that my absentee ballot will be counted as cast today, and that I cannot submit a replacement absentee ballot to change my votes at a later date."  The signature of an individual on the voter's certificate and the issuance of a ballot to the individual is evidence of the intent of the individual to vote at that election.

 

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately retire to a voting station or other designated location in the polling place to mark the ballot.  The ballot must not be taken from the polling place.  If the voter spoils the ballot, the voter may return it to the election official in exchange for a new ballot.  After completing the ballot, the voter shall deposit the ballot into the ballot box.

 

(d) The election official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

 

(e) The election duties required by this subdivision must be performed by the county auditor, municipal clerk, or a deputy of the auditor or clerk.

 

Sec. 5.  Minnesota Statutes 2016, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3.  Write-in candidates.  (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election.  The filing officer shall provide copies of the form to make the request.  No written request shall be accepted later than 5:00 p.m. on the last day for filing a written request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States.  The request must also include the name of at least one candidate for presidential elector.  The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 6.  Minnesota Statutes 2016, section 204B.13, subdivision 1, is amended to read:

 

Subdivision 1.  Partisan office.  (a) A vacancy in nomination for a partisan office must be filled in the manner provided by this section.  A vacancy in nomination exists for a partisan office when a major political party candidate who has been nominated in accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:

 

(1) dies;

 

(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least one day prior to the general election with the same official who received the affidavit of candidacy; or

 

(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to a court order issued under section 204B.44.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1432

(b) An affidavit of withdrawal filed under paragraph (a), clause (3) (2), must state that the candidate has been diagnosed with a catastrophic illness that will permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought, if elected.  The affidavit must be accompanied by a certificate verifying the candidate's illness meets the requirements of this paragraph, signed by at least two licensed physicians.  The affidavit and certificate may be filed by the candidate or the candidate's legal guardian.

 

Sec. 7.  Minnesota Statutes 2016, section 204B.16, subdivision 1a, is amended to read:

 

Subd. 1a.  Notice to voters.  If the location of a polling place has been changed, the governing body establishing the polling place shall send to every affected household with at least one registered voter in the precinct a nonforwardable mailed notice stating the location of the new polling place at least 25 days before the next election.  The secretary of state shall prepare a sample of this notice.  A notice that is returned as undeliverable must be forwarded immediately to the county auditor.  This subdivision does not apply to a polling place location that is changed on election day under section 204B.17 204B.175.

 

Sec. 8.  Minnesota Statutes 2016, section 204B.21, is amended to read:

 

204B.21 APPOINTMENT OF ELECTION JUDGES.

 

Subdivision 1.  Appointment lists; duties of political parties and secretary of state.  On May 1 in a year in which there is an election for a partisan political office, each major political party shall prepare a list of eligible voters to act as election judges in each election precinct.  The list provided by the party must indicate which eligible voters are willing to travel to a precinct outside of their home jurisdiction to act as an election judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose.  The political parties shall furnish the lists electronically to the secretary of state, in a format specified by the secretary of state.  The secretary of state must combine the data received from each political party under this subdivision and must process the data to locate the precinct in which the address provided for each potential election judge is located.  If the data submitted by a political party is insufficient for the secretary of state to locate the proper precinct, the associated name must not appear in any list forwarded to an appointing authority under this subdivision.  The secretary of state shall notify political parties of any proposed election judges with addresses that could not be located in a precinct.

 

By May 15, the secretary of state shall furnish electronically to the county auditor a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority, and a list of the names of individuals residing outside of the jurisdiction who indicated a willingness to travel to that jurisdiction to act as an election judge, noting the political party affiliation of each individual on the list.  The county auditor must promptly forward the appropriate names to the appropriate municipal clerk.

 

Subd. 2.  Appointing authority; powers and duties.  Election judges for precincts in a municipality shall be appointed by the governing body of the municipality.  Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board.  Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes.  Except as otherwise provided in this section, appointments shall be made from lists the list of voters who reside in each precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and other qualifications established or authorized under section 204B.19.  At least two election judges in each precinct must be affiliated with different major political parties.  If no lists have been furnished or if additional election judges are required after all listed names in that municipality have been exhausted, the appointing authority may appoint other individuals who meet the qualifications to serve as an election judge, including persons on the list furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality, and persons who are not affiliated with a major political party.  The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1433

Sec. 9.  Minnesota Statutes 2016, section 204B.31, subdivision 2, is amended to read:

 

Subd. 2.  Volunteer service; election judge travel.  (a) Any person appointed to serve as an election judge may elect to serve without payment by submitting a written statement to the appropriate governing body no later than ten days before the election.

 

(b) Subdivision 1 does not require the payment of mileage or other travel expenses to an election judge residing in another jurisdiction, if the election judge's name was included on the list of individuals who indicated a willingness to travel to another jurisdiction provided under section 204B.21, subdivision 1.

 

Sec. 10.  [204B.49] "I VOTED" STICKERS.

 

The secretary of state, county auditor, municipal clerk, school district clerk, or an election judge may provide a sticker containing the words "I VOTED," and nothing more, to an individual who:

 

(1) has successfully deposited a ballot into a ballot box, under section 203B.081, subdivision 3, or 204C.13, subdivision 5;

 

(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21, subdivision 2; or

 

(3) is provided a ballot by mail under section 204B.45 or 204B.46.

 

Sec. 11.  Minnesota Statutes 2016, section 204C.32, subdivision 2, is amended to read:

 

Subd. 2.  State canvass.  The State Canvassing Board shall meet at the secretary of state's office at a public meeting space located in the Capitol complex area seven days after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors.  Immediately after the canvassing board declares the results, the secretary of state shall certify the names of the nominees to the county auditors.  The secretary of state shall mail to each nominee a notice of nomination.

 

Sec. 12.  Minnesota Statutes 2016, section 204C.33, subdivision 3, is amended to read:

 

Subd. 3.  State canvass.  The State Canvassing Board shall meet at the secretary of state's office at a public meeting space located in the Capitol complex area on the third Tuesday following the state general election to canvass the certified copies of the county canvassing board reports received from the county auditors and shall prepare a report that states:

 

(a) (1) the number of individuals voting in the state and in each county;

 

(b) (2) the number of votes received by each of the candidates, specifying the counties in which they were cast; and

 

(c) (3) the number of votes counted for and against each constitutional amendment, specifying the counties in which they were cast.

 

All members of the State Canvassing Board shall sign the report and certify its correctness.  The State Canvassing Board shall declare the result within three days after completing the canvass.

 

Sec. 13.  Minnesota Statutes 2016, section 205.065, subdivision 5, is amended to read:

 

Subd. 5.  Results.  (a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable.  If the primary is conducted:


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1434

(1) only within that municipality, a The canvass may be conducted on either the second or third day after the primary; or

 

(2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b).

 

The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named.  Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee.

 

(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day.

 

Sec. 14.  Minnesota Statutes 2016, section 205.07, subdivision 1, is amended to read:

 

Subdivision 1.  Date of election.  The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year.  Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to at least 180 calendar days before the first day to file for candidacy in the next municipal election, decide to hold the election on the first Tuesday after the first Monday in November in each either an even- or odd-numbered year.  A city may hold elections in either the even-numbered year or the odd-numbered year, but not both.  When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election.  If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years.  To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election.  The term of office for the mayor may be either two or four years.  The term of office of council members is four years.  Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date.  Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made.  A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

 

Sec. 15.  Minnesota Statutes 2016, section 205A.05, subdivision 2, is amended to read:

 

Subd. 2.  Vacancies in school district offices.  Special elections to fill vacancies in elective school district offices shall be held in school districts pursuant to section 123B.095 123B.09.  When more than one vacancy exists in an office elected at-large, voters must be instructed to vote for up to the number of vacancies to be filled.

 

Sec. 16.  Minnesota Statutes 2016, section 208.04, subdivision 1, is amended to read:

 

Subdivision 1.  Form of presidential ballots.  When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state.  The secretary of state shall certify the names of all duly nominated


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1435

presidential and vice presidential candidates to the county auditors of the counties of the state.  Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be printed in capital letters, set in type of the same size and style as for candidates on the state general election ballot, before the party designation.  To the left of, and on the same line with the names of the candidates for president and vice president, near the margin, shall be placed a square or box an oval or similar target shape, in which the voters may indicate their choice by marking an "X.".

 

The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers.  The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.

 

Sec. 17.  Minnesota Statutes 2016, section 211B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Soliciting near polling places.  A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated, or anywhere on the public property on which a polling place is situated, on primary or election day to vote for or refrain from voting for a candidate or ballot question.  A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the day of a primary or election.  A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.  This section applies to areas established by the county auditor or municipal clerk for absentee voting as provided in chapter 203B.

 

The secretary of state, county auditor, municipal clerk, or school district clerk may provide stickers which contain the words "I VOTED" and nothing more.  Election judges may offer a sticker of this type to each voter who has signed the polling place roster or voter signature certificate Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided in section 204B.49.

 

ARTICLE 2

UNIFORM SPECIAL ELECTIONS

 

Section 1.  Minnesota Statutes 2016, section 103B.545, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The county board or joint county authority shall conduct a special election in July or August after receiving the referendum petition on a date authorized in section 205.10, subdivision 3a.  The special election must be held within the proposed lake improvement district.  The county auditor shall administer the special election.

 

Sec. 2.  Minnesota Statutes 2016, section 123A.46, subdivision 12, is amended to read:

 

Subd. 12.  Election date.  If an election is required under subdivision 11, then before the expiration of a 45 day period after the date of the order for dissolution and attachment, the auditor shall set a date and call the election by filing a written order for the election and serving a copy of the order personally or by mail on the clerk of the district in which the election is to be held.  The date shall be not less than 15 nor more than 30 days after the date of the order, upon which date a special election shall be held in the district proposed for dissolution and must be held on a date authorized in section 205A.05, subdivision 1a.  The auditor shall post and publish notice of the election according to law.  Upon receipt of the notice, the board shall conduct the election.

 

Sec. 3.  Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:

 

Subd. 3.  Capital project levy referendum.  (a) A district may levy the local tax rate approved by a majority of the electors voting on the question to provide funds for an approved project.  The election must take place no more than five years before the estimated date of commencement of the project.  The referendum must be held on a date


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1436

set by the board authorized by section 205A.05, subdivision 1a.  A district must meet the requirements of section 123B.71 for projects funded under this section.  If a review and comment is required under section 123B.71, subdivision 8, a referendum for a project not receiving a positive review and comment by the commissioner must be approved by at least 60 percent of the voters at the election.

 

(b) The referendum may be called by the school board and may be held:

 

(1) separately, before an election for the issuance of obligations for the project under chapter 475; or

 

(2) in conjunction with an election for the issuance of obligations for the project under chapter 475; or

 

(3) notwithstanding section 475.59, as a conjunctive question authorizing both the capital project levy and the issuance of obligations for the project under chapter 475.  Any obligations authorized for a project may be issued within five years of the date of the election.

 

(c) The ballot must provide a general description of the proposed project, state the estimated total cost of the project, state whether the project has received a positive or negative review and comment from the commissioner, state the maximum amount of the capital project levy as a percentage of net tax capacity, state the amount that will be raised by that local tax rate in the first year it is to be levied, and state the maximum number of years that the levy authorization will apply.

 

The ballot must contain a textual portion with the information required in this section and a question stating substantially the following:

 

"Shall the capital project levy proposed by the board of .......... School District No. .......... be approved?"

 

If approved, the amount provided by the approved local tax rate applied to the net tax capacity for the year preceding the year the levy is certified may be certified for the number of years, not to exceed ten, approved.

 

(d) If the district proposes a new capital project to begin at the time the existing capital project expires and at the same maximum tax rate, the general description on the ballot may state that the capital project levy is being renewed and that the tax rate is not being increased from the previous year's rate.  An election to renew authority under this paragraph may be called at any time that is otherwise authorized by this subdivision.  The ballot notice required under section 275.60 may be modified to read:

 

"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO EXPIRE."

 

(e) In the event a conjunctive question proposes to authorize both the capital project levy and the issuance of obligations for the project, appropriate language authorizing the issuance of obligations must also be included in the question.

 

(f) The district must notify the commissioner of the results of the referendum.

 

Sec. 4.  Minnesota Statutes 2016, section 126C.17, subdivision 11, is amended to read:

 

Subd. 11.  Referendum date.  (a) Except for a referendum held under paragraph (b), any referendum under this section held on a day other than the first Tuesday after the first Monday in November must be conducted by mail in accordance with section 204B.46 and held on a date authorized by section 205A.05, subdivision 1a. 


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1437

Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered by first-class mail at least 20 days before the referendum.

 

(b) In addition to the referenda allowed in subdivision 9, clause (a), the commissioner may grant authority to a district to hold a referendum on a different day date authorized by section 205A.05, subdivision 1a, if the district is in statutory operating debt and has an approved plan or has received an extension from the department to file a plan to eliminate the statutory operating debt.

 

(c) The commissioner must approve, deny, or modify each district's request for a referendum levy on a different day within 60 days of receiving the request from a district.

 

Sec. 5.  Minnesota Statutes 2016, section 128D.05, subdivision 2, is amended to read:

 

Subd. 2.  Time of change.  A proposed change in election years adopted under subdivision 1 is effective 240 days after passage and publication or at a later date fixed in the proposal.  Within 180 days after passage and publication of the proposal, a petition requesting a referendum on the proposal may be filed with the school district clerk.  The petition must be signed by eligible voters equal in number to five percent of the total number of votes cast in the city of Minneapolis at the most recent state general election.  If the requisite petition is filed within the prescribed period, the proposal does not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition on a date authorized by section 205A.05, subdivision 1a.  If the petition is filed, the governing body may reconsider its action in adopting the proposal.

 

Sec. 6.  Minnesota Statutes 2016, section 205.07, subdivision 3, is amended to read:

 

Subd. 3.  Effect of ordinance; referendum.  An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance.  Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk.  The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election.  If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition on a date authorized by section 205.10, subdivision 3a.  If the petition is filed, the governing body may reconsider its action in adopting the ordinance.

 

Sec. 7.  Minnesota Statutes 2016, section 205.10, is amended by adding a subdivision to read:

 

Subd. 3a.  Special election dates.  (a) Except as allowed in paragraph (b) and subdivision 4, a special election held in a city or town must be held on one of the following dates:  the second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August, or the first Tuesday after the first Monday in November.  A home rule charter city must not designate additional dates in its charter.

 

(b) A special election may be held on a date other than those designated in paragraph (a) if the special election is held in response to an emergency or disaster.  "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.  "Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1438

Sec. 8.  Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:

 

Subdivision 1.  Questions.  (a) Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment.  The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district.  Upon petition filed with the school board of 50 or more voters of the school district or five percent of the number of voters voting at the preceding school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district.  A question is carried only with the majority in its favor required by law.  The election officials for a special election are the same as for the most recent school district general election unless changed according to law.  Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election.

 

(b) A special election may not be held:

 

(1) during the 56 days before and the 56 days after a regularly scheduled primary or general election conducted wholly or partially within the school district;

 

(2) on the date of a regularly scheduled town election or annual meeting in March conducted wholly or partially within the school district; or

 

(3) during the 30 days before or the 30 days after a regularly scheduled town election in March conducted wholly or partially within the school district.

 

(c) Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

 

Sec. 9.  Minnesota Statutes 2016, section 205A.05, is amended by adding a subdivision to read:

 

Subd. 1a.  Special election dates.  (a) Except as allowed in paragraph (b), a special election held in a school district must be held on one of the following dates:  the second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August, or the first Tuesday after the first Monday in November.

 

(b) A special election may be held on a date other than those designated in paragraph (a) if the special election is held in response to an emergency or disaster.  "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.  "Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment.

 

Sec. 10.  Minnesota Statutes 2016, section 216B.46, is amended to read:

 

216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.

 

Any municipality which desires to acquire the property of a public utility as authorized under the provisions of section 216B.45 may determine to do so by resolution of the governing body of the municipality taken after a public hearing of which at least 30 days' published notice shall be given as determined by the governing body.  The determination shall become effective when ratified by a majority of the qualified electors voting on the question at a special election to be held for that purpose, not less than 60 nor more than 120 days after the resolution of the governing body of the municipality on a date authorized by section 205.10, subdivision 3a.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1439

Sec. 11.  Minnesota Statutes 2016, section 365A.06, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The town board shall hold a special election within the boundaries of the proposed district not less than 30 nor more than 90 days after receipt of the petition on a date authorized by section 205.10, subdivision 3a.  The question submitted and voted upon by the property owners within the territory of the proposed district must be phrased substantially as follows:

 

"Shall a subordinate service district be established to provide (service or services to be provided) financed by (revenue sources)?"

 

If a majority of those voting on the question favor creation of the district, the district shall begin upon certification of the vote by the town clerk.  The town clerk shall administer the election.

 

Sec. 12.  Minnesota Statutes 2016, section 367.33, subdivision 1, is amended to read:

 

Subdivision 1.  Election at annual election or special election.  Following the adoption of option A in a town, except a town exercising the powers of a statutory city, the town board may call a special town election to be held not less than 30 nor more than 60 days after the annual town election at which the option is adopted on a date authorized by section 205.10, subdivision 3a, to elect two additional members to the board of supervisors.  In lieu of a special election, the town board may determine to elect the additional members at the next annual town election.

 

If the town is exercising the powers of a statutory city under section 368.01 or a special law granting substantially similar powers, the town board shall call a special election to be held not less than 30 nor more than 60 days after the annual election on a date authorized by section 205.10, subdivision 3a, at which option A is adopted to elect the two additional supervisors.

 

Sec. 13.  Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:

 

Subdivision 1.  Option for filling vacancies; special election.  (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4.  If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election.  The county board may by resolution call for a special election to be held according to the earliest of the following time schedules:

 

(1) not less than 120 days following the date the vacancy is declared, but no later than 12 weeks prior to the date of the next regularly scheduled primary election;

 

(2) concurrently with the next regularly scheduled primary election and general election; or

 

(3) no sooner than 120 days following the next regularly scheduled general election on a date authorized by section 205.10, subdivision 3a.

 

(b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term.  If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.

 

Sec. 14.  Minnesota Statutes 2016, section 375B.07, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The county board shall make arrangements for the holding of a special election not less than 30 nor more than 90 days after receipt of the petition on a date authorized by section 205.10, subdivision 3a, within the boundaries of the proposed district.  The question to be submitted and voted upon by the qualified voters within the territory of the proposed district shall be phrased substantially as follows:


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1440

"Shall a subordinate service district be established in order to provide (service or services to be provided) financed by (revenue sources)?"

 

If a majority of those voting on the question favor creation of the proposed district, the district shall be deemed created upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 15.  Minnesota Statutes 2016, section 375B.10, is amended to read:

 

375B.10 WITHDRAWAL; ELECTION.

 

Upon receipt of a petition signed by ten percent of the qualified voters within the territory of the subordinate service district requesting the removal of the district, or pursuant to its own resolution, the county board shall make arrangements for the holding of a special election within the boundaries of the service district not less than 30 nor more than 90 days after the resolution or receipt of the petition on a date authorized by section 205.10, subdivision 3a.  The question to be submitted and voted upon by the qualified voters within the territory of the district shall be phrased substantially as follows:

 

"Shall the subordinate service district presently established be removed and the service or services of the county as provided for the service district be discontinued?"

 

If a majority of those voting on the question favor the removal and discontinuance of the services, the service district shall be removed and the services shall be discontinued upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 16.  Minnesota Statutes 2016, section 383B.031, subdivision 1, is amended to read:

 

Subdivision 1.  More than six months; special election.  Notwithstanding the provisions of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of Hennepin County more than six months before the general election in which a commissioner will next be selected to occupy such seat the county auditor shall, within seven days after the vacancy occurs, call a special election within the affected district to fill such vacancy.  The auditor shall specify a date for the election which shall be between 56 and 77 days after the vacancy occurred to be held on a date authorized by section 205.10, subdivision 3a.  Candidates shall file with the county auditor prior to the 35th day before the election.  The primary election shall be held 14 days before the election.  If no more than two candidates file for the office, the primary election shall be canceled and the date of the general election advanced 14 days.

 

Sec. 17.  Minnesota Statutes 2016, section 383E.24, subdivision 7, is amended to read:

 

Subd. 7.  Referendum.  (a) Upon receipt of a petition signed by five percent of the qualified voters within the territory of the proposed service district prior to the effective date of its creation as specified in subdivision 6, the creation shall be held in abeyance pending a referendum vote of all qualified electors residing within the boundaries of the proposed service district.

 

(b) The county board shall make arrangements for the holding of a special election not less than 30 or more than 90 days after receipt of such petition on a date authorized by section 205.10, subdivision 3a, and within the boundaries of the proposed taxing district.  The question to be submitted and voted upon by the qualified voters within the territory of the proposed service district shall be phrased substantially as follows:

 

"Shall a subordinate service district be established in order to provide (service or services to be provided) financed by (revenue sources)?"


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1441

(c) If a majority of those voting on the question favor creation of the proposed subordinate service district, the district shall be deemed created upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 18.  Minnesota Statutes 2016, section 410.10, subdivision 1, is amended to read:

 

Subdivision 1.  Timing; procedure; recall.  Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft on a date authorized by section 205.10, subdivision 3a.  The council or other governing body may call a special election for that purpose only at any time.  If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections.  At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter.

 

Sec. 19.  Minnesota Statutes 2016, section 447.32, subdivision 2, is amended to read:

 

Subd. 2.  Elections.  Except as provided in this chapter, the Minnesota Election Law applies to hospital district elections, as far as practicable.  Regular elections must be held in each hospital district at the same time, in the same election precincts, and at the same polling places as general elections of state and county officers.  It may establish the whole district as a single election precinct or establish two or more different election precincts and polling places for the elections.  If there is more than one precinct, the boundaries of the election precincts and the locations of the polling places must be defined in the notice of election, either in full or by reference to a description or map on file in the office of the clerk.

 

Special elections may be called by the hospital board to vote on any matter required by law to be submitted to the voters.  A special election may not be conducted either during the 56 days before or the 56 days after a regularly scheduled primary or general election, conducted wholly or partially within the hospital district must be held on a date authorized by section 205.10, subdivision 3a.  Special elections must be held within the election precinct or precincts and at the polling place or places designated by the board.  In the case of the first election of officers of a new district, precincts and polling places must be set by the governing body of the most populous city or town included in the district.

 

Advisory ballots may be submitted by the hospital board on any question it wishes, concerning the affairs of the district, but only at a regular election or at a special election required for another purpose.

 

Sec. 20.  Minnesota Statutes 2016, section 475.59, is amended to read:

 

475.59 MANNER OF SUBMISSION; NOTICE.

 

Subdivision 1.  Generally; notice.  When the governing body of a municipality resolves to issue bonds for any purpose requiring the approval of the electors, it shall provide for submission of the proposition of their issuance at a general or special election or town or school district meeting.  Notice of such election or meeting shall be given in the manner required by law and shall state the maximum amount and the purpose of the proposed issue.  In any school district, the school board or board of education may, according to its judgment and discretion, submit as a single ballot question or as two or more separate questions in the notice of election and ballots the proposition of their issuance for any one or more of the following, stated conjunctively or in the alternative:  acquisition or enlargement of sites, acquisition, betterment, erection, furnishing, equipping of one or more new schoolhouses,


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1442

remodeling, repairing, improving, adding to, betterment, furnishing, equipping of one or more existing schoolhouses.  In any city, town, or county, the governing body may, according to its judgment and discretion, submit as a single ballot question or as two or more separate questions in the notice of election and ballots the proposition of their issuance, stated conjunctively or in the alternative, for the acquisition, construction, or improvement of any facilities at one or more locations.

 

Subd. 2.  Election date.  An election to approve issuance of bonds under this section held by a municipality or school district must be held on a date authorized in section 205.10, subdivision 3a, or 205A.05, subdivision 1a.

 

Sec. 21.  REPEALER.

 

Minnesota Statutes 2016, section 205.10, subdivision 3, is repealed.

 

Sec. 22.  EFFECTIVE DATE.

 

This article is effective August 1, 2017, and applies to any special elections held on or after that date.

 

ARTICLE 3

JUNE PRIMARY

 

Section 1.  Minnesota Statutes 2016, section 204B.14, subdivision 2, is amended to read:

 

Subd. 2.  Separate precincts; combined polling place.  (a) The following shall constitute at least one election precinct:

 

(1) each city ward; and

 

(2) each town and each statutory city.

 

(b) A single, accessible, combined polling place may be established no later than November 1 if a presidential nomination primary is scheduled to occur in the following year or May March 1 of any other year:

 

(1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;

 

(2) for contiguous precincts in the same municipality;

 

(3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 200.02, subdivision 24, that are contained in the same county; or

 

(4) for noncontiguous precincts located in one or more counties.

 

Subject to the requirements of paragraph (c), a single, accessible, combined polling place may be established after May 1 of any year in the event of an emergency.

 

A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body.  A polling place combined under clause (3) must be approved by the governing body of each participating municipality.  A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1443

outside any of the noncontiguous precincts.  A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than October 1 if a presidential nomination primary is scheduled to occur in the following year or April February 1 of any other year.

 

The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place, except that in a precinct that uses electronic rosters the secretary of state shall provide separate data files for each precinct.  A single set of election judges may be appointed to serve at a combined polling place.  The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place.  Separate ballot boxes must be provided for the ballots from each precinct.  The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.

 

(c) If a local elections official determines that an emergency situation preventing the safe, secure, and full operation of a polling place on election day has occurred or is imminent, the local elections official may combine two or more polling places for that election pursuant to this subdivision.  To the extent possible, the polling places must be combined and the election conducted according to the requirements of paragraph (b), except that:

 

(1) polling places may be combined after May 1 and until the polls close on election day;

 

(2) any city or town, regardless of size or location, may establish a combined polling place under this paragraph;

 

(3) the governing body is not required to adopt an ordinance or resolution to establish the combined polling place;

 

(4) a polling place combined under paragraph (b), clause (3) or (4), must be approved by the local election official of each participating municipality;

 

(5) the local elections official must immediately notify the county auditor and the secretary of state of the combination, including the reason for the emergency combination and the location of the combined polling place.  As soon as possible, the local elections official must also post a notice stating the reason for the combination and the location of the combined polling place.  The notice must also be posted on the governing board's Web site, if one exists.  The local elections official must also notify the election judges and request that local media outlets publicly announce the reason for the combination and the location of the combined polling place; and

 

(6) on election day, the local elections official must post a notice in large print in a conspicuous place at the polling place where the emergency occurred, if practical, stating the location of the combined polling place.  The local election official must also post the notice, if practical, in a location visible by voters who vote from their motor vehicles as provided in section 204C.15, subdivision 2.  If polling place hours are extended pursuant to section 204C.05, subdivision 2, paragraph (b), the posted notices required by this paragraph must include a statement that the polling place hours at the combined polling place will be extended until the specified time.

 

Sec. 2.  Minnesota Statutes 2016, section 204B.21, subdivision 1, is amended to read:

 

Subdivision 1.  Appointment lists; duties of political parties and secretary of state.  On May March 1 in a year in which there is an election for a partisan political office, each major political party shall prepare a list of eligible voters to act as election judges in each election precinct.  The political parties shall furnish the lists electronically to the secretary of state, in a format specified by the secretary of state.  The secretary of state must combine the data received from each political party under this subdivision and must process the data to locate the precinct in which the address provided for each potential election judge is located.  If the data submitted by a


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1444

political party is insufficient for the secretary of state to locate the proper precinct, the associated name must not appear in any list forwarded to an appointing authority under this subdivision.  The secretary of state shall notify political parties of any proposed election judges with addresses that could not be located in a precinct.

 

By May March 15, the secretary of state shall furnish electronically to the county auditor a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority, noting the political party affiliation of each individual on the list.  The county auditor must promptly forward the appropriate names to the appropriate municipal clerk.

 

Sec. 3.  Minnesota Statutes 2016, section 204D.03, subdivision 1, is amended to read:

 

Subdivision 1.  State primary.  The state primary shall be held on the second first Tuesday after the third Monday in August June in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

 

Sec. 4.  Minnesota Statutes 2016, section 204D.09, subdivision 1, is amended to read:

 

Subdivision 1.  Example ballot.  No later than May March 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot to be used at the state primary and state general election.  The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.  The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year.  The official ballot must conform in all respects to the example ballot.

 

Sec. 5.  Minnesota Statutes 2016, section 204D.28, subdivision 5, is amended to read:

 

Subd. 5.  Regular state primary.  "Regular state primary" means:

 

(a) the state primary at which candidates are nominated for offices elected at the state general election; or

 

(b) a primary held on the second first Tuesday after the third Monday in August June of odd-numbered years.

 

Sec. 6.  Minnesota Statutes 2016, section 205.065, subdivision 1, is amended to read:

 

Subdivision 1.  Establishing primary.  A municipal primary for the purpose of nominating elective officers may be held in any city on the second first Tuesday after the third Monday in August June of any year in which a municipal general election is to be held for the purpose of electing officers.  The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

 

Sec. 7.  Minnesota Statutes 2016, section 205.065, subdivision 2, is amended to read:

 

Subd. 2.  Resolution or ordinance.  The governing body of a city may, by ordinance or resolution adopted by April January 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section.  The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked.  The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1445

Sec. 8.  Minnesota Statutes 2016, section 205A.03, subdivision 1, is amended to read:

 

Subdivision 1.  Resolution requiring primary in certain circumstances.  The school board of a school district may, by resolution adopted by April January 15 of any year, decide to choose nominees for school board by a primary as provided in this section.  The resolution, when adopted, is effective for all ensuing elections of board members in that school district until it is revoked.  If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions available, the school district must hold a primary.

 

Sec. 9.  Minnesota Statutes 2016, section 205A.03, subdivision 2, is amended to read:

 

Subd. 2.  Date.  The school district primary must be held on the second first Tuesday after the third Monday in August June in the year when the school district general election is held.  The clerk shall give notice of the primary in the manner provided in section 205A.07.  The date of a school district primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205A.055.

 

Sec. 10.  Minnesota Statutes 2016, section 205A.06, subdivision 1a, is amended to read:

 

Subd. 1a.  Filing period.  In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the 84th day and no later than the 70th day before the second first Tuesday after the third Monday in August June in the year when the school district general election is held.  In all other school districts, affidavits of candidacy must be filed no earlier than the 98th day and no later than the 84th day before the school district general election.

 

Sec. 11.  Minnesota Statutes 2016, section 205A.11, subdivision 2a, is amended to read:

 

Subd. 2a.  Notice of special elections.  The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election.  The notice must include the following information:  the date of the election, the hours of voting, and the location of the voter's polling place.  The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter.  The notice must be mailed no later than 14 days before the election.  The mailed notice is not required for a school district special election that is held on the second first Tuesday after the third Monday in August June, the Tuesday following the first Monday in November, or for a special election conducted entirely by mail.  A notice that is returned as undeliverable must be forwarded immediately to the county auditor.

 

Sec. 12.  Minnesota Statutes 2016, section 206.61, subdivision 5, is amended to read:

 

Subd. 5.  Alternation.  The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong.  However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct.  If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

 

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.

 

The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May March 1 of the year when the rotation will be made as the basis for determining the rotation of names.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1446

Sec. 13.  Minnesota Statutes 2016, section 206.82, subdivision 2, is amended to read:

 

Subd. 2.  Plan.  The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80.  The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system.  Before May March 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state.  The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of MN.IT Services or other agency which may be operating as the central computer authority.  The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan.  The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section.

 

Sec. 14.  EFFECTIVE DATE.

 

Sections 1 to 13 are effective January 1, 2018, and apply to elections conducted on or after that date.

 

ARTICLE 4

COUNTY OFFICES

 

Section 1.  Minnesota Statutes 2016, section 375.08, is amended to read:

 

375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

 

When a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment.  For that purpose it shall meet at the usual place of meeting, upon one day's notice from the chair or clerk, which shall be served personally upon each member in the same manner as a district court summons.  The person appointed shall give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies.  When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.

 

Sec. 2.  Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:

 

Subdivision 1.  Option for filling vacancies; special election.  (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4.  If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election.  The county board may by resolution call for a special election to be held according to the earliest of the following time schedules:

 

(1) not less than 120 days following the date the vacancy is declared, but no later than 12 weeks prior to the date of the next regularly scheduled primary election;

 

(2) concurrently with the next regularly scheduled primary election and general election; or

 

(3) no sooner than 120 days following the next regularly scheduled general election.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1447

(b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term.  If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.

 

(c) If a special election is required to be held to fill a vacancy in the office of county commissioner, the county board may temporarily fill the vacancy by appointment before the vacancy is filled by special election.  Before making an appointment to temporarily fill a vacancy under this subdivision, the board must allow public testimony from persons residing in the district in which the vacancy occurs relating to the qualifications of the prospective appointee.  After the board selects the person to temporarily fill the vacancy, the board shall adopt and enter into the minutes of its proceedings a resolution evidencing the appointment.  The term of the appointment expires when a successor is chosen by special election and takes the oath of office.

 

Sec. 3.  [375A.1205] APPOINTING COUNTY RECORDERS.

 

Subdivision 1.  Authority to appoint county recorder.  A county board may appoint the county recorder under section 375A.10, subdivision 2, by following the process outlined in this section.  Notwithstanding section 375A.12, a referendum is not required if the appointment is made pursuant to this section.  A county board shall only use the authority to appoint under the following circumstances:

 

(1) there is a vacancy in the office due to resignation or death; or

 

(2) there is a signed contract with the county board and the incumbent recorder that provides that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

 

Subd. 2.  Responsibility of county officer.  At least 104 days before the filing date for office under section 204B.09, an elected county officer must notify the county board in writing whether the officer will be filing for another term.  If the officer indicates in writing that the officer will not file for the office and the county board has passed a resolution under subdivision 6, affidavits of candidacy will not be accepted for that office and the office will not be placed on the ballot.

 

Subd. 3.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 5 and 6, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 4.  Discharge or demotion.  (a) A county recorder who was elected at the most recent election for that office prior to a county board resolution to make the office appointed, and is appointed by the county board to the office, may not be involuntarily demoted or discharged except for incompetency or misconduct.

 

(b) Before demoting or discharging an office holder under this subdivision, the board must notify the office holder in writing and state its grounds for the proposed demotion or discharge in reasonable detail.  Within ten days after receipt of this notification, the office holder may make a written request for a hearing before an arbitrator and the request must be granted before final action is taken.  Failure to request a hearing before an arbitrator during this period is considered acquiescence to the board's action.  The board may suspend an office holder with pay pending the conclusion of the hearing and determination of the issues raised in the hearing after charges have been filed which constitute grounds for demotion or discharge.  If an office holder has been charged with a felony and the underlying conduct that is the subject of the felony charge is a ground for a proposed discharge, the suspension


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1448

pending the conclusion of the hearing and determination of the issues may be without pay.  If a hearing under this subdivision is held, the board must reimburse the office holder for any salary or compensation withheld if the final decision of the arbitrator does not result in a penalty or discharge of the office holder.

 

(c) If the office holder and the board are unable to mutually agree on an arbitrator, the board must request from the Bureau of Mediation Services a list of seven persons qualified to serve as an arbitrator.  If the office holder and the board are unable to mutually agree on an arbitrator from the list provided, the parties shall alternately strike names from the list until the name of one arbitrator remains.  The person remaining after the striking procedure must be the arbitrator.  If the parties are unable to agree on who shall strike the first name, the question must be decided by a flip of a coin.  The office holder and the board must share equally the costs and fees of the arbitrator except as set forth in paragraph (g).

 

(d) The arbitrator shall determine, by a preponderance of the evidence, whether the grounds for discharge or demotion exist to support the proposed discharge or demotion.  A lesser penalty than demotion or discharge may be imposed by the arbitrator only to the extent that either party proposes such lesser penalty in the proceeding.  In making the determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.

 

(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary consideration of allegations or charges within the meaning of section 13D.05, subdivision 3, paragraph (a), and must be closed, unless the office holder requests it to be open.

 

(f) The arbitrator's award is final and binding on the parties, subject to sections 572B.18 to 572B.28.

 

(g) In the event the arbitrator rules not to demote or discharge the office holder, the board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office holder.

 

Subd. 5.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected, or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 6.  Publishing resolution; petition; referendum.  (a) Before the adoption of the resolution to provide for the appointment of an office as described in subdivision 1, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the office or offices as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Except when an office is made appointive under subdivision 1, clause (2), within 30 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the county board resolution is rescinded.

 

Subd. 7.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county.  Following


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1449

publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if (1) the position has been an appointed position for at least three years; (2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor by August 1 of the year in which the general election is held; and (3) the petition meets the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at the next regular or special election.

 

Sec. 4.  Minnesota Statutes 2016, section 382.01, is amended to read:

 

382.01 OFFICERS ELECTED; TERMS.

 

In every county in this state there shall be elected at the general election in 1918 a county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.

 

The terms of office of these officers shall be four years and shall begin on the first Monday in January next succeeding their election.  They shall hold office until their successors are elected and qualified.  Each of these offices shall must be filled by election every four years thereafter, unless an office is consolidated with another county officer or made appointive under chapter 375A or other general or special law.

 

Sec. 5.  Minnesota Statutes 2016, section 382.02, is amended to read:

 

382.02 VACANCIES, HOW FILLED.

 

Any appointment made to fill a vacancy in any of the offices named in section 382.01 that has not been made appointive under chapter 375A or other general or special law shall be for the balance of such entire term, and be made by the county board.

 

Sec. 6.  MORRISON COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Morrison County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1450

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Morrison County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 7.  BENTON COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Benton County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1451

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Benton County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1452

Sec. 8.  PINE COUNTY AUDITOR-TREASURER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Pine County Board of Commissioners, the office of county auditor-treasurer is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbent to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county auditor-treasurer must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1453

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Pine County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 9.  STEARNS COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Stearns County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1454

regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Stearns County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 10.  MARSHALL COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Marshall County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1455

204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Marshall County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 11.  RICE COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Rice County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that elected capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1456

official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county auditor-treasurer and county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week or two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Rice County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

 

Delete the title and insert:

 

"A bill for an act relating to elections; making technical and policy changes to provisions related to the administration of elections; providing uniform special election dates; changing the date of the state primary from August to June; changing the date of primary elections conducted by a political subdivision in certain circumstances; authorizing the appointment of certain county offices; amending Minnesota Statutes 2016, sections 103B.545, subdivision 2; 123A.46, subdivision 12; 123B.09, subdivision 5b; 123B.63, subdivision 3; 126C.17, subdivision 11; 128D.05, subdivision 2; 201.121, subdivision 1; 201.225, subdivision 2; 203B.081, subdivision 3; 204B.09, subdivision 3; 204B.13, subdivision 1; 204B.14, subdivision 2; 204B.16, subdivision 1a; 204B.21; 204B.31, subdivision 2; 204C.32, subdivision 2; 204C.33, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1457

204D.28, subdivision 5; 205.065, subdivisions 1, 2, 5; 205.07, subdivisions 1, 3; 205.10, by adding a subdivision; 205A.03, subdivisions 1, 2; 205A.05, subdivisions 1, 2, by adding a subdivision; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2; 208.04, subdivision 1; 211B.11, subdivision 1; 216B.46; 365A.06, subdivision 2; 367.33, subdivision 1; 375.08; 375.101, subdivision 1; 375B.07, subdivision 2; 375B.10; 382.01; 382.02; 383B.031, subdivision 1; 383E.24, subdivision 7; 410.10, subdivision 1; 447.32, subdivision 2; 475.59; proposing coding for new law in Minnesota Statutes, chapters 204B; 375A; repealing Minnesota Statutes 2016, section 205.10, subdivision 3."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 755, A bill for an act relating to capital investment; appropriating money for a Minnesota Medal of Honor commemorative memorial; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 763, A bill for an act relating to capital investment; appropriating money for asset preservation at the Minnesota State Academies; authorizing the issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 764, A bill for an act relating to capital investment; appropriating money for a security corridor at the Minnesota State Academy for the Deaf campus; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1458

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 809, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 812, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; requiring a licensing fee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the following amendments:

 

Page 3, line 7, delete "$32,000 is appropriated in fiscal year 2018" and insert "$34,000 in fiscal year 2018 and $34,000 in fiscal year 2019 are appropriated"

 

 

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

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 844, A bill for an act relating to capital investment; appropriating money for renovation and relocation of the Milford Town Hall; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 904, A bill for an act relating to child care; providing an exemption from positive support strategy rules; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1459

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

 

H. F. No. 1001, A bill for an act relating to administrative rulemaking; requiring agencies to determine the impact of a proposed rule on the cost of residential construction or remodeling; requiring notice to the applicable legislative committees; permitting a legislative committee to require approval of a rule by law; proposing coding for new law in Minnesota Statutes, chapter 14.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 1073, A bill for an act relating to capital investment; appropriating money for the Pioneer and Soldiers Cemetery restoration; authorizing the sale and issuance of state bonds.

 

Reported the same back with the following amendments:

 

Page 1, lines 6 and 13, delete "$1,900,000" and insert "$1,029,000"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 1109, A bill for an act relating to capital investment; appropriating money for veterans homes in Montevideo and Bemidji; allowing for nonstate contributions; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

 

H. F. No. 1119, A bill for an act relating to construction codes; modifying criminal penalties; amending Minnesota Statutes 2016, section 326B.805, subdivision 3.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1460

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1245, A bill for an act relating to human services; modifying provisions governing children and families services, chemical and mental health services, operations, health care, and community supports; making various technical corrections; amending Minnesota Statutes 2016, sections 144D.04, subdivision 2, by adding a subdivision; 245.095; 245.462, subdivisions 6, 11; 245.464, subdivision 2; 245.466, subdivision 2; 245.470, subdivision 2; 245.4871, subdivisions 9a, 14, by adding a subdivision; 245.4875, subdivision 2; 245.488, subdivision 2; 245.735, subdivision 3; 245.8261, subdivision 1; 245A.02, subdivisions 5a, 8, 9, 12, by adding subdivisions; 245A.03, subdivisions 1, 7; 245A.04, subdivisions 2, 4, 6, 7, 10, 14, by adding a subdivision; 245A.05; 245A.07, subdivision 2; 245A.11, by adding subdivisions; 245D.02, subdivision 20; 245D.03, subdivision 1; 245D.04, subdivision 3; 245D.071, subdivisions 1, 3; 245D.09, subdivision 5a; 245D.11, subdivision 4; 245D.24, subdivision 3; 253B.02, subdivision 9; 254B.15, subdivisions 4, 5; 256.01, subdivision 29, by adding a subdivision; 256.045, subdivision 3; 256B.02, subdivision 7; 256B.04, subdivision 21; 256B.055, subdivision 12; 256B.0615; 256B.0616; 256B.0622, subdivisions 2, 2b, 7a; 256B.0623, subdivision 2; 256B.0624, subdivisions 1, 2, 3, 4; 256B.0625, subdivisions 35a, 43, 60a; 256B.064, subdivision 1b; 256B.0651, subdivision 17; 256B.0659, subdivisions 3, 12, 14, 21, 23, 24; 256B.0911, subdivision 3a; 256B.092, subdivisions 1a, 14; 256B.0943, subdivisions 1, 2, 4, 7, 9; 256B.0946, subdivisions 1, 1a, 4, 6; 256B.0947, subdivisions 3a, 7; 256B.49, subdivisions 13, 25; 256B.4912, by adding a subdivision; 256B.4913, by adding a subdivision; 256B.4914, subdivisions 3, 5, 8, 16; 256B.84; 256B.85, subdivision 12b; 256G.01, subdivision 4; 256G.02, subdivision 4; 256G.09, subdivision 2; 256G.10; 256N.02, subdivisions 10, 16, 17, 18; 256N.22, subdivision 1; 256N.23, subdivision 6; 256N.24, subdivisions 1, 8, 11, 12, 14; 256N.28, subdivision 6; 256P.08, subdivision 4; 270B.14, subdivision 1; 626.5572, subdivision 21; proposing coding for new law in Minnesota Statutes, chapters 245; 245A; repealing Minnesota Statutes 2016, sections 119B.125, subdivision 8; 245.469; 245.4879; 256B.0624, subdivisions 4a, 5, 6, 7, 8, 9, 10, 11; 256B.0944; Minnesota Rules, parts 9555.6255; 9555.7100; 9555.7200; 9555.7300; 9555.7600.

 

Reported the same back with the following amendments:

 

Page 2, after line 2, insert:

 

"Section 1.  Minnesota Statutes 2016, section 256D.051, subdivision 1, is amended to read:

 

Subdivision 1.  Food stamp employment and training program.  The commissioner shall implement a food stamp employment and training program in order to meet the food stamp employment and training participation requirements of the United States Department of Agriculture.  Unless exempt under subdivision 3a, each adult recipient in the unit must participate in the food stamp employment and training program each month that the person is eligible for food stamps.  The person's participation in food stamp employment and training services must begin no later than the first day of the calendar month following the determination of eligibility for food stamps.  With the county agency's consent, and To the extent of available resources, the person a recipient may voluntarily continue volunteer to participate in food stamp employment and training services for up to three additional consecutive months immediately following termination of food stamp benefits in order to complete the provisions of the person's employability development plan.  A recipient who volunteers for employment and training services is subject to the work requirements in Code of Federal Regulations, title 7, section 273.7.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 2.  Minnesota Statutes 2016, section 256D.051, subdivision 1a, is amended to read:

 

Subd. 1a.  Notices and sanctions.  (a) At the time the county agency notifies the household that it is eligible for food stamps, the county agency must inform all mandatory employment and training services participants as identified in subdivision 1 in the household that they must comply with all food stamp employment and training program requirements each month, including the requirement to attend an initial orientation to the food stamp employment and training program and that food stamp eligibility will end unless the participants comply with the requirements specified in the notice an adult of the opportunity to volunteer for and participate in SNAP employment and training activities, provide plain language material that explains the benefits of voluntary participation, and provide the name and address of the county's designated employment and training service provider.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1461

(b) A participant who fails without good cause to comply with food stamp employment and training program requirements of this section, including attendance at orientation, will lose food stamp eligibility for the following periods: The county must inform each recipient who is an able-bodied adult without dependents that the recipient's SNAP benefits are limited to three months in a 36-month period from the first full month of application unless the recipient meets the work requirements in Code of Federal Regulations, title 7, section 273.7.

 

(1) for the first occurrence, for one month or until the person complies with the requirements not previously complied with, whichever is longer;

 

(2) for the second occurrence, for three months or until the person complies with the requirements not previously complied with, whichever is longer; or

 

(3) for the third and any subsequent occurrence, for six months or until the person complies with the requirements not previously complied with, whichever is longer.

 

If the participant is not the food stamp head of household, the person shall be considered an ineligible household member for food stamp purposes.  If the participant is the food stamp head of household, the entire household is ineligible for food stamps as provided in Code of Federal Regulations, title 7, section 273.7(g).  "Good cause" means circumstances beyond the control of the participant, such as illness or injury, illness or injury of another household member requiring the participant's presence, a household emergency, or the inability to obtain child care for children between the ages of six and 12 or to obtain transportation needed in order for the participant to meet the food stamp employment and training program participation requirements.

 

(c) The county agency shall mail or hand deliver a notice to the participant not later than five days after determining that the participant has failed without good cause to comply with food stamp employment and training program requirements which specifies the requirements that were not complied with, the factual basis for the determination of noncompliance, and the right to reinstate eligibility upon a showing of good cause for failure to meet the requirements.  The notice must ask the reason for the noncompliance and identify the participant's appeal rights.  The notice must request that the participant inform the county agency if the participant believes that good cause existed for the failure to comply and must state that the county agency intends to terminate eligibility for food stamp benefits due to failure to comply with food stamp employment and training program requirements.

 

(d) If the county agency determines that the participant did not comply during the month with all food stamp employment and training program requirements that were in effect, and if the county agency determines that good cause was not present, the county must provide a ten-day notice of termination of food stamp benefits.  The amount of food stamps that are withheld from the household and determination of the impact of the sanction on other household members is governed by Code of Federal Regulations, title 7, section 273.7.

 

(e) The participant may appeal the termination of food stamp benefits under the provisions of section 256.045.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 3.  Minnesota Statutes 2016, section 256D.051, subdivision 2, is amended to read:

 

Subd. 2.  County agency duties.  (a) The county agency shall provide to food stamp recipients a food stamp employment and training program.  The program must include:

 

(1) orientation to the food stamp employment and training program;

 

(2) an individualized employability assessment and an individualized employability development plan that includes assessment of literacy, ability to communicate in the English language, educational and employment history, and that estimates the length of time it will take the participant to obtain employment.  The employability


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1462

assessment and development plan must be completed in consultation with the participant, must assess the participant's assets, barriers, and strengths, and must identify steps necessary to overcome barriers to employment.  A copy of the employability development plan must be provided to the registrant;

 

(3) referral to available accredited remedial or skills training or career pathways programs designed to address participant's barriers to employment;

 

(4) referral to available programs that provide subsidized or unsubsidized employment as necessary;

 

(5) a job search program, including job seeking skills training; and

 

(6) other activities, to the extent of available resources designed by the county agency to prepare the participant for permanent employment.

 

In order to allow time for job search, the county agency may not require an individual to participate in the food stamp employment and training program for more than 32 hours a week.  The county agency shall require an individual to spend at least eight hours a week in job search or other food stamp employment and training program activities.

 

(b) The county agency shall prepare an annual plan for the operation of its food stamp employment and training program.  The plan must be submitted to and approved by the commissioner of employment and economic development.  The plan must include:

 

(1) a description of the services to be offered by the county agency;

 

(2) a plan to coordinate the activities of all public entities and private nonprofit entities providing employment‑related services in order to avoid duplication of effort and to provide a wide range of allowable activities and services more efficiently;

 

(3) a description of the factors that will be taken into account when determining a client's employability development plan; and

 

(4) provisions to ensure that the a county agency's employment and training service provider provides each recipient with an orientation, employability assessment, and employability development plan as specified in paragraph (a), clauses (1) and (2), within 30 days of the recipient's eligibility for assistance request to participate in employment and training.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 4.  Minnesota Statutes 2016, section 256D.051, subdivision 3, is amended to read:

 

Subd. 3.  Participant duties.  In order to receive food stamp assistance employment and training services, a registrant participant who volunteers shall:  (1) cooperate with the county agency in all aspects of the food stamp employment and training program; and (2) accept any suitable employment, including employment offered through the Job Training Partnership Act, and other employment and training options; and (3) participate in food stamp employment and training activities assigned by the county agency.  The county agency may terminate employment and training assistance to a registrant voluntary participant who fails to cooperate in the food stamp employment and training program, as provided in subdivision 1a unless good cause is provided.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1463

Sec. 5.  Minnesota Statutes 2016, section 256D.051, subdivision 3a, is amended to read:

 

Subd. 3a.  Requirement to register work.  (a) To the extent required under Code of Federal Regulations, title 7, section 273.7(a), each applicant for and recipient of food stamps is required to register for work as a condition of eligibility for food stamp benefits.  Applicants and recipients are registered by signing an application or annual reapplication for food stamps, and must be informed that they are registering for work by signing the form.

 

(b) The commissioner shall determine, within federal requirements, persons required to participate in the food stamp employment and training (FSET) program.

 

(c) The following food stamp recipients are exempt from mandatory participation in food stamp employment and training services:

 

(1) recipients of benefits under the Minnesota family investment program, Minnesota supplemental aid program, or the general assistance program;

 

(2) a child;

 

(3) a recipient over age 55;

 

(4) a recipient who has a mental or physical illness, injury, or incapacity which is expected to continue for at least 30 days and which impairs the recipient's ability to obtain or retain employment as evidenced by professional certification or the receipt of temporary or permanent disability benefits issued by a private or government source;

 

(5) a parent or other household member responsible for the care of either a dependent child in the household who is under age six or a person in the household who is professionally certified as having a physical or mental illness, injury, or incapacity.  Only one parent or other household member may claim exemption under this provision;

 

(6) a recipient receiving unemployment insurance or who has applied for unemployment insurance and has been required to register for work with the Department of Employment and Economic Development as part of the unemployment insurance application process;

 

(7) a recipient participating each week in a drug addiction or alcohol abuse treatment and rehabilitation program, provided the operators of the treatment and rehabilitation program, in consultation with the county agency, recommend that the recipient not participate in the food stamp employment and training program;

 

(8) a recipient employed or self-employed for 30 or more hours per week at employment paying at least minimum wage, or who earns wages from employment equal to or exceeding 30 hours multiplied by the federal minimum wage; or

 

(9) a student enrolled at least half time in any school, training program, or institution of higher education.  When determining if a student meets this criteria, the school's, program's or institution's criteria for being enrolled half time shall be used.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 6.  Minnesota Statutes 2016, section 256D.051, subdivision 3b, is amended to read:

 

Subd. 3b.  Orientation.  The county agency or its employment and training service provider providers must provide an orientation to food stamp employment and training services to each nonexempt food stamp recipient within 30 days of the date that food stamp eligibility is determined the recipient agreed to volunteer.  The orientation


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1464

must inform the participant of the requirement to participate benefits of participating in services, the date, time, and address to report to for services, the name and telephone number of the food stamp employment and training service provider, the consequences for failure without good cause to comply, the services and support services available through food stamp employment and training services and other providers of similar services, and must encourage the participant to view the food stamp program as a temporary means of supplementing the family's food needs until the family achieves self-sufficiency through employment.  The orientation may be provided through audio-visual methods, but the participant must have the opportunity for face-to-face interaction with county agency staff.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 7.  Minnesota Statutes 2016, section 256D.051, subdivision 6b, is amended to read:

 

Subd. 6b.  Federal reimbursement.  (a) Federal financial participation from the United States Department of Agriculture for food stamp employment and training expenditures that are eligible for reimbursement through the food stamp employment and training program are dedicated funds and are annually appropriated to the commissioner of human services for the operation of the food stamp employment and training program.

 

(b) The appropriation must be used for skill attainment through employment, training, and support services for food stamp participants.  By February 15, 2017, the commissioner shall report to the chairs and ranking minority members of the legislative committees having jurisdiction over the food stamp employment and training program on the progress of securing additional federal reimbursement dollars under this program.

 

(c) Federal financial participation for the nonstate portion of food stamp employment and training costs must be paid to the county agency or service provider that incurred the costs at a rate to be determined by the Departments of Human Services and Employment and Economic Development.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 8.  Minnesota Statutes 2016, section 256D.051, subdivision 8, is amended to read:

 

Subd. 8.  Voluntary quit.  A person who is required to participate in food stamp employment and training services is not eligible for food stamps if, without good cause, the person refuses a legitimate offer of, or quits, suitable employment within 60 30 days before the date of application.  A person who is required to participate in food stamp employment and training services and, without good cause, voluntarily quits suitable employment or refuses a legitimate offer of suitable employment while receiving food stamps shall be terminated from the food stamp program as specified in subdivision 1a.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 9.  Minnesota Statutes 2016, section 256D.051, subdivision 18, is amended to read:

 

Subd. 18.  Work experience placements.  (a) To the extent of available resources, each county agency must may establish and operate a work experience component in the food stamp employment and training program for recipients who are subject to a federal limit of three months of food stamp eligibility in any 36-month period.  The purpose of the work experience component is to enhance the participant's employability, self-sufficiency, and to provide meaningful, productive work activities.

 

(b) The commissioner shall assist counties in the design and implementation of these components.  The commissioner must ensure that job placements under a work experience component comply with section 256J.72.  Written or oral concurrence with job duties of persons placed under the community work experience program shall be obtained from the appropriate exclusive bargaining representative.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1465

(c) Worksites developed under this section are limited to projects that serve a useful public service such as health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, community service, services to aged or disabled citizens, and child care.  To the extent possible, the prior training, skills, and experience of a recipient must be used in making appropriate work experience assignments.

 

(d) Structured, supervised volunteer uncompensated work with an agency or organization that is monitored by the county service provider may, with the approval of the county agency, be used as a work experience placement.

 

(e) As a condition of placing a person receiving food stamps in a program under this subdivision, the county agency shall first provide the recipient the opportunity:

 

(1) for placement in suitable subsidized or unsubsidized employment through participation in job search under section 256D.051; or

 

(2) for placement in suitable employment through participation in on-the-job training a paid work experience, if such employment is available.; or

 

(3) for placement in an educational program designed to increase job skills and employability.

 

(f) The county agency shall limit the maximum monthly number of hours that any participant may work in a work experience placement to a number equal to the amount of the family's monthly food stamp allotment divided by the greater of the federal minimum wage or the applicable state minimum wage.

 

After a participant has been assigned to a position for nine months, the participant may not continue in that assignment unless the maximum number of hours a participant works is no greater than the amount of the food stamp benefit divided by the rate of pay for individuals employed in the same or similar occupations by the same employer at the same site.

 

(g) The participant's employability development plan must include the length of time needed in the work experience program, the need to continue job seeking activities while participating in work experience, and the participant's employment goals.

 

(h) After each six months of a recipient's participation in a work experience job placement, and at the conclusion of each work experience assignment under this section, the county agency shall reassess and revise, as appropriate, the participant's employability development plan.

 

(i) A participant has good cause for failure to cooperate with a work experience job placement if, in the judgment of the employment and training service provider, the reason for failure is reasonable and justified.  Good cause for purposes of this section is defined in subdivision 1a, paragraph (b).

 

(j) A recipient who has failed without good cause to participate in or comply with the work experience job placement shall be terminated from participation in work experience job activities.  If the recipient is not exempt from mandatory food stamp employment and training program participation under subdivision 3a, the recipient will be assigned to other mandatory program activities.  If the recipient is exempt from mandatory participation but is participating as a volunteer, the person shall be terminated from the food stamp employment and training program.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1466

Sec. 10.  Minnesota Statutes 2016, section 256J.751, subdivision 2, is amended to read:

 

Subd. 2.  Quarterly comparison report TANF work participation rates.  (a) The commissioner shall report quarterly to all counties on each county's performance on the following measures:

 

(1) percent of MFIP caseload working in paid employment;

 

(2) percent of MFIP caseload receiving only the food portion of assistance;

 

(3) number of MFIP cases that have left assistance;

 

(4) median placement wage rate;

 

(5) caseload by months of TANF assistance;

 

(6) percent of MFIP and diversionary work program (DWP) cases off cash assistance or working 30 or more hours per week at one-year, two-year, and three-year follow-up points from a baseline quarter.  This measure is called the self-support index.  The commissioner shall report quarterly an expected range of performance for each county, county grouping, and tribe on the self-support index.  The expected range shall be derived by a statistical methodology developed by the commissioner in consultation with the counties and tribes.  The statistical methodology shall control differences across counties in economic conditions and demographics of the MFIP and DWP case load; and

 

(7) the TANF work participation rate, defined as the participation requirements specified under Public Law 109‑171, the Deficit Reduction Act of 2005.

 

(b) The commissioner shall not apply the limits on vocational educational training and education activities under Code of Federal Regulations, title 45, section 261.33(c), when determining TANF work participation rates for individual counties under this subdivision.

 

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

 

Sec. 11.  Minnesota Statutes 2016, section 256J.751, is amended by adding a subdivision to read:

 

Subd. 2a.  Comparison reports.  The commissioner, in cooperation with counties, tribes, and employment services agencies, shall develop and provide monthly and quarterly reports to all counties, tribes, and employment services agencies on each county's and tribe's performance, including work participation rate and racial and geographic data that measures disparities within MFIP.

 

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

 

Sec. 12.  Minnesota Statutes 2016, section 256J.751, is amended by adding a subdivision to read:

 

Subd. 4a.  Self-support index.  The self-support index is the percentage of MFIP and diversionary work program (DWP) cases off cash assistance or working 30 hours or more per week at one-, two-, and three-year follow-up points from a baseline quarter.  The commissioner shall report quarterly an expected range of performance for each county, county grouping, and tribe on the self-support index.  The expected range shall be based on a statistical methodology developed by the commissioner in consultation with the counties and tribes.  The statistical methodology shall control differences across counties in economic conditions and demographics of the MFIP and DWP caseload.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1467

Sec. 13.  Minnesota Statutes 2016, section 256J.751, subdivision 5, is amended to read:

 

Subd. 5.  Failure to meet federal performance standards.  (a) If sanctions occur for failure to meet the performance standards specified in title 1 of Public Law 104-193 of the Personal Responsibility and Work Opportunity Act of 1996, and under Public Law 109-171, the Deficit Reduction Act of 2005, the state shall pay 88 percent of the sanction.  The remaining 12 percent of the sanction will be paid by the counties.  The county portion of the sanction will be distributed across all counties in proportion to each county's percentage of the MFIP average monthly caseload during the period for which the sanction was applied.

 

(b) If a county fails to meet the performance standards specified in title 1 of Public Law 104-193 of the Personal Responsibility and Work Opportunity Act of 1996, and Public Law 109-171, the Deficit Reduction Act of 2005, for any year, the commissioner shall work with counties to organize a joint state-county technical assistance team to work with the county.  The commissioner shall coordinate any technical assistance with other departments and agencies including the Departments of Employment and Economic Development and Education as necessary to achieve the purpose of this paragraph.

 

(c) For state performance measures, a low-performing county is one that:

 

(1) performs below the bottom of their expected range for the measure in subdivision 2, clause (6), 5 in an annualized measurement reported in October of each year; or

 

(2) performs below 40 percent for the measure in subdivision 2, clause (7) TANF work participation rate, as averaged across the four quarterly measurements for the year, or the ten counties with the lowest rates if more than ten are below 40 percent.

 

(d) Low-performing counties under paragraph (c) must engage in corrective action planning as defined by the commissioner.  The commissioner may coordinate technical assistance as specified in paragraph (b) for low‑performing counties under paragraph (c).

 

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

 

Page 9, after line 5, insert:

 

"Sec. 26.  Minnesota Statutes 2016, section 256P.02, subdivision 1, is amended to read:

 

Subdivision 1.  Property ownership.  (a) The agency must apply paragraphs (b) to (e) to determine the value of personal property.  The agency must use the equity value of legally available personal property to determine whether an applicant or participant is eligible for assistance.

 

(b) When personal property is jointly owned by two or more persons, the agency shall assume that each person owns an equal share, except that either person owns the entire sum of a joint personal checking or savings account.  When an applicant or participant documents greater or lesser ownership, the agency must use that greater or lesser share to determine the equity value held by the applicant or participant.  Other types of ownership must be evaluated according to law.

 

(c) Personal property owned by the applicant or participant must be presumed legally available to the applicant or participant unless the applicant or participant documents that the property is not legally available to the applicant or participant.  When personal property is not legally available, its equity value must not be applied against the limits of subdivision 2.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1468

(d) An applicant must disclose whether the applicant has transferred personal property valued in excess of the property limits in subdivision 2 for which reasonable compensation was not received within one year prior to application.  A participant must disclose all transfers of property valued in excess of these limits, according to the reporting requirements in section 256J.30, subdivision 9.  When a transfer of personal property without reasonable compensation has occurred:

 

(1) the person who transferred the property must provide the property's description, information needed to determine the property's equity value, the names of the persons who received the property, and the circumstances of and reasons for the transfer; and

 

(2) when the transferred property can be reasonably reacquired, or when reasonable compensation can be secured, the property is presumed legally available to the applicant or participant.

 

(e) A participant may build the equity value of personal property to the limits in subdivision 2.

 

(f) Any lump sum payment that remains in the third month after the month of receipt is counted in the asset limit.

 

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

 

Sec. 27.  Minnesota Statutes 2016, section 256P.02, subdivision 1a, is amended to read:

 

Subd. 1a.  Exemption.  Participants who qualify for child care assistance programs under chapter 119B and funds under chapter 256Q are exempt from this section.

 

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

 

Page 10, line 7, strike "emergency" and insert "crisis"

 

Page 20, line 20, after "including" insert "911 dispatch,"

 

Page 21, line 5, after "satisfaction" insert ", including notifying recipients of the process by which the county accepts and responds to concerns"

 

Page 21, line 18, delete "timeliness" and insert "timelines"

 

Page 23, line 13, after "recipient" insert ", a recipient's guardian, or a recipient's family"

 

Page 23, line 32, after "recipient" insert ", a recipient's guardian, or a recipient's family"

 

Page 30, line 13, strike "for the program"

 

Page 31, line 21, strike "inpatient"

 

Page 31, line 22, strike the first "hospitalization," and after "partial hospitalization" insert "programs"

 

Page 31, line 26, strike "for the program"

 

Page 35, after line 21, insert:


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1469

"Sec. 18.  Minnesota Statutes 2016, section 256B.0622, subdivision 3a, is amended to read:

 

Subd. 3a.  Provider certification and contract requirements for assertive community treatment.  (a) The assertive community treatment provider entity must:

 

(1) have a contract with the host county to provide assertive community treatment services; and

 

(2) have each ACT team be certified by the state following the certification process and procedures developed by the commissioner.  The certification process determines whether the ACT team meets the standards for assertive community treatment under this section as well as minimum program fidelity standards as measured by a nationally recognized fidelity tool approved by the commissioner.  Recertification must occur at least every three years.

 

(b) An ACT team certified under this subdivision must meet the following standards:

 

(1) have capacity to recruit, hire, manage, and train required ACT team members;

 

(2) have adequate administrative ability to ensure availability of services;

 

(3) ensure adequate preservice and ongoing training for staff;

 

(4) ensure that staff is capable of implementing culturally specific services that are culturally responsive and appropriate as determined by the client's culture, beliefs, values, and language as identified in the individual treatment plan;

 

(5) ensure flexibility in service delivery to respond to the changing and intermittent care needs of a client as identified by the client and the individual treatment plan;

 

(6) develop and maintain client files, individual treatment plans, and contact charting;

 

(7) develop and maintain staff training and personnel files;

 

(8) submit information as required by the state;

 

(9) keep all necessary records required by law;

 

(10) comply with all applicable laws;

 

(11) be an enrolled Medicaid provider;

 

(12) establish and maintain a quality assurance plan to determine specific service outcomes and the client's satisfaction with services; and

 

(13) develop and maintain written policies and procedures regarding service provision and administration of the provider entity.

 

(c) The commissioner may intervene at any time and decertify an ACT team with cause.  The commissioner shall establish a process for decertification of an ACT team and shall require corrective action, medical assistance repayment, or decertification of an ACT team that no longer meets the requirements in this section or that fails to meet the clinical quality standards or administrative standards provided by the commissioner in the application and certification process.  The decertification is subject to appeal to the state.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1470

(d) A provider entity must specify in the provider entity's application what geographic area and populations will be served by the proposed program.  A provider entity must document that the capacity or program specialties of existing programs are not sufficient to meet the service needs of the target population.  A provider entity must submit evidence of ongoing relationships with other providers and levels of care to facilitate referrals to and from the proposed program.

 

(e) A provider entity must submit documentation that the provider entity requested a statement of need from each county board and tribal authority that serves as a local mental health authority in the proposed service area.  The statement of need must specify if the local mental health authority supports or does not support the need for the proposed program and the basis for this determination.  If a local mental health authority does not respond within 60 days of the receipt of the request, the commissioner shall determine the need for the program based on the documentation submitted by the provider entity.

 

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

 

Sec. 19.  Minnesota Statutes 2016, section 256B.0622, subdivision 4, is amended to read:

 

Subd. 4.  Provider entity licensure and contract requirements for intensive residential treatment services.  (a) The intensive residential treatment services provider entity must:

 

(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;

 

(2) not exceed 16 beds per site; and

 

(3) comply with the additional standards in this section; and.

 

(4) have a contract with the host county to provide these services.

 

(b) The commissioner shall develop procedures for counties and providers to submit contracts and other documentation as needed to allow the commissioner to determine whether the standards in this section are met.

 

(c) A provider entity must specify in the provider entity's application what geographic area and populations will be served by the proposed program.  A provider entity must document that the capacity or program specialties of existing programs are not sufficient to meet the service needs of the target population.  A provider entity must submit evidence of ongoing relationships with other providers and levels of care to facilitate referrals to and from the proposed program.

 

(d) A provider entity must submit documentation that the provider entity requested a statement of need from each county board and tribal authority that serves as a local mental health authority in the proposed service area.  The statement of need must specify if the local mental health authority supports or does not support the need for the proposed program and the basis for this determination.  If a local mental health authority does not respond within 60 days of the receipt of the request, the commissioner shall determine the need for the program based on the documentation submitted by the provider entity.

 

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

 

Page 38, line 18, after "the" insert "employment and"

 

Page 38, line 19, after "full-time" insert "employment and"

 

Page 38, line 20, after "in" insert "employment and"


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1471

Page 38, line 22, after the first "the" insert "employment and"

 

Page 38, line 24, before the first "vocational" insert "employment and" and after "The" insert "employment and"

 

Page 38, line 27, after "of" insert "employment or"

 

Page 40, after line 2, insert:

 

"Sec. 21.  Minnesota Statutes 2016, section 256B.0622, subdivision 7b, is amended to read:

 

Subd. 7b.  Assertive community treatment program size and opportunities.  (a) Each ACT team shall maintain an annual average caseload that does not exceed 100 clients.  Staff-to-client ratios shall be based on team size as follows:

 

(1) a small ACT team must:

 

(i) employ at least six but no more than seven full-time treatment team staff, excluding the program assistant and the psychiatric care provider;

 

(ii) serve an annual average maximum of no more than 50 clients;

 

(iii) ensure at least one full-time equivalent position for every eight clients served;

 

(iv) schedule ACT team staff for at least eight-hour shift coverage on weekdays and on-call duty to provide crisis services and deliver services after hours when staff are not working;

 

(v) provide crisis services during business hours if the small ACT team does not have sufficient staff numbers to operate an after-hours on-call system.  During all other hours, the ACT team may arrange for coverage for crisis assessment and intervention services through a reliable crisis-intervention provider as long as there is a mechanism by which the ACT team communicates routinely with the crisis-intervention provider and the on-call ACT team staff are available to see clients face-to-face when necessary or if requested by the crisis-intervention services provider;

 

(vi) adjust schedules and provide staff to carry out the needed service activities in the evenings or on weekend days or holidays, when necessary;

 

(vii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work.  If availability of the ACT team's psychiatric care provider during all hours is not feasible, alternative psychiatric prescriber backup must be arranged and a mechanism of timely communication and coordination established in writing;

 

(viii) be composed of, at minimum, one full-time team leader, at least 16 hours each week per 50 clients of psychiatric provider time, or equivalent if fewer clients, one full-time equivalent nursing, one full-time substance abuse specialist, one full-time equivalent mental health certified peer specialist, one full-time vocational specialist, one full-time program assistant, and at least one additional full-time ACT team member who has is a mental health professional or practitioner status; and

 

(2) a midsize ACT team shall:

 

(i) be composed of, at minimum, one full-time team leader, at least 16 hours of psychiatry time for 51 clients, with an additional two hours for every six clients added to the team, 1.5 to two full-time equivalent nursing staff, one full-time substance abuse specialist, one full-time equivalent mental health certified peer specialist, one


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1472

full‑time vocational specialist, one full-time program assistant, and at least 1.5 to two additional full-time equivalent ACT members, with at least one dedicated full-time staff member with mental health professional status.  Remaining team members may have mental health professional or practitioner status;

 

(ii) employ seven or more treatment team full-time equivalents, excluding the program assistant and the psychiatric care provider;

 

(iii) serve an annual average maximum caseload of 51 to 74 clients;

 

(iv) ensure at least one full-time equivalent position for every nine clients served;

 

(v) schedule ACT team staff for a minimum of ten-hour shift coverage on weekdays and six- to eight-hour shift coverage on weekends and holidays.  In addition to these minimum specifications, staff are regularly scheduled to provide the necessary services on a client-by-client basis in the evenings and on weekends and holidays;

 

(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services when staff are not working;

 

(vii) have the authority to arrange for coverage for crisis assessment and intervention services through a reliable crisis-intervention provider as long as there is a mechanism by which the ACT team communicates routinely with the crisis-intervention provider and the on-call ACT team staff are available to see clients face-to-face when necessary or if requested by the crisis-intervention services provider; and

 

(viii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work.  If availability of the psychiatric care provider during all hours is not feasible, alternative psychiatric prescriber backup must be arranged and a mechanism of timely communication and coordination established in writing;

 

(3) a large ACT team must:

 

(i) be composed of, at minimum, one full-time team leader, at least 32 hours each week per 100 clients, or equivalent of psychiatry time, three full-time equivalent nursing staff, one full-time substance abuse specialist, one full-time equivalent mental health certified peer specialist, one full-time vocational specialist, one full-time program assistant, and at least two additional full-time equivalent ACT team members, with at least one dedicated full-time staff member with mental health professional status.  Remaining team members may have mental health professional or mental health practitioner status;

 

(ii) employ nine or more treatment team full-time equivalents, excluding the program assistant and psychiatric care provider;

 

(iii) serve an annual average maximum caseload of 75 to 100 clients;

 

(iv) ensure at least one full-time equivalent position for every nine individuals served;

 

(v) schedule staff to work two eight-hour shifts, with a minimum of two staff on the second shift providing services at least 12 hours per day weekdays.  For weekends and holidays, the team must operate and schedule ACT team staff to work one eight-hour shift, with a minimum of two staff each weekend day and every holiday;

 

(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services when staff are not working; and


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1473

(vii) arrange for and provide psychiatric backup during all hours the psychiatric care provider is not regularly scheduled to work.  If availability of the ACT team psychiatric care provider during all hours is not feasible, alternative psychiatric backup must be arranged and a mechanism of timely communication and coordination established in writing.

 

(b) An ACT team of any size may have a staff-to-client ratio that is lower than the requirements described in paragraph (a) upon approval by the commissioner, but may not exceed a one-to-ten staff-to-client ratio."

 

Page 43, line 26, after "recipient" insert ", the recipient's guardian, or the recipient's family"

 

Page 45, delete lines 19 to 24

 

Page 52, after line 7, insert:

 

"Sec. 32.  Minnesota Statutes 2016, section 256B.0943, subdivision 8, is amended to read:

 

Subd. 8.  Required preservice training and continuing education.  (a) A provider entity shall establish a plan training program to provide preservice training and continuing education for staff.  The plan training program must clearly describe the type of training provided by the entity necessary to obtain new skills and maintain current skills and obtain new skills and that relates to the provider entity's goals and objectives for services offered to provide appropriate services.

 

(b) A provider entity that employs a mental health behavioral aide under this section must require the mental health behavioral aide to complete 30 hours of preservice training.  The preservice training must include parent team training.  The preservice training must include 15 hours of in-person training of a mental health behavioral aide in mental health services delivery and eight hours of parent team training.  Before providing services to a client, the aide must complete 24 hours of training, including training on the role and limitations of a behavioral aide, boundaries, ethics, confidentiality, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), child development, documentation, crisis deescalation skills, and common medications, their side effects and impact on symptoms.  A provider entity's policies are not considered part of the 24 hours of required training.

 

Within 60 days of employment, the aide must complete six hours of Department of Human Services approved or delivered parent team training.  Curricula for parent team training must be approved in advance by the commissioner.  Components of parent team training include:

 

(1) partnering with parents as partners;

 

(2) fundamentals of family support understanding and supporting families;

 

(3) fundamentals of policy and decision making impact on siblings;

 

(4) defining equal partnership the role of culture in family structures; and

 

(5) complexities of the parent and service provider partnership in multiple service delivery systems due to system strengths and weaknesses;

 

(6) sibling impacts;

 

(7) (5) community resources and support networks; and.

 

(8) community resources.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1474

(c) A provider entity that employs a mental health practitioner and a mental health behavioral aide to provide children's therapeutic services and supports under this section must require the mental health practitioner and mental health behavioral aide to complete 20 hours of continuing education every two calendar years.  The continuing education must be related to serving the needs of a child with emotional disturbance in the child's home environment and the child's family.

 

(d) The provider entity must document the mental health practitioner's or mental health behavioral aide's annual completion of the required continuing education.  The documentation must include the date, subject, and number of hours of the continuing education, and attendance records, as verified by the staff member's signature, job title, and the instructor's name.  The provider entity must keep documentation for each employee, including records of attendance at professional workshops and conferences, at a central location and in the employee's personnel file.

 

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

 

Page 65, line 3, after the semicolon, insert "section 256B.0625, subdivision 35a;"

 

Page 65, line 24, after "disenrolled," insert "disqualified," and strike "subject to" and insert "has a " and strike "revocation or suspension" and insert "that has been revoked or suspended under chapter 245A"

 

Page 65, line 25, strike "disqualified" and strike "subject to vendor debarment" and insert "has been debarred or suspended"

 

Page 75, line 1, delete "Sale of a program" and insert "Change of ownership requirements"

 

Page 76, line 2, after "letter" insert "with the license application" and after "how" insert "and within what length of time"

 

Page 76, line 19, delete "pursuant to subdivision 4," and insert "and"

 

Page 77, delete line 5

 

Page 77, line 6, delete "(2)" and insert "(1)"

 

Page 77, line 8, delete "(3)" and insert "(2)"

 

Page 77, line 10, delete "(4)" and insert "(3)"

 

Page 77, line 15, delete "(5)" and insert "(4)"

 

Page 78, line 2, delete "section" and insert "subdivision"

 

Page 79, line 9, after the second comma, insert "family"

 

Page 80, delete section 19

 

Page 81, delete section 20

 

Page 87, line 18, after the period, insert "This provision does not apply to mental health crisis services provided under section 256B.0624 outside of normal business hours if on-call staff are being dispatched directly from a location other than the provider's usual place of business."


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1475

Page 96, line 21, after the period, insert "Services provided on days and times other than the days and hours of operation specified on any license that is required under chapter 245A or 245D are not reimbursable under the program."

 

Page 96, line 23, delete everything after the period and insert "Services not documented according to this subdivision or not specified in a federally approved waiver plan are not reimbursable under the program and may be recovered by the department according to section 256B.064 and Minnesota Rules, parts 9505.2160 to 9505.2245."

 

Page 96, delete line 24

 

Page 96, line 25, delete everything before "For"

 

Page 96, line 26, delete "(a) to (i)" and insert "(b) to (j)"

 

Page 97, line 11, delete "section" and insert "sections 256B.0913, subdivision 7, 256B.0915, subdivision 1a,"

 

Page 97, line 18, delete "and"

 

Page 97, line 21, delete the period and insert "; and"

 

Page 97, after line 21, insert:

 

"(5) for services provided under section 245D.03, subdivision 1, paragraph (c), clause (3), entries into the record under this subdivision shall occur at least monthly."

 

Page 97, line 23, delete "(a) to (d) and (f)" and insert "(b) to (e) and (g)"

 

Page 98, line 6, delete "(a) to (d)" and insert "(b) to (e)"

 

Page 98, line 17, after the second comma, insert "and licensed under Minnesota Rules, parts 9555.9600 to 9555.9730,"

 

Page 98, line 18, delete "(a) to (e)" and insert "(b) to (f)"

 

Page 98, after line 22, insert:

 

"(ii) attendance records as specified under section 245A.14, subdivision 14, paragraph (c), the date of attendance must be documented on the attendance record with the day, month, and year noted, and the pick-up and drop-off time must be noted on the attendance record in hours and minutes, with a.m. and p.m. designations;"

 

Page 98, delete lines 23 to 25

 

Page 98, line 30, after the semicolon, insert "and"

 

Page 99, line 3, after "location" insert a comma and delete "and"

 

Page 99, line 5, delete "; and" and insert a period

 

Page 99, delete lines 6 and 7

 

Page 99, line 8, delete "the day following final enactment" and insert "August 1, 2017"

 

Page 101, delete section 35

 

Page 108, delete lines 18 to 22 and insert "only if determined necessary for health and safety reasons identified by the home care provider's registered nurse in an initial assessment or reassessment as defined under section 144A.4791, subdivision 8, and documented in the written service plan under section 144A.4791, subdivision 9.  Any


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1476

restrictions of those rights for people served under sections 256B.0915 and 256B.49 must be documented in the resident's coordinated service and support plan as defined under sections 256B.0915, subdivision 6, and 256B.49, subdivision 15."

 

Page 108, line 26, delete everything after "time"

 

Page 108, line 27, delete everything before the semicolon

 

Page 121, delete section 10

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Fabian from the Committee on Environment and Natural Resources Policy and Finance to which was referred:

 

H. F. No. 1265, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying requirements for receipt of fund money; amending Minnesota Statutes 2016, sections 116P.05, subdivision 2; 116P.17, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this act.  The appropriations are from the environment and natural resources trust fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2017," "2018," and "2019" used in this act mean that the appropriations listed under them are available for the fiscal year ending June 30, 2017, June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  "The biennium" is fiscal years 2018 and 2019.  Appropriations for fiscal year 2017 are available the day following final enactment.

 

 

APPROPRIATIONS

Available for the Year

Ending June 30

 

 

 

 

2017

2018

2019

 

Sec. 2.  MINNESOTA RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

$8,428,000

 

$50,828,000

 

$-0-


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1477

The amounts that may be spent for each purpose are specified in the following subdivisions.  Appropriations for fiscal years 2018 and 2019 are available for two years beginning July 1, 2017, for fiscal year 2018 appropriations and beginning July 1, 2018, for fiscal year 2019 appropriations, unless otherwise stated in the appropriation.  Any unencumbered balance remaining in the first year does not cancel and is available for the second year or until the end of the appropriation.  Appropriations for fiscal year 2017 are available until June 30, 2018, unless otherwise stated in the appropriation.

 

Subd. 2.  Definition

 

 

 

 

 

"Trust fund" means the Minnesota environment and natural resources trust fund established under the Minnesota Constitution, article XI, section 14.

 

Subd. 3.  Foundational Natural Resource Data and Information

 

3,700,000

 

 

6,471,000

 

 

-0-

 

(a) County Geologic Atlases - Continuation

 

 

 

 

 

$3,700,000 in fiscal year 2017 is from the trust fund to the Board of Regents of the University of Minnesota, Minnesota Geological Survey, to continue acceleration of the production of county geologic atlases for the purpose of sustainable management of surface water and groundwater resources.  This appropriation is to complete Part A of county geologic atlases, which focuses on the properties and distribution of earth materials in order to define aquifer boundaries and the connection of aquifers to the land surface and surface water resources.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) Assessment of Public Benefits of Protecting Source Water

 

 

 

 

$320,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to map and quantify source water risks, determine ecosystem service valuation of clean water, and provide analyses of equity and community capacity to improve decisions about the protection and management of groundwater and surface water.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(c) Preserving Minnesota Prairie Plant Diversity - Phase II

 

 

 

 

$900,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to continue collecting and preserving germplasm of plants throughout Minnesota's prairie region, study the microbial effects that promote plant health,


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1478

analyze local adaptation, and evaluate the adaptive capacity of prairie plant populations.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(d) Minnesota Biological Survey - Continuation

 

 

 

 

 

$2,900,000 the first year is from the trust fund to the commissioner of natural resources for continuation of the Minnesota biological survey to provide a foundation for conserving biological diversity by systematically collecting, interpreting, monitoring, and delivering data on plant and animal distribution and ecology, native plant communities, and functional landscapes.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(e) Minnesota Wildflowers Online Botanical Reference - Phase II

 

 

 

 

$270,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Minnesota Wildflowers Information to continue surveying and imaging plant species and publishing species profiles for a plant identification reference Web site available to the public and land managers.  Images acquired and information compiled using these funds are for purposes of public information available on a Web site.  If the organization is no longer able to maintain the Web site, the organization must work with the state and the University of Minnesota, Bell Museum of Natural History, to ensure the materials remain publicly available on the Web.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(f) Drainage Records Modernization Cost Share - Phase II

 

 

 

 

$540,000 the first year is from the trust fund to the Board of Water and Soil Resources to facilitate statewide modernization of public drainage records under Minnesota Statutes, chapter 103E, and integrate new specifications into existing drainage records modernization guidelines through matching cost-share grants to drainage authorities.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(g) Groundwater Contamination Mapping

 

 

 

 

 

$400,000 the first year is from the trust fund to the commissioner of the Pollution Control Agency to develop a Web-based interactive map of groundwater contamination to improve protection of groundwater resources for drinking water.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1479

(h) Landslide Susceptibility, Mapping, and Management Tools

 

 

 

 

$500,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to create landslide susceptibility maps using a landslide inventory and quantitative analysis of LiDAR to provide tools and data for mitigation and restoration to reduce impacts on water resources.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(i) Moose Calf Surveys and Monitoring

 

 

 

 

 

$348,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to assess the use of unmanned aerial vehicles in natural resource monitoring of moose populations and changes in ecosystems.

 

(j) Effects of Wolf Predation on Beaver, Moose, and Deer

 

 

 

 

$293,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Voyageurs National Park to assess the effects of wolf predation on beaver, moose, and deer in the Border Lakes region.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 4.  Water Resources

-0-

 

2,584,000

 

-0-

 

(a) Assessment of Household Chemicals and Herbicides in Rivers and Lakes

 

 

 

 

$236,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to quantify environmental levels of household chemical and herbicide ingredients in rivers and lakes and assess their potential to form toxic by-products.

 

(b) Wastewater Nitrogen Removal Technology to Protect Water Quality

 

 

 

 

$450,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to develop a technology for inexpensive low-energy nitrogen removal in wastewater.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(c) Water Quality Monitoring in Southeastern Minnesota Trout Streams

 

 

 

 

$500,000 the first year is from the trust fund to the Board of Trustees of Minnesota State Colleges and Universities, Winona State University, to develop a system of biological monitoring for


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1480

water quality protection of trout streams in southeastern Minnesota.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(d) Reassessing Toxicity of Petrochemical Spills on Groundwater and Surface Waters

 

 

 

 

$300,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the University of St. Thomas to reassess long-term effects of oil spills through the analysis of chemical parameters related to oil degradation and evaluate the impacts on aquatic species, groundwater, and surface waters.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(e) Assessment of Water Quality for Reuse

 

 

 

 

 

$148,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to collect and analyze pathogen data for evaluation of water reuse in order to maximize water reuse and protect groundwater and surface water quality.

 

(f) Identification of Chemicals of Emerging Concern in Minnesota Fish

 

 

 

 

$400,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Grand Portage Band of Lake Superior Chippewa to identify chemicals of emerging concern and metals in fish, water, and sediments from approximately 30 water bodies in northeastern Minnesota used for subsistence harvest and recreation.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(g) Techniques for Water Storage Estimates in Central Minnesota

 

 

 

 

$250,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to improve water storage estimates in groundwater, soil moisture, streams, lakes, and wetlands through integration of satellite monitoring and ground‑based measurements in central Minnesota.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1481

(h) Assessing Release of Mercury and Sulfur on Aquatic Communities

 

 

 

 

$300,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to determine the effects of increased temperatures on the release of mercury and sulfur from Minnesota peatlands to predict impacts on aquatic communities and fish health.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 5.  Environmental Education

-0-

 

2,817,000

 

-0-

 

(a) Connecting Youth to Minnesota Waterways through Outdoor Classrooms

 

 

 

 

$1,200,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Wilderness Inquiry to provide place-based environmental education science water experiences to approximately 20,000 middle- and high-school students.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) Increasing Diversity in Environmental Careers

 

 

 

 

 

$1,487,000 the first year is from the trust fund to the commissioner of natural resources in cooperation with Conservation Corps Minnesota and Iowa to encourage a diversity of students to pursue careers in environment and natural resources through internships and mentorships with the Department of Natural Resources, the Board of Water and Soil Resources, and the Pollution Control Agency.  This appropriation is available until June 30, 2022, by which time the project must be completed and final products delivered.

 

(c) Increasing Residential Environmental Learning Center Opportunities

 

 

 

 

$130,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Audubon Center of the North Woods to provide scholarship opportunities for a minimum of 1,000 students that are not currently served through other residential environmental education learning centers.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 6.  Aquatic and Terrestrial Invasive Species

 

2,700,000

 

 

2,021,000

 

 

-0-

 

(a) Aquatic Invasive Species Research Center - Phase II

 

 

 

 

 

$2,700,000 in fiscal year 2017 is from the trust fund to the Board of Regents of the University of Minnesota to support the Minnesota Aquatic Invasive Species Research Center in finding


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1482

solutions to Minnesota's aquatic invasive species problems through research, control, prevention, and early detection of existing and emerging aquatic invasive species threats.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(b) Emerald Ash Borer Biocontrol - Phase III

 

 

 

 

 

$729,000 the first year is from the trust fund to the commissioner of agriculture in cooperation with the Board of Regents of the University of Minnesota to implement biocontrol of emerald ash borer using a newly approved parasitic wasp, assess the impact of the statewide program, and engage citizen volunteers.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(c) Invasive Bighead and Silver Carp and Native Fish Evaluation - Phase II

 

 

 

 

$500,000 the first year is from the trust fund to the commissioner of natural resources to continue invasive bighead and silver carp monitoring in the Mississippi River and tributaries through advanced acoustic telemetry and assess food chains to determine how native species might prevent invasive bighead and silver carp establishment.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(d) Adapting Stream Barriers to Remove Common Carp

 

 

 

 

$301,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to conduct field tests at existing barrier sites and laboratory experiments to adapt a technology to remove common carp from streams during carp spawning migrations in Minnesota.

 

(e) Tactical Invasive Plant Management Plan Development

 

 

 

 

$296,000 the first year is from the trust fund to the commissioner of agriculture in cooperation with the Board of Regents of the University of Minnesota to develop regional priorities and an interagency action plan for invasive plant management to protect and promote habitat and native species.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(f) Maximize Value of Water Impoundments to Wildlife

 

 

 

 

 

$195,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the National Audubon Society, Minnesota office, to control invasive hybrid cattails in water impoundments to improve habitat quality for migrating and


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1483

breeding birds.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 7.  Air Quality, Climate Change, and Renewable Energy

 

-0-

 

 

1,700,000

 

 

-0-

 

(a) Assessment of Urban Air Quality

 

 

 

 

 

$700,000 the first year is from the trust fund to the commissioner of the Pollution Control Agency to set up and operate a network of 250 air pollution sensors at 50 sites to monitor fine particles, ozone, nitrogen oxides, sulfur dioxide, and carbon monoxide in each zip code for the cities of Minneapolis and St. Paul to assess variability of urban air pollution.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) District Heating with Renewable Biomass at Camp Ripley Training Center

 

 

 

 

$1,000,000 the first year is from the trust fund to the commissioner of military affairs to install a 5,000,000-BTU centralized biomass boiler system utilizing the forestry management at Camp Ripley.  This appropriation must be matched by at least $900,000 of nonstate money and must be committed by December 31, 2017.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 8.  Methods to Protect or Restore Land, Water, and Habitat

 

1,029,000

 

 

28,537,000

 

 

-0-

 

(a) Optimizing the Nutrition of Roadside Plants for Pollinators

 

 

 

 

$815,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota in cooperation with the Departments of Agriculture, Natural Resources, and Transportation and the Board of Water and Soil Resources to produce site-specific recommendations for roadside plantings in Minnesota to maximize the nutritional health of native bees and monarch butterflies that rely on roadside habitat corridors.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) Promoting Conservation Biocontrol of Beneficial Insects

 

 

 

 

$400,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota to research integrated pest management strategies, including insecticide alternatives, and overwintering habitat sites to conserve beneficial insects, including


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1484

bees, butterflies, and predator insects.  The integrated pest management strategies will be used to develop best management practices to increase pollinator and beneficial insect diversity and abundance in various restored habitats.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(c) Evaluating the Use of Bison to Restore and Preserve Savanna Habitat

 

 

 

 

$388,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, Cedar Creek Ecosystem Science Reserve, to research combined bison grazing and fire management strategies to restore Minnesota's oak savanna ecosystems.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(d) State Park Pollinator Habitat Restoration

 

 

 

 

 

$672,000 the first year is from the trust fund to the commissioner of natural resources to restore at least 520 acres of monarch butterfly and other native pollinator habitats in at least seven state parks in the Minnesota Prairie Conservation Plan core areas and establish pollinator plantings and interpretive exhibits in at least ten state parks.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(e) Enhancing Spawning Habitat Restoration in Minnesota Lakes

 

 

 

 

$294,000 the first year is from the trust fund to the Board of Regents of the University of Minnesota, St. Anthony Falls Laboratory, in cooperation with the Department of Natural Resources to enhance efforts to increase natural reproduction of fish in Minnesota lakes by assessing wave energy impacts on near‑shore spawning habitat.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(f) Prescribed-Fire Management for Roadside Prairies

 

 

 

 

 

$345,000 the first year is from the trust fund to the commissioner of transportation to enhance the prescribed-fire program to manage roadsides to protect and increase biodiversity and pollinator habitat.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1485

(g) Minnesota Bee and Beneficial Species Habitat Restoration

 

 

 

 

$732,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Pheasants Forever in cooperation with the University of Minnesota and the Minnesota Honey Producers Association to restore approximately 800 acres of permanently protected land to enhance bee, butterfly, beneficial insect, and grassland bird habitats.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(h) Mississippi and Vermillion Rivers Restoration of Prairie, Savanna, and Forest Habitat - Phase X

 

 

 

 

$213,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Friends of the Mississippi River for continued implementation of the Metro Conservation Corridors partnership by improving at least 80 acres of habitat at approximately seven sites along the Mississippi River and Vermillion River corridors.  Expenditures are limited to the identified project corridor areas as defined in the work plan.  A list of proposed restoration sites must be provided as part of the required work plan.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(i) Economic Assessment of Precision Conservation and Agriculture

 

 

 

 

$400,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with Pheasants Forever to demonstrate a new approach to promote conservation practices utilizing return-on-investment analysis and identifying revenue‑negative acres on agricultural land to assist farmers in implementing conservation practices that will provide environmental and economic benefits.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(j) Conservation Reserve Enhancement Program (CREP) Outreach and Implementation

 

 

 

 

$6,000,000 the first year is from the trust fund to the Board of Water and Soil Resources to fund staff at soil and water conservation districts to assist landowners participating in the federal Conservation Reserve Enhancement Program.  This appropriation is contingent upon receipt of federal funds for implementation.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1486

(k) Conservation Reserve Enhancement Program (CREP)

 

 

 

 

 

$1,029,000 in fiscal year 2017 and $18,278,000 the first year are from the trust fund to the Board of Water and Soil Resources to acquire permanent conservation easements and restore land under Minnesota Statutes, section 103F.515.  This work may be done in cooperation with the federal Conservation Reserve Enhancement Program.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

Subd. 9.  Land Acquisition, Habitat, and Recreation

 

999,000

 

 

5,358,000

 

 

-0-

 

(a) Minnesota State Trails Acquisition, Development, and Enhancement

 

 

 

 

$999,000 in fiscal year 2017 and $39,000 the first year are from the trust fund to the commissioner of natural resources for state trail acquisition, development, and enhancement in southern Minnesota.  A proposed list of trail projects on authorized state trails must be provided as part of the required work plan.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(b) Leech Lake Acquisition

 

 

 

 

 

$1,500,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the Leech Lake Band of Ojibwe to acquire approximately 45 acres, including 0.67 miles of shoreline of high-quality aquatic and wildlife habitat at the historic meeting place between Henry Schoolcraft and the Anishinabe people.  The land must be open to public use including hunting and fishing.  The band must provide a commitment that land will not be put in a federal trust through the Bureau of Indian Affairs.

 

(c) Mesabi Trail Development

 

 

 

 

 

$2,269,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for engineering and constructing segments of the Mesabi Trail.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(d) Tower Trailhead Boat Landing and Habitat Improvement - Phase II

 

 

 

 

$600,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the city of Tower to construct a trailhead and boat landing and restore vegetative


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1487

habitat on city-owned property.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(e) Land Acquisition for Voyageurs National Park Crane Lake Visitors Center

 

 

 

 

$950,000 the first year is from the trust fund to the commissioner of natural resources for an agreement with the town of Crane Lake, in partnership with Voyageurs National Park and the Department of Natural Resources, to acquire approximately 30 acres to be used for a visitor center and campground.  Income generated by the campground may be used to support the facility.

 

Subd. 10.  Administration and Contract Agreement Reimbursement

 

-0-

 

 

1,340,000

 

 

-0-

 

(a) Contract Agreement Reimbursement

 

 

 

 

 

$135,000 the first year is from the trust fund to the commissioner of natural resources, at the direction of the Legislative-Citizen Commission on Minnesota Resources, for expenses incurred for contract agreement reimbursement for the agreements specified in this section.  The commissioner shall provide documentation to the Legislative-Citizen Commission on Minnesota Resources on the expenditure of these funds.

 

(b) Legislative-Citizen Commission on Minnesota Resources (LCCMR) Administration

 

 

 

 

$1,200,000 the first year is from the trust fund to the Legislative‑Citizen Commission on Minnesota Resources for administration in fiscal years 2018 and 2019 as provided in Minnesota Statutes, section 116P.09, subdivision 5.

 

(c) Legislative Coordinating Commission Legacy Web site

 

 

 

 

$5,000 the first year is from the trust fund to the Legislative Coordinating Commission for the Web site required in Minnesota Statutes, section 3.303, subdivision 10.

 

Subd. 11.  Availability of Appropriations

 

 

 

 

 

Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1488

and necessary for a specific appropriation.  Costs that are directly related to and necessary for an appropriation, including financial services, human resources, information services, rent, and utilities, are eligible only if the costs can be clearly justified and individually documented specific to the appropriation's purpose and would not be generated by the recipient but for receipt of the appropriation.  No broad allocations for costs in either dollars or percentages are allowed.  Unless otherwise provided, the amounts in this section are available until June 30, 2019, when projects must be completed and final products delivered.  For acquisition of real property, the appropriations in this section are available for an additional fiscal year if a binding contract for acquisition of the real property is entered into before the expiration date of the appropriation.  If a project receives a federal grant, the time period of the appropriation is extended to equal the federal grant period.

 

Subd. 12.  Data Availability Requirements

 

 

 

 

 

Data collected by the projects funded under this section must conform to guidelines and standards adopted by MN.IT Services.  Spatial data must also conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office.  Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office.  All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13.  To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as having received funding from the environment and natural resources trust fund.

 

Subd. 13.  Project Requirements

 

 

 

 

 

(a) As a condition of accepting an appropriation under this section, an agency or entity receiving an appropriation or a party to an agreement from an appropriation must comply with paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources for any project funded in whole or in part with funds from the appropriation.  Modifications to the approved work plan and budget expenditures must be made through the amendment process established by the Legislative-Citizen Commission on Minnesota Resources.

 

(b) A recipient of money appropriated in this section that conducts a restoration using funds appropriated in this section must use native plant species according to the Board of Water and Soil Resources' native vegetation establishment and enhancement


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1489

guidelines and include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973.

 

(c) For all restorations conducted with money appropriated under this section, a recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest quality conservation and ecological goals for the restoration site.  Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration project.  The plan must include the proposed timetable for implementing the restoration, including site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best available science and include innovative techniques to achieve the best restoration.

 

(d) An entity receiving an appropriation in this section for restoration activities must provide an initial restoration evaluation at the completion of the appropriation and an evaluation three years beyond the completion of the expenditure.  Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  The evaluation must determine whether the restorations are meeting planned goals, identify any problems with the implementation of the restorations, and, if necessary, give recommendations on improving restorations.  The evaluation must be focused on improving future restorations.

 

(e) All restoration and enhancement projects funded with money appropriated in this section must be on land permanently protected by a conservation easement or public ownership.

 

(f) A recipient of money from an appropriation under this section must give consideration to contracting with Conservation Corps Minnesota for contract restoration and enhancement services.

 

(g) All conservation easements acquired with money appropriated under this section must:

 

(1) be permanent;

 

(2) specify the parties to an easement in the easement;

 

(3) specify all of the provisions of an agreement that are permanent;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1490

(4) be sent to the Legislative-Citizen Commission on Minnesota Resources in an electronic format at least ten business days before closing;

 

(5) include a long-term monitoring and enforcement plan and funding for monitoring and enforcing the easement agreement; and

 

(6) include requirements in the easement document to address specific groundwater and surface water quality protection activities such as keeping water on the landscape, reducing nutrient and contaminant loading, protecting groundwater, and not permitting artificial hydrological modifications.

 

(h) For any acquisition of lands or interest in lands, a recipient of money appropriated under this section must not agree to pay more than 100 percent of the appraised value for a parcel of land using this money to complete the purchase, in part or in whole, except that up to ten percent above the appraised value may be allowed to complete the purchase, in part or in whole, using this money if permission is received in advance of the purchase from the Legislative-Citizen Commission on Minnesota Resources.

 

(i) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high‑quality natural resources or conservation lands that provide natural buffers to water resources.

 

(j) For new lands acquired with money appropriated under this section, a recipient must prepare an ecological restoration and management plan in compliance with paragraph (c), including sufficient funding for implementation unless the work plan addresses why a portion of the money is not necessary to achieve a high-quality restoration.

 

(k) To ensure public accountability for the use of public funds, within 60 days of the transaction, a recipient of money appropriated under this section must provide to the Legislative‑Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations.  This information must be provided for all parties involved in the transaction.  The recipient must also report to the Legislative‑Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted.

 

(l) A recipient of an appropriation from the trust fund under this section must acknowledge financial support from the environment and natural resources trust fund in project publications, signage,


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1491

and other public communications and outreach related to work completed using the appropriation.  Acknowledgment may occur, as appropriate, through use of the trust fund logo or inclusion of language attributing support from the trust fund.  Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section, must satisfy all reporting and other requirements incumbent upon constitutionally dedicated funding recipients as provided in Minnesota Statutes, section 3.303, subdivision 10, and chapter 116P.

 

Subd. 14.  Payment Conditions and Capital Equipment Expenditures

 

 

 

 

(a) All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2017, or the date the work plan is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  Periodic payments must be made upon receiving documentation that the deliverable items articulated in the approved work plan have been achieved, including partial achievements as evidenced by approved progress reports.  Reasonable amounts may be advanced to projects to accommodate cash flow needs or match federal money.  The advances must be approved as part of the work plan.  No expenditures for capital equipment are allowed unless expressly authorized in the project work plan.

 

(b) Single-source contracts as specified in the approved work plan are allowed.

 

Subd. 15.  Purchase of Recycled and Recyclable Materials

 

 

 

 

A political subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, section 16C.0725, regarding purchase of recycled, repairable, and durable materials and Minnesota Statutes, section 16C.073, regarding purchase and use of paper stock and printing.

 

Subd. 16.  Energy Conservation and Sustainable Building Guidelines

 

 

 

 

A recipient to whom an appropriation is made under this section for a capital improvement project must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections.  The recipient may use the energy planning, advocacy, and State Energy Office units of the


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1492

Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to planning and constructing the capital improvement project.

 

Subd. 17.  Accessibility

 

 

 

 

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines.

 

Subd. 18.  Carryforward; Extension

 

 

 

 

 

(a) The availability of the appropriations for the following projects are extended to June 30, 2018:

 

(1) Laws 2014, chapter 226, section 2, subdivision 3, paragraph (d), Evaluation of Wastewater Nitrogen and Estrogen Treatment Options;

 

(2) Laws 2014, chapter 226, section 2, subdivision 4, paragraph (f), Brown Marmorated Stink Bug Monitoring and Biocontrol Evaluation;

 

(3) Laws 2014, chapter 226, section 2, subdivision 6, paragraph (h), Nutrient Capture through Water Management and Biomass Harvesting;

 

(4) Laws 2015, chapter 76, section 2, subdivision 3, paragraph (l), Genetic and Camera Techniques to Estimate Carnivore Populations;

 

(5) Laws 2015, chapter 76, section 2, subdivision 7, paragraph (c), Building Deconstruction to Reduce Greenhouse Gas Emissions and Solid Waste; and

 

(6) Laws 2015, chapter 76, section 2, subdivision 10, Emerging Issues Account.

 

(b) The availability of the appropriations for the following projects are extended to June 30, 2019:

 

(1) Laws 2014, chapter 226, section 2, subdivision 10, paragraph (c), Legislative-Citizen Commission on Minnesota Resources (LCCMR), as extended by Laws 2016, chapter 186, section 2, subdivision 18, clause (8);

 

(2) Laws 2015, chapter 76, section 2, subdivision 7, paragraph (a), Renewable and Sustainable Fertilizers Produced Locally;

 

(3) Laws 2015, chapter 76, section 2, subdivision 8, paragraph (h), Improving Community Forests Through Citizen Engagement; and


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1493

(4) Laws 2016, chapter 186, section 2, subdivision 9, paragraph (b), Minnesota Point Pine Forest Scientific and Natural Area Acquisition.

 

Sec. 3.  Minnesota Statutes 2016, section 116P.05, subdivision 2, is amended to read:

 

Subd. 2.  Duties.  (a) The commission shall recommend an annual or biennial legislative bill for appropriations from the environment and natural resources trust fund and shall adopt a strategic plan as provided in section 116P.08.  Approval of the recommended legislative bill requires an affirmative vote of at least 12 members of the commission.

 

(b) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work plan and annual or semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16.  None of the money provided may be spent unless the commission has approved the pertinent work plan.  Modifications to the approved work plan and budget expenditures shall be made through the amendment process established by the commission.  The commission shall ensure that the expenditures and outcomes described in the work plan for appropriations funded by the environment and natural resources trust fund are met.

 

(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.

 

(d) The commission may adopt operating procedures to fulfill its duties under this chapter.

 

(e) As part of the operating procedures, the commission shall:

 

(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;

 

(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;

 

(3) allow administrative expenses as part of individual project expenditures based on need;

 

(4) provide for project outcome evaluation;

 

(5) keep the grant application, administration, and review process as simple as possible; and

 

(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.

 

Sec. 4.  Minnesota Statutes 2016, section 116P.17, subdivision 1, is amended to read:

 

Subdivision 1.  Commissioner approval.  (a) A recipient of an appropriation from the trust fund who acquires an interest in real property must receive written approval from the commissioner of natural resources prior to the acquisition, if the interest is acquired in whole or in part with the appropriation.  A recipient must request the commissioner's approval at least ten business days before the proposed acquisition.  When a recipient requests approval under this subdivision, the recipient must simultaneously submit the same information to the commission. 


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1494

Conservation easements to be held by the Board of Water and Soil Resources, acquisitions of land in the metropolitan regional recreation open space systems as defined under section 473.351, subdivision 1, with appropriations to the Metropolitan Council, and acquisitions specifically identified in appropriation laws are not subject to commissioner approval under this section.

 

(b) The commissioner shall approve acquisitions under this section only when the interest in real property:

 

(1) is identified as a high priority by the commissioner and meets the objectives and criteria identified in the applicable acquisition plan for the intended management status of the property; or

 

(2) is otherwise identified by the commissioner as a priority for state financing."

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1331, A bill for an act relating to corrections; mental health screening; amending Minnesota Statutes 2016, sections 13.851, by adding a subdivision; 641.15, subdivision 3a.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

 

H. F. No. 1394, A bill for an act relating to workforce development; modifying the dislocated worker program; amending Minnesota Statutes 2016, section 116L.17, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 1619, A bill for an act relating to human services; establishing a contingent, alternate medical assistance payment method for children's hospitals; amending Minnesota Statutes 2016, section 256.969, subdivision 4b, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1495

Torkelson from the Committee on Transportation Finance to which was referred:

 

H. F. No. 1636, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 65 in Isanti County as Chip A. Imker Memorial Highway; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 1840, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2016, sections 10A.01, subdivision 3; 10A.20, subdivision 1b; 13.321, by adding a subdivision; 13.381, by adding a subdivision; 13.383, by adding a subdivision; 13.461, by adding a subdivision; 13.598, by adding a subdivision; 13.7191, by adding a subdivision; 15A.0825, subdivision 8; 16A.152, subdivision 1b; 43A.23, subdivision 1; 43A.316, subdivision 9; 62A.46, subdivision 7; 69.021, subdivision 10; 97A.075, subdivision 5; 97A.133, subdivision 2; 103F.601, subdivision 2; 116R.02, subdivision 4; 119B.06, subdivision 1; 124D.19, subdivision 3; 126C.05, subdivision 14; 127A.41, subdivision 8; 144.0571; 144.0722, subdivision 1; 144.0724, subdivisions 1, 2, 9; 144A.071, subdivisions 3, 4a, 4c, 4d; 144A.073, subdivision 3c; 144A.10, subdivision 4; 144A.15, subdivision 2; 144A.154; 144A.161, subdivision 10; 144A.1888; 144A.611, subdivision 1; 144D.01, subdivision 6; 146B.03, subdivision 7; 148.512, subdivision 16; 148.725, subdivision 5; 148E.280; 150A.02; 151.06, subdivision 1; 151.32; 152.25, subdivision 4; 153B.30, subdivision 2; 179A.10, subdivision 1; 204B.13, subdivisions 1, 2; 237.59, subdivision 2; 237.761, subdivision 4; 245.4835, subdivision 2; 245.493, subdivision 1; 245.62, subdivision 4; 245A.11, subdivision 2a; 245F.09, subdivision 1; 252.292, subdivision 4; 256.045, subdivisions 3b, 4; 256.0451, subdivisions 1, 3, 11, 19; 256.481; 256.9741, subdivision 7; 256.9742, subdivision 6; 256.991; 256B.02, subdivision 9; 256B.059, subdivisions 5, 6; 256B.0622, subdivisions 7b, 7d; 256B.0911, subdivisions 4d, 6; 256B.25, subdivision 3; 256B.35, subdivision 4; 256B.421, subdivision 1; 256B.50, subdivisions 1, 1c; 256B.501, subdivisions 3i, 4b; 256B.692, subdivision 6; 256B.76, subdivision 1; 256B.78; 256D.03, subdivision 2a; 256D.04; 256D.05, subdivision 1; 256D.44, subdivision 5; 256J.01, subdivision 3; 256J.21, subdivision 2; 256J.515; 260.55; 260.56; 260.57; 260C.451, subdivision 8; 270.074, subdivision 3; 273.1392; 275.71, subdivision 4; 275.72, subdivision 2; 276.04, subdivision 3; 276A.06, subdivision 10; 289A.121, subdivisions 5, 6; 290.091, subdivision 2; 290A.03, subdivision 8; 295.53, subdivision 1; 297F.10, subdivision 1; 297I.06, subdivision 3; 297I.15, subdivision 4; 298.001, by adding a subdivision; 298.24, subdivision 1; 298.28, subdivision 6; 317A.061, subdivision 2; 340A.409, subdivision 1; 354A.37, subdivision 1; 354C.11, subdivision 2; 356.215, subdivision 8; 383B.32, subdivisions 3, 4; 462C.05, subdivision 7; 473.39, subdivision 1; 518A.53, subdivision 11; 617.85; Laws 2017, chapter 3, section 1; repealing Minnesota Statutes 2016, sections 120B.365; 122A.245, subdivision 10; 124D.095, subdivision 10; 128D.055, subdivision 4; 129C.30, subdivision 5; 144A.10, subdivision 8a; 216H.077; 290A.28; Laws 2014, chapter 207, section 1; Laws 2014, chapter 227, article 2, section 1; Laws 2015, chapter 68, article 3, section 12; Laws 2016, chapter 135, article 4, section 9; Laws 2016, chapter 189, article 26, section 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1496

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 1847, A bill for an act relating to public safety; providing for consistency in background checks; amending Minnesota Statutes 2016, section 299C.095, subdivision 1; repealing Minnesota Statutes 2016, section 364.04.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2 and insert:

 

"Sec. 2.  Minnesota Statutes 2016, section 364.04, is amended to read:

 

364.04 AVAILABILITY OF RECORDS.

 

Unless expressly authorized by statute, the following criminal records shall not be used, distributed, or disseminated by the state of Minnesota, its agents or political subdivisions in connection with any application for public employment nor in connection with an application for a license:

 

(1) Records of arrest not followed by a valid conviction.

 

(2) Convictions which have been, pursuant to law, annulled or expunged.

 

(3) Misdemeanor convictions for which no jail sentence can be imposed."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 1895, A bill for an act relating to capital investment; appropriating money for preservation and rehabilitation of public buildings on the city of Hastings public square, which includes the historically designated Hastings City Hall and the Hastings Police Department; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 1925, A bill for an act relating to capital investment; appropriating money for asset preservation at the veterans home in Hastings; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1497

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1938, A bill for an act relating to human services; modifying provisions governing chemical and mental health services; amending Minnesota Statutes 2016, sections 245A.03, subdivision 2; 245A.191; 254A.01; 254A.02, subdivisions 2, 3, 5, 6, 8, 10, by adding subdivisions; 254A.03; 254A.035, subdivision 1; 254A.04; 254A.08; 254A.09; 254A.19, subdivision 3; 254B.01, subdivision 3, by adding a subdivision; 254B.03, subdivision 2; 254B.04, subdivisions 1, 2b; 254B.05, subdivisions 1, 1a, 5; 254B.051; 254B.07; 254B.08; 254B.09; 254B.12, subdivision 2; 254B.13, subdivision 2a; proposing coding for new law as Minnesota Statutes, chapter 245G; repealing Minnesota Statutes 2016, sections 245A.1915; 245A.192; 254A.02, subdivision 4; Minnesota Rules, parts 9530.6405, subparts 1, 1a, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 14a, 15, 15a, 16, 17, 17a, 17b, 17c, 18, 20, 21; 9530.6410; 9530.6415; 9530.6420; 9530.6422; 9530.6425; 9530.6430; 9530.6435; 9530.6440; 9530.6445; 9530.6450; 9530.6455; 9530.6460; 9530.6465; 9530.6470; 9530.6475; 9530.6480; 9530.6485; 9530.6490; 9530.6495; 9530.6500; 9530.6505.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 245A.03, subdivision 2, is amended to read:

 

Subd. 2.  Exclusion from licensure.  (a) This chapter does not apply to:

 

(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child‑placing agency, except as provided in subdivision 2a;

 

(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;

 

(3) residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, a developmental disability, a functional impairment, or a physical disability;

 

(4) sheltered workshops or work activity programs that are certified by the commissioner of employment and economic development;

 

(5) programs operated by a public school for children 33 months or older;

 

(6) nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;

 

(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;

 

(8) board and lodge facilities licensed by the commissioner of health that do not provide children's residential services under Minnesota Rules, chapter 2960, mental health or chemical dependency treatment;

 

(9) homes providing programs for persons placed by a county or a licensed agency for legal adoption, unless the adoption is not completed within two years;

 

(10) programs licensed by the commissioner of corrections;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1498

(11) recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities;

 

(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in section 315.51, whose primary purpose is to provide child care or services to school-age children;

 

(13) Head Start nonresidential programs which operate for less than 45 days in each calendar year;

 

(14) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or a developmental disability;

 

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period;

 

(16) residential programs for persons with mental illness, that are located in hospitals;

 

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;

 

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;

 

(19) mental health outpatient services for adults with mental illness or children with emotional disturbance;

 

(20) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;

 

(21) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17;

 

(22) the placement of a child by a birth parent or legal guardian in a preadoptive home for purposes of adoption as authorized by section 259.47;

 

(23) settings registered under chapter 144D which provide home care services licensed by the commissioner of health to fewer than seven adults;

 

(24) chemical dependency or substance abuse treatment activities of licensed professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 15, when the treatment activities are not paid for by the consolidated chemical dependency treatment fund;

 

(25) consumer-directed community support service funded under the Medicaid waiver for persons with developmental disabilities when the individual who provided the service is:

 

(i) the same individual who is the direct payee of these specific waiver funds or paid by a fiscal agent, fiscal intermediary, or employer of record; and

 

(ii) not otherwise under the control of a residential or nonresidential program that is required to be licensed under this chapter when providing the service;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1499

(26) a program serving only children who are age 33 months or older, that is operated by a nonpublic school, for no more than four hours per day per child, with no more than 20 children at any one time, and that is accredited by:

 

(i) an accrediting agency that is formally recognized by the commissioner of education as a nonpublic school accrediting organization; or

 

(ii) an accrediting agency that requires background studies and that receives and investigates complaints about the services provided.

 

A program that asserts its exemption from licensure under item (ii) shall, upon request from the commissioner, provide the commissioner with documentation from the accrediting agency that verifies:  that the accreditation is current; that the accrediting agency investigates complaints about services; and that the accrediting agency's standards require background studies on all people providing direct contact services; or

 

(27) a program operated by a nonprofit organization incorporated in Minnesota or another state that serves youth in kindergarten through grade 12; provides structured, supervised youth development activities; and has learning opportunities take place before or after school, on weekends, or during the summer or other seasonal breaks in the school calendar.  A program exempt under this clause is not eligible for child care assistance under chapter 119B.  A program exempt under this clause must:

 

(i) have a director or supervisor on site who is responsible for overseeing written policies relating to the management and control of the daily activities of the program, ensuring the health and safety of program participants, and supervising staff and volunteers;

 

(ii) have obtained written consent from a parent or legal guardian for each youth participating in activities at the site; and

 

(iii) have provided written notice to a parent or legal guardian for each youth at the site that the program is not licensed or supervised by the state of Minnesota and is not eligible to receive child care assistance payments.;

 

(28) a county that is an eligible vendor under section 254B.05 to provide care coordination and comprehensive assessment services; or

 

(29) a recovery community organization that is an eligible vendor under section 254B.05 to provide peer recovery support services.

 

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof.

 

(c) Except for the home and community-based services identified in section 245D.03, subdivision 1, nothing in this chapter shall be construed to require licensure for any services provided and funded according to an approved federal waiver plan where licensure is specifically identified as not being a condition for the services and funding.

 

Sec. 2.  Minnesota Statutes 2016, section 254A.03, subdivision 3, is amended to read:

 

Subd. 3.  Rules for chemical dependency care.  (a) The commissioner of human services shall establish by rule criteria to be used in determining the appropriate level of chemical dependency care for each recipient of public assistance seeking treatment for alcohol or other drug dependency and abuse problems.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1500

(b) Notwithstanding the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, upon federal approval of comprehensive assessment as a Medicaid benefit, an eligible vendor of comprehensive assessments under section 254A.19 may determine and approve the appropriate level of substance use disorder treatment for a recipient of public assistance who is seeking treatment.  The commissioner shall develop and implement a utilization review process for publicly funded treatment placements to monitor and review the clinical appropriateness and timeliness of all publicly funded placements in treatment.

 

(c) The process for determining an individual's financial eligibility for the consolidated chemical dependency treatment fund or determining an individual's enrollment in or eligibility for a publicly subsidized health plan is not affected by the individual's choice to access a comprehensive assessment by a vendor for approval of treatment.

 

Sec. 3.  Minnesota Statutes 2016, section 254A.08, subdivision 2, is amended to read:

 

Subd. 2.  Program requirements.  For the purpose of this section, a detoxification program means a social rehabilitation program licensed by the commissioner under Minnesota Rules, parts 9530.6510 to 9530.6590, and established for the purpose of facilitating access into care and treatment by detoxifying and evaluating the person and providing entrance into a comprehensive program.  Evaluation of the person shall include verification by a professional, after preliminary examination, that the person is intoxicated or has symptoms of chemical dependency and appears to be in imminent danger of harming self or others.  A detoxification program shall have available the services of a licensed physician for medical emergencies and routine medical surveillance.  A detoxification program licensed by the Department of Human Services to serve both adults and minors at the same site must provide for separate sleeping areas for adults and minors.

 

Sec. 4.  Minnesota Statutes 2016, section 254B.01, is amended by adding a subdivision to read:

 

Subd. 8.  Recovery community organization.  "Recovery community organization" means an independent organization led and governed by representatives of local communities of recovery.  A recovery community organization mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from alcohol and other drug addiction.  Recovery community organizations provide peer-based recovery support activities such as training of recovery peers.  Recovery community organizations provide mentorship and ongoing support to individuals dealing with a substance use disorder and connect them with resources that can support each person's recovery.  A recovery community organization also promotes a recovery‑focused orientation in community education and outreach programming and organizes recovery-focused policy advocacy activities to foster healthy communities and reduce the stigma of substance use disorder.

 

Sec. 5.  Minnesota Statutes 2016, section 254B.03, subdivision 2, is amended to read:

 

Subd. 2.  Chemical dependency fund payment.  (a) Payment from the chemical dependency fund is limited to payments for services other than detoxification services licensed under Minnesota Rules, parts 9530.6405 to 9530.6505, that, if located outside of federally recognized tribal lands, would be required to be licensed by the commissioner as a chemical dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and services other than detoxification provided in another state that would be required to be licensed as a chemical dependency program if the program were in the state.  Out of state vendors must also provide the commissioner with assurances that the program complies substantially with state licensing requirements and possesses all licenses and certifications required by the host state to provide chemical dependency treatment.  Except for chemical dependency transitional rehabilitation programs, vendors receiving payments from the chemical dependency fund must not require co-payment from a recipient of benefits for services provided under this subdivision.  Payment from the chemical dependency fund shall be made for necessary room and board costs provided by vendors certified according to section 254B.05, or in a community hospital licensed by the commissioner of health according to sections 144.50 to 144.56 to a client who is:


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1501

(1) determined to meet the criteria for placement in a residential chemical dependency treatment program according to rules adopted under section 254A.03, subdivision 3; and

 

(2) concurrently receiving a chemical dependency treatment service in a program licensed by the commissioner and reimbursed by the chemical dependency fund.

 

(b) A county may, from its own resources, provide chemical dependency services for which state payments are not made.  A county may elect to use the same invoice procedures and obtain the same state payment services as are used for chemical dependency services for which state payments are made under this section if county payments are made to the state in advance of state payments to vendors.  When a county uses the state system for payment, the commissioner shall make monthly billings to the county using the most recent available information to determine the anticipated services for which payments will be made in the coming month.  Adjustment of any overestimate or underestimate based on actual expenditures shall be made by the state agency by adjusting the estimate for any succeeding month.

 

(c) The commissioner shall coordinate chemical dependency services and determine whether there is a need for any proposed expansion of chemical dependency treatment services.  The commissioner shall deny vendor certification to any provider that has not received prior approval from the commissioner for the creation of new programs or the expansion of existing program capacity.  The commissioner shall consider the provider's capacity to obtain clients from outside the state based on plans, agreements, and previous utilization history, when determining the need for new treatment services.

 

Sec. 6.  Minnesota Statutes 2016, section 254B.05, subdivision 1, is amended to read:

 

Subdivision 1.  Licensure required.  (a) Programs licensed by the commissioner are eligible vendors.  Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the provisions of section 245A.03.  American Indian programs that provide chemical dependency primary treatment, extended care, transitional residence, or outpatient treatment services, and are licensed by tribal government are eligible vendors.  Detoxification programs are not eligible vendors.  Programs that are not licensed as a chemical dependency residential or nonresidential treatment program by the commissioner or by tribal government or do not meet the requirements of subdivisions 1a and 1b are not eligible vendors.

 

(b) Upon federal approval, a licensed professional in private practice as defined in Minnesota Rules, part 9530.6405, subpart 15, is an eligible vendor of comprehensive assessments and individual substance use disorder treatment services.

 

(c) Upon federal approval, a county is an eligible vendor for comprehensive assessment services when the service is provided by a licensed professional in private practice as defined in Minnesota Rules, part 9530.6405, subpart 15.  Upon federal approval, a county is an eligible vendor of care coordination services when provided by an individual who meets certification requirements identified by the commissioner.

 

(d) Upon federal approval, a recovery community organization that meets certification requirements identified by the commissioner is an eligible vendor of peer support services provided one-to-one by an individual in recovery from substance use disorder.

 

(e) A detoxification program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, is not an eligible vendor.  A program that is not licensed as a chemical dependency residential or nonresidential treatment or withdrawal management program by the commissioner or by tribal government or does not meet the requirements of subdivisions 1a and 1b is not an eligible vendor.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1502

Sec. 7.  Minnesota Statutes 2016, section 254B.05, subdivision 5, is amended to read:

 

Subd. 5.  Rate requirements.  (a) The commissioner shall establish rates for chemical dependency services and service enhancements funded under this chapter.

 

(b) Eligible chemical dependency treatment services include:

 

(1) outpatient treatment services that are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480, or applicable tribal license;

 

(2) comprehensive assessment services, on July 1, 2018, or upon federal approval, whichever is later;

 

(3) care coordination services, on July 1, 2018, or upon federal approval, whichever is later;

 

(4) peer recovery support services, on July 1, 2018, or upon federal approval, whichever is later;

 

(5) withdrawal management services provided according to chapter 245F, on July 1, 2019, or upon federal approval, whichever is later;

 

(2) (6) medication-assisted therapy services that are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;

 

(3) (7) medication-assisted therapy plus enhanced treatment services that meet the requirements of clause (2) (6) and provide nine hours of clinical services each week;

 

(4) (8) high, medium, and low intensity residential treatment services that are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable tribal license which provide, respectively, 30, 15, and five hours of clinical services each week;

 

(5) (9) hospital-based treatment services that are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under sections 144.50 to 144.56;

 

(6) (10) adolescent treatment programs that are licensed as outpatient treatment programs according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or applicable tribal license;

 

(7) (11) high-intensity residential treatment services that are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable tribal license, which provide 30 hours of clinical services each week provided by a state-operated vendor or to clients who have been civilly committed to the commissioner, present the most complex and difficult care needs, and are a potential threat to the community; and

 

(8) (12) room and board facilities that meet the requirements of subdivision 1a.

 

(c) The commissioner shall establish higher rates for programs that meet the requirements of paragraph (b) and one of the following additional requirements:

 

(1) programs that serve parents with their children if the program:

 

(i) provides on-site child care during the hours of treatment activity that:

 

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 9503; or


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1503

(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph (a), clause (6), and meets the requirements under Minnesota Rules, part 9530.6490, subpart 4; or

 

(ii) arranges for off-site child care during hours of treatment activity at a facility that is licensed under chapter 245A as:

 

(A) a child care center under Minnesota Rules, chapter 9503; or

 

(B) a family child care home under Minnesota Rules, chapter 9502;

 

(2) culturally specific programs as defined in section 254B.01, subdivision 4a, or programs or subprograms serving special populations, if the program or subprogram meets the following requirements:

 

(i) is designed to address the unique needs of individuals who share a common language, racial, ethnic, or social background;

 

(ii) is governed with significant input from individuals of that specific background; and

 

(iii) employs individuals to provide individual or group therapy, at least 50 percent of whom are of that specific background, except when the common social background of the individuals served is a traumatic brain injury or cognitive disability and the program employs treatment staff who have the necessary professional training, as approved by the commissioner, to serve clients with the specific disabilities that the program is designed to serve;

 

(3) programs that offer medical services delivered by appropriately credentialed health care staff in an amount equal to two hours per client per week if the medical needs of the client and the nature and provision of any medical services provided are documented in the client file; and

 

(4) programs that offer services to individuals with co-occurring mental health and chemical dependency problems if:

 

(i) the program meets the co-occurring requirements in Minnesota Rules, part 9530.6495;

 

(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates under the supervision of a licensed alcohol and drug counselor supervisor and licensed mental health professional, except that no more than 50 percent of the mental health staff may be students or licensing candidates with time documented to be directly related to provisions of co-occurring services;

 

(iii) clients scoring positive on a standardized mental health screen receive a mental health diagnostic assessment within ten days of admission;

 

(iv) the program has standards for multidisciplinary case review that include a monthly review for each client that, at a minimum, includes a licensed mental health professional and licensed alcohol and drug counselor, and their involvement in the review is documented;

 

(v) family education is offered that addresses mental health and substance abuse disorders and the interaction between the two; and

 

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder training annually.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1504

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program that provides arrangements for off-site child care must maintain current documentation at the chemical dependency facility of the child care provider's current licensure to provide child care services.  Programs that provide child care according to paragraph (c), clause (1), must be deemed in compliance with the licensing requirements in Minnesota Rules, part 9530.6490.

 

(e) Adolescent residential programs that meet the requirements of Minnesota Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements in paragraph (c), clause (4), items (i) to (iv).

 

(f) Subject to federal approval, chemical dependency services that are otherwise covered as direct face-to-face services may be provided via two-way interactive video.  The use of two-way interactive video must be medically appropriate to the condition and needs of the person being served.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to direct face-to-face services.  The interactive video equipment and connection must comply with Medicare standards in effect at the time the service is provided."

 

Delete the title and insert:

 

"A bill for an act relating to human services; modifying provisions governing chemical and mental health services; amending Minnesota Statutes 2016, sections 245A.03, subdivision 2; 254A.03, subdivision 3; 254A.08, subdivision 2; 254B.01, by adding a subdivision; 254B.03, subdivision 2; 254B.05, subdivisions 1, 5."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

 

H. F. No. 1944, A bill for an act relating to taxation; providing for career and technical education; establishing a high school apprenticeship pilot program with a refundable income tax credit for employers; appropriating money; requiring a report.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  HIGH SCHOOL YOUTH SKILLS TRAINING CREDIT.

 

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

 

(b) "Commissioner" means the commissioner of revenue.

 

(c) "Student learner" means a secondary school student, age 16 or older, participating in a youth skills program approved under Minnesota Statutes, section 175.46.

 

(d) "Employer" means a taxpayer under Minnesota Statutes, section 290.01, with employees located in Minnesota.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1505

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

 

Subd. 2.  Tax credit allowed; appropriation.  (a) The commissioner may award credits to a maximum of ten employers under this section.  At least three of the awards must be reserved for employers located in each of the following areas:

 

(1) greater Minnesota;

 

(2) the city of Minneapolis or the city of St. Paul; and

 

(3) areas outside of those identified in clause (1) or (2).

 

(b) Subject to the requirements in paragraph (c), an employer is allowed a credit against the taxes imposed by Minnesota Statutes, chapter 290, equal to $2,000 per student learner employed.  The employer must claim the credit in the taxable year when the student learner completes the youth skills program.

 

(c) For an employer to be eligible for the credits under paragraph (b):

 

(1) all student learners employed by the employer must complete, at least, the Occupational Health and Safety Administration ten-hour class before beginning the workplace portion of the program; and

 

(2) employers must supervise student learners at a ratio of at least one supervisor per student learner.

 

(d) 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 their share of the entity's income for the taxable year.

 

(e) If the amount of credit that the taxpayer is eligible to receive under this section exceeds the taxpayer's tax liability under Minnesota Statutes, chapter 290, the commissioner of revenue shall refund the excess to the taxpayer.

 

(f) An amount necessary to pay claims for refund provided in this section is appropriated from the general fund to the commissioner of revenue.

 

(g) The commissioner of revenue may use any audit and examination powers under Minnesota Statutes, chapter 270C or 289A, to the extent necessary to verify that the taxpayer is eligible for the credit and to assess for the amount of any improperly claimed credit.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and credits are allowed for taxable years beginning after December 31, 2017, and before January 1, 2020."

 

Delete the title and insert:

 

"A bill for an act relating to taxation; income; establishing a temporary refundable high school youth skills training tax credit for employers; requiring a report; appropriating money."

 

 

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

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1506

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 2063, A bill for an act relating to health; modifying the duties of the Home Care Provider Advisory Council with respect to the use of revenue generated by fines on providers; appropriating money; amending Minnesota Statutes 2016, sections 144A.474, subdivision 11; 144A.4799, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 4, delete section 3

 

Amend the title as follows:

 

Page 1, line 4, delete "appropriating money;"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred:

 

H. F. No. 2177, A bill for an act relating to health and human services; adding advanced practice registered nurses and physician assistants to certain statutes; amending Minnesota Statutes 2016, sections 62Q.56, subdivision 1a; 144.213, subdivision 1; 144.441, subdivision 3; 145.867, subdivision 2; 252A.21, subdivision 2; 256.9365, subdivision 2; 256B.056, subdivision 2; 256B.057, subdivision 9; 256B.0653, subdivision 4; 256B.15, subdivision 1a; 256D.44, subdivisions 4, 5; 514.981, subdivision 2; 626.556, subdivision 11d.

 

Reported the same back with the following amendments:

 

Page 16, delete lines 2 and 3 and insert:

 

"Minnesota Rules, part 4601.1800, shall be modified to read as follows until the commissioner of health can revise the rule under Minnesota Statutes, chapter 14:"

 

Page 16, after line 14, insert:

 

"EFFECTIVE DATE.  This section is effective the day following final enactment and applies to Minnesota Rules, part 4601.1800, until the commissioner modifies it.  This change does not affect the commissioner's rulemaking authority to modify the rule as conditions change or circumstances indicate."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1507

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 2245, A bill for an act relating to child care; modifying access to education data; appropriating money for the at-home infant child care program; modifying welfare system terminology and definition; amending Minnesota Statutes 2016, sections 13.32, by adding a subdivision; 13.46, subdivisions 1, 2; 13.84, subdivision 5; 626.556, subdivision 10j; repealing Minnesota Statutes 2016, section 13.468.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 9, delete sections 6 to 8

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the first semicolon

 

Page 1, line 3, delete everything before "modifying"

 

Page 1, line 4, after the semicolon, insert "modifying certain provisions governing community services data;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Torkelson from the Committee on Transportation Finance to which was referred:

 

H. F. No. 2264, A bill for an act relating to transportation; governing speed limits in Hastings; establishing a moratorium; requiring a legislative report.

 

Reported the same back with the following amendments:

 

Page 1, line 5, delete "SPEED LIMITS" and insert "MARKED TRUNK HIGHWAY 316 SPEED LIMIT"

 

Page 1, line 7, delete "any speed limit" and insert "the speed limit on marked Trunk Highway 316, known as Red Wing Boulevard, from the intersection with marked U.S. Highway 61 to Tuttle Drive,"

 

Page 1, line 13, delete "in the city of Hastings" and insert "in the segment of marked Trunk Highway 316 specified in subdivision 1"

 

 

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

 

      The report was adopted.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1508

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 2274, A bill for an act relating to capital investment; establishing a grant program for the development of regional behavioral health crisis programs in selected communities; authorizing the sale and issuance of state bonds; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 245G.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [245G.01] REGIONAL BEHAVIORAL HEALTH CRISIS PROGRAM; FACILITIES GRANTS.

 

Subdivision 1.  Accounts established.  Two regional behavioral health crisis program facilities grant accounts are created, one in the general fund and one in the bond proceeds fund.  Money in the accounts is appropriated to the commissioner to make grants as provided in this chapter.  Money in the accounts is available until spent, notwithstanding section 16A.28 or 16A.642.

 

Subd. 2.  Commissioner.  "Commissioner" means the commissioner of human services.

 

Subd. 3.  Eligible applicant.  (a) "Eligible applicant" or "applicant" for the purposes of grants from the account in the bond proceeds fund means a statutory or home rule charter city, county, housing and redevelopment authority, publicly owned hospital, or other public entity otherwise eligible to receive state general obligation bond proceeds that is designated to apply for a regional behavioral health crisis program facilities grant by the local mental health authority, as defined in section 245.466, or on behalf of a regional consortium of organizations that serve individuals with mental illness or a substance use disorder.

 

(b) "Eligible applicant" or "applicant" for the purposes of grants from the account in the general fund may be made to an eligible applicant under paragraph (a) or to a nonprofit organization that is designated to apply for a regional behavioral health crisis program facilities grant by the local mental health authority, as defined in section 245.466, or on behalf of a regional consortium of organizations that serve individuals with mental illness or a substance use disorder.

 

Subd. 4.  Eligible project.  (a) "Eligible project" or "project" for the purposes of grants from the account in the bond proceeds fund means the acquisition or betterment of public land, buildings, and other public improvements of a capital nature within the meaning of the Minnesota Constitution, article XI, section 5, clause (a).  It includes acquisition of land or interest in land, predesign, design, renovation, construction, furnishing, and equipping facilities in which to provide regional behavioral health crisis programs and services.

 

(b) "Eligible project" or "project" for the purposes of grants from the account in the general fund may be made for purposes described in paragraph (a) or other capital facility improvement purposes that support the regional behavioral health crisis programs and services for which this grant program is established.

 

Subd. 5.  Purpose; grant criteria.  (a) The purpose of the regional behavioral health crisis program is to provide, at a minimum, screening and assessment services for persons with mental illness or substance use disorders.  This may include individuals who are under arrest or subject to arrest, or in immediate need of crisis services.  The facilities grant program is to allow flexibility in the design of the program to meet the needs of the region.

 

(b) The commissioner shall review project proposals by applicants and give priority to those that:

 

(1) demonstrate a need for the program in the region;

 

(2) provide a detailed service plan, including the services that will be provided, to whom, and staffing requirements;


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1509

(3) provide an estimated cost of operating the program;

 

(4) verify financial sustainability by detailing sufficient funding sources; and

 

(5) include an ability and willingness to build on existing resources in the community.

 

(c) Grants may be for up to ... percent of project costs, up to $5,000,000 per project.

 

Subd. 6.  Process.  The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section.  An applicant shall apply for a grant in the manner and at the times the commissioner shall determine.  The grant agreement must be approved by the commissioner of management and budget and is subject to cancellation under subdivision 7.

 

Subd. 7.  Grant cancellation.  If the commissioner determines that a grantee is unable to proceed with an approved project or has not expended or obligated the grant money within four years of entering into the grant agreement with the commissioner, the commissioner shall cancel the grant and the money is available for the commissioner to make other grants under this section.

 

Subd. 8.  Report.  The commissioner shall report to the legislative committees with jurisdiction over mental health issues and capital investment.  The report is due by February 15 of each odd-numbered year and must include information on the projects funded and the program and services provided in those facilities.

 

Sec. 2.  APPROPRIATION FOR CRISIS PROGRAM GRANTS; BOND SALE AUTHORIZATION.

 

Subdivision 1.  Appropriation.  $30,000,000 is appropriated from the bond proceeds fund to the commissioner of human services for grants under Minnesota Statutes, chapter 245G.

 

Subd. 2.  Bond sale.  To provide the money appropriated in this section from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $30,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

 

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

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance without further recommendation.

 

      The report was adopted.

 

 

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 2376, A bill for an act relating to transportation finance; modifying an appropriation for state road construction; amending Laws 2015, chapter 75, article 1, section 3, subdivision 3.

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 4, H. F. No. 2376 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1510

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 729, 809, 904, 1001, 1119, 1245, 1331, 1394, 1619, 1840, 1847, 2063, 2177 and 2245 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 151 and 662 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Swedzinski and Baker introduced:

 

H. F. No. 2449, A bill for an act relating to telecommunications; appropriating money to pay the state-level funding match for the federal E-rate program for broadband in schools.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Liebling, Pierson, Flanagan and Olson introduced:

 

H. F. No. 2450, A bill for an act relating to state government; appropriating money for a grant to the Council on Minnesotans of African Heritage.

 

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

 

 

Omar introduced:

 

H. F. No. 2451, A bill for an act relating to elections; increasing the number of voters an individual may assist in marking a ballot; amending Minnesota Statutes 2016, section 204C.15, subdivision 1.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 2452, A bill for an act relating to human rights; amending notice provisions for actions involving architectural barriers; amending Minnesota Statutes 2016, section 363A.331, subdivisions 2, 5.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1511

Fenton introduced:

 

H. F. No. 2453, A bill for an act relating to capital investment; appropriating money for the Gateway Corridor Busway; authorizing the sale and issuance of state bonds.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 2454, A bill for an act relating to taxation; individual income; requiring the commissioner of revenue to implement a free electronic filing system for individual income tax returns; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 270C.

 

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

 

 

Garofalo introduced:

 

H. F. No. 2455, A bill for an act relating to the Public Utilities Commission; providing for legislative appointments to the Public Utilities Commission; amending Minnesota Statutes 2016, section 216A.03, subdivision 1, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Baker and Marquart introduced:

 

H. F. No. 2456, A bill for an act relating to taxation; modifying levy authority of watershed districts; amending Minnesota Statutes 2016, section 103D.905, subdivision 9.

 

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

 

 

Clark; Hamilton; Gunther; Anderson, P., and Kiel introduced:

 

H. F. No. 2457, A bill for an act relating to agriculture; appropriating money to the Agricultural Utilization Research Institute for identifying roads, streets, parking areas, and trails to seal with soy-based sealant.

 

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

 

 

Franson introduced:

 

H. F. No. 2458, A bill for an act relating to state government; exempting the state and its political subdivisions from daylight savings time; proposing coding for new law in Minnesota Statutes, chapter 1.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1512

Franson and Lohmer introduced:

 

H. F. No. 2459, A bill for an act relating to state government employees; establishing a hiring preference for individuals receiving MFIP or basic sliding fee assistance; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

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

 

 

Maye Quade and Garofalo introduced:

 

H. F. No. 2460, A bill for an act relating to utilities; providing for cost recovery for certain utility activities concerning alternative-fuel vehicles; amending Minnesota Statutes 2016, section 216B.16, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Koznick; Anderson, S.; Scott; Pugh; McDonald and Petersburg introduced:

 

H. F. No. 2461, A bill for an act relating to property tax refunds; modifying the schedule for the homestead credit state refund; amending Minnesota Statutes 2016, section 290A.04, subdivisions 2, 4.

 

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

 

 

Koznick and Peterson introduced:

 

H. F. No. 2462, A bill for an act relating to transportation; extending the Metro Mobility service area; amending Minnesota Statutes 2016, section 473.386, subdivision 3.

 

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

 

 

Zerwas; Dean, M.; Schomacker; Albright; Heintzeman; Cornish; Gruenhagen; Scott; Newberger; Lucero; Anderson, S.; Peppin; Grossell; Rarick; Miller; Poston; O'Neill; Lohmer; Bennett; Davids; Pugh; Fabian; Nash; Pelowski; Johnson, B.; Loeffler; Murphy, E.; Baker; Bahr, C.; Wills; Backer; Drazkowski; McDonald; Kresha and Knoblach introduced:

 

H. F. No. 2463, A bill for an act relating to health; authorizing the commissioner of health to levy certain penalties against medical cannabis manufacturers; amending Minnesota Statutes 2016, sections 152.25, by adding a subdivision; 152.33, by adding a subdivision.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1513

Loonan, Davids and Gunther introduced:

 

H. F. No. 2464, A bill for an act relating to health care; requiring providers to provide patients with written estimates of charges; proposing coding for new law in Minnesota Statutes, chapter 62J; repealing Minnesota Statutes 2016, section 62J.823.

 

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

 

 

Considine introduced:

 

H. F. No. 2465, A bill for an act relating to marriage; recognizing certain marriages between persons of the same sex under prior law; amending Minnesota Statutes 2016, section 517.01.

 

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

 

 

Loon and Erickson introduced:

 

H. F. No. 2466, A bill for an act relating to education finance; appropriating money for a research-supported, computer-based educational program that uses singing to improve the reading ability of students in grades 2 through 5.

 

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

 

 

Poston and Green introduced:

 

H. F. No. 2467, A bill for an act relating to transportation; providing for corridors of commerce program selection.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2468, A bill for an act relating to transportation; establishing requirements governing colocation of light rail transit and freight rail operations; amending Minnesota Statutes 2016, section 473.3994, by adding a subdivision.

 

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

 

 

Freiberg introduced:

 

H. F. No. 2469, A bill for an act relating to health; authorizing minor consent for HPV vaccinations; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1514

Kunesh-Podein, Metsa, Flanagan and Maye Quade introduced:

 

H. F. No. 2470, A bill for an act relating to education finance; providing a grant for drug abuse prevention instruction; requiring a report; appropriating money.

 

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

 

 

Hansen introduced:

 

H. F. No. 2471, A bill for an act relating to education finance; modifying the calculation of long-term facilities maintenance revenue; clarifying the allowed uses of long-term facilities maintenance revenue; amending Minnesota Statutes 2016, section 123B.595, subdivisions 1, 10.

 

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

 

 

Thissen introduced:

 

H. F. No. 2472, A bill for an act relating to State Board of Investment; mandating a report on the impact of climate change on the fossil fuel investments currently held by the State Board of Investment.

 

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

 

 

Pugh introduced:

 

H. F. No. 2473, A bill for an act relating to employment; prohibiting work restrictions based on high school attendance for employees age 18 and older; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

 

Flanagan and Ward introduced:

 

H. F. No. 2474, A bill for an act relating to higher education; increasing teacher education and compensation helps (TEACH) scholarship and education incentives amount; appropriating money for TEACH program; amending Minnesota Statutes 2016, section 136A.128, subdivisions 2, 4.

 

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

 

 

Sandstede introduced:

 

H. F. No. 2475, A bill for an act relating to local government; permitting appointment to the Central Iron Range Sanitary Sewer Board of members of the governing bodies of participating municipalities; amending Laws 2009, chapter 122, section 3, subdivisions 1, 2.

 

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


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1515

Anselmo introduced:

 

H. F. No. 2476, A bill for an act relating to commerce; lowering certain business registration fees; modifying sales tax and employee withholding requirements for small employers; defining employees of small employers as independent contractors; amending Minnesota Statutes 2016, sections 289A.18, subdivision 4; 289A.20, subdivision 4; 290.92, subdivision 1; 322C.0201, by adding a subdivision; 333.055, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 375, A bill for an act relating to local government; allowing a county board to appropriate money for a veterans memorial anywhere in the county; amending Minnesota Statutes 2016, section 375.18, subdivision 10.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 444, A bill for an act relating to securities; modifying the MNvest registration exemption; amending Minnesota Statutes 2016, section 80A.461.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 5, A bill for an act relating to insurance; health; regulating certain data practices of the premium subsidy program; creating a state-operated reinsurance program; appropriating money; amending Minnesota Statutes 2016, sections 62E.10, subdivision 2; 62E.11, subdivisions 5, 6; 297I.05, subdivisions 5, 13; Laws 2017, chapter 2, article 1, section 2, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62E; repealing Laws 2013, chapter 9, section 15.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1516

           Davids moved that the House refuse to concur in the Senate amendments to H. F. No. 5, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 562 and 1113.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 562, A bill for an act relating to human services; modifying certain provisions governing autism early intensive intervention benefit; amending Minnesota Statutes 2016, section 256B.0949.

 

The bill was read for the first time. 

 

Peterson moved that S. F. No. 562 and H. F. No. 919, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 1113, A bill for an act relating to counties; allowing a county law library to transfer money to the county for certain construction costs; proposing coding for new law in Minnesota Statutes, chapter 134A.

 

The bill was read for the first time. 

 

Zerwas moved that S. F. No. 1113 and H. F. No. 1390, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 5:

 

      Davids; Hoppe; Dean, M.; Schomacker and Halverson.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Marquart moved that the name of Fischer be added as an author on H. F. No. 171.  The motion prevailed.

 

      Kiel moved that the name of Fischer be added as an author on H. F. No. 262.  The motion prevailed.

 

      Zerwas moved that the name of Fischer be added as an author on H. F. No. 345.  The motion prevailed.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1517

           Moran moved that the name of Liebling be added as an author on H. F. No. 356.  The motion prevailed.

 

      Bliss moved that the names of Fischer and Hansen be added as authors on H. F. No. 368.  The motion prevailed.

 

      Halverson moved that the name of Ecklund be added as an author on H. F. No. 455.  The motion prevailed.

 

      Loeffler moved that the name of Fischer be added as an author on H. F. No. 516.  The motion prevailed.

 

      Dettmer moved that the name of Backer be added as an author on H. F. No. 555.  The motion prevailed.

 

      Howe moved that the name of Fenton be added as an author on H. F. No. 638.  The motion prevailed.

 

      Daniels moved that the name of Fischer be added as an author on H. F. No. 668.  The motion prevailed.

 

      Peterson moved that the name of Gruenhagen be added as an author on H. F. No. 737.  The motion prevailed.

 

      Loonan moved that the name of Bahr, C., be added as an author on H. F. No. 746.  The motion prevailed.

 

      Metsa moved that the name of Sandstede be added as an author on H. F. No. 759.  The motion prevailed.

 

      Pugh moved that the name of Bahr, C., be added as an author on H. F. No. 810.  The motion prevailed.

 

      Schomacker moved that the name of Poston be added as an author on H. F. No. 823.  The motion prevailed.

 

      Zerwas moved that the name of Haley be added as an author on H. F. No. 839.  The motion prevailed.

 

      Mariani moved that the name of West be added as an author on H. F. No. 843.  The motion prevailed.

 

      Freiberg moved that the name of Fischer be added as an author on H. F. No. 845.  The motion prevailed.

 

      Halverson moved that the name of Fenton be added as an author on H. F. No. 848.  The motion prevailed.

 

      Quam moved that the name of Ecklund be added as an author on H. F. No. 863.  The motion prevailed.

 

      Metsa moved that the name of Fischer be added as an author on H. F. No. 869.  The motion prevailed.

 

      Nornes moved that the name of Fischer be added as an author on H. F. No. 889.  The motion prevailed.

 

      Theis moved that the names of Zerwas and Omar be added as authors on H. F. No. 978.  The motion prevailed.

 

      Miller moved that the name of Pugh be added as an author on H. F. No. 1109.  The motion prevailed.

 

      Garofalo moved that the name of West be shown as chief author on H. F. No. 1143.  The motion prevailed.

 

      Peterson moved that the name of Pugh be added as an author on H. F. No. 1182.  The motion prevailed.

 

      Carlson, A., moved that the name of Fischer be added as an author on H. F. No. 1310.  The motion prevailed.

 

      Poston moved that the name of Howe be added as an author on H. F. No. 1318.  The motion prevailed.

 

      Lien moved that the name of Fischer be added as an author on H. F. No. 1320.  The motion prevailed.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1518

           Applebaum moved that the name of Fischer be added as an author on H. F. No. 1321.  The motion prevailed.

 

      Metsa moved that the name of Sandstede be added as an author on H. F. No. 1324.  The motion prevailed.

 

      Thissen moved that the name of Kresha be added as an author on H. F. No. 1338.  The motion prevailed.

 

      Pierson moved that the name of Fischer be added as an author on H. F. No. 1340.  The motion prevailed.

 

      Maye Quade moved that the names of Fischer and West be added as authors on H. F. No. 1348.  The motion prevailed.

 

      Scott moved that the name of Gruenhagen be added as an author on H. F. No. 1362.  The motion prevailed.

 

      O'Driscoll moved that the name of Moran be added as an author on H. F. No. 1377.  The motion prevailed.

 

      Halverson moved that the name of West be added as an author on H. F. No. 1401.  The motion prevailed.

 

      Baker moved that the name of Fischer be added as an author on H. F. No. 1404.  The motion prevailed.

 

      Baker moved that the name of Layman be added as an author on H. F. No. 1410.  The motion prevailed.

 

      Pierson moved that the name of Fischer be added as an author on H. F. No. 1490.  The motion prevailed.

 

      Kresha moved that the name of Pugh be added as an author on H. F. No. 1558.  The motion prevailed.

 

      Pryor moved that the name of Fischer be added as an author on H. F. No. 1566.  The motion prevailed.

 

      Hoppe moved that the name of Johnson, C., be added as an author on H. F. No. 1568.  The motion prevailed.

 

      Quam moved that the name of Wills be added as an author on H. F. No. 1586.  The motion prevailed.

 

      Howe moved that the name of Poston be added as an author on H. F. No. 1597.  The motion prevailed.

 

      Baker moved that the name of Layman be added as an author on H. F. No. 1618.  The motion prevailed.

 

      Kresha moved that the name of Fischer be added as an author on H. F. No. 1784.  The motion prevailed.

 

      Murphy, E., moved that the name of West be added as an author on H. F. No. 1808.  The motion prevailed.

 

      Anselmo moved that the name of Masin be added as an author on H. F. No. 1861.  The motion prevailed.

 

      Nash moved that the name of Dettmer be added as an author on H. F. No. 1944.  The motion prevailed.

 

      Theis moved that the name of Sauke be added as an author on H. F. No. 1946.  The motion prevailed.

 

      Howe moved that the name of Fischer be added as an author on H. F. No. 1959.  The motion prevailed.

 

      Flanagan moved that the name of Moran be added as an author on H. F. No. 1965.  The motion prevailed.

 

      Barr, R., moved that the name of Poston be added as an author on H. F. No. 1984.  The motion prevailed.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1519

           Omar moved that the name of Fischer be added as an author on H. F. No. 2023.  The motion prevailed.

 

      Maye Quade moved that the name of Moran be added as an author on H. F. No. 2030.  The motion prevailed.

 

      Pierson moved that the name of O'Neill be added as an author on H. F. No. 2032.  The motion prevailed.

 

      Anselmo moved that the name of Thissen be added as an author on H. F. No. 2035.  The motion prevailed.

 

      Zerwas moved that the name of Fischer be added as an author on H. F. No. 2065.  The motion prevailed.

 

      Urdahl moved that the names of Koznick and Mariani be added as authors on H. F. No. 2077.  The motion prevailed.

 

      Drazkowski moved that the names of Gruenhagen and Scott be added as authors on H. F. No. 2170.  The motion prevailed.

 

      Drazkowski moved that the name of Daniels be added as an author on H. F. No. 2222.  The motion prevailed.

 

      Baker moved that the name of Omar be added as an author on H. F. No. 2227.  The motion prevailed.

 

      Albright moved that the name of Pugh be added as an author on H. F. No. 2274.  The motion prevailed.

 

      Theis moved that the names of Backer, Fischer and Koegel be added as authors on H. F. No. 2299.  The motion prevailed.

 

      Albright moved that the name of Sauke be added as an author on H. F. No. 2303.  The motion prevailed.

 

      Anderson, S., moved that the name of Gruenhagen be added as an author on H. F. No. 2336.  The motion prevailed.

 

      Rosenthal moved that the name of Poston be added as an author on H. F. No. 2339.  The motion prevailed.

 

      Considine moved that the name of Johnson, C., be added as an author on H. F. No. 2380.  The motion prevailed.

 

      Considine moved that the name of Johnson, C., be added as an author on H. F. No. 2381.  The motion prevailed.

 

      Franke moved that the name of Uglem be added as an author on H. F. No. 2402.  The motion prevailed.

 

      Fabian moved that the name of Ecklund be added as an author on H. F. No. 2437.  The motion prevailed.

 

      Miller moved that the name of Pugh be added as an author on H. F. No. 2443.  The motion prevailed.

 

      Schultz moved that her name be stricken as an author on H. F. No. 2448.  The motion prevailed.

 

      Rarick moved that H. F. No. 630 be recalled from the Committee on State Government Finance and be re‑referred to the Committee on Taxes.  The motion prevailed.

 

      Hamilton moved that H. F. No. 747 be recalled from the Committee on Commerce and Regulatory Reform and be re-referred to the Committee on Health and Human Services Finance.  The motion prevailed.


Journal of the House - 32nd Day - Monday, March 20, 2017 - Top of Page 1520

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 23, 2017.  The motion prevailed.

 

      Peppin moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Albright declared the House stands adjourned until 3:30 p.m., Thursday, March 23, 2017.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives