Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10389

 

 

STATE OF MINNESOTA

 

 

EIGHTY-FIFTH SESSION - 2008

 

_____________________

 

ONE HUNDRED FIFTH DAY

 

Saint Paul, Minnesota, Monday, April 21, 2008

 

 

The House of Representatives convened at 1:30 p.m. and was called to order by Al Juhnke, Speaker pro tempore.

 

Prayer was offered by Father Tony Wroblewski, Brainerd Area Catholic Churches, Brainerd, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers


 

A quorum was present.

 

Hamilton and Kranz were excused.

 

Kelliher, Sertich and Walker were excused until 2:35 p.m. Westrom was excused until 2:40 p.m. Anderson, B., was excused until 2:55 p.m. Kahn was excused until 4:25 p.m.

 

The Chief Clerk proceeded to read the Journal of the preceding day. Dominguez moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.


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REPORTS OF CHIEF CLERK

 

S. F. No. 3001 and H. F. No. 3316, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Mariani moved that the rules be so far suspended that S. F. No. 3001 be substituted for H. F. No. 3316 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3698 and H. F. No. 3857, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Sailer moved that the rules be so far suspended that S. F. No. 3698 be substituted for H. F. No. 3857 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 17, 2008

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

I have vetoed and am returning House File No. 3114, Chapter No. 193, a bill related to real estate acquisitions by park district boards.

 

Existing law provides local city governments an opportunity to review and vote on a park district board's acquisition of real property within the city. This requirement maximizes local input over land issues that directly impact land within the city.

 

While the statutory change sought in this legislation requires that land acquisitions be in accordance with a city's local master plans, these plans are typically only developed every 10 years. Additional timely review and input by local elected officials assures that property being acquired for park purposes remains consistent with the priorities of the elected local government.

 

 

Sincerely,

 

Tim Pawlenty

Governor


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 615, A bill for an act relating to education; providing for responsible family life and sexuality education programs; requiring information on certain immunizations; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2006, section 121A.23.

 

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

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 934, A bill for an act relating to the environment; requiring manufacturers of certain flame retardants to register with the commissioner of the Pollution Control Agency; creating a fire safety committee; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:

 

325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.

 

Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in subdivision 3 2, beginning January 1, 2008, a person may not manufacture, process, or distribute in commerce a product or flame-retardant part of a product containing more than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether by mass.

 

Subd. 2. Exemptions; penta- and octabromodiphenyl ethers. The following products containing polybrominated diphenyl ethers are exempt from subdivision 1 and section 325E.387, subdivision 2:

 

(1) the sale or distribution of any used transportation vehicle with component parts containing polybrominated diphenyl ethers;

 

(2) the sale or distribution of any used transportation vehicle parts or new transportation vehicle parts manufactured before January 1, 2008, that contain polybrominated diphenyl ethers;

 

(3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of equipment containing polybrominated diphenyl ethers and used primarily for military or federally funded space program applications. This exemption does not cover consumer-based goods with broad applicability;

 

(4) the sale or distribution by a business, charity, public entity, or private party of any used product containing polybrominated diphenyl ethers;


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(5) the manufacture, sale, or distribution of new carpet cushion made from recycled foam containing more than one-tenth of one percent polybrominated diphenyl ether;

 

(6) medical devices; or

 

(7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or modification of telecommunications equipment containing polybrominated diphenyl ethers used by entities eligible to hold authorization in the Public Safety Pool under Code of Federal Regulations, title 47, part 90.

 

In-state retailers in possession of products on January 1, 2008, that are banned for sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in this section restricts the ability of a manufacturer, importer, or distributor from transporting products containing polybrominated diphenyl ethers through the state, or storing such products in the state for later distribution outside the state.

 

Subd. 3. Commercial decabromodiphenyl ether. (a) Except as provided in subdivision 4, beginning July 1, 2010, a person may not manufacture, process, or distribute in commerce any of the following products containing more than one-tenth of one percent of commercial decabromodiphenyl ether by mass:

 

(1) the exterior casing of a television, computer, or computer monitor;

 

(2) upholstered furniture or textiles intended for indoor use in a home or other residential occupancy; or

 

(3) mattresses and mattress pads.

 

(b) The sale or distribution by a business, charity, public entity, or private party of any used product containing commercial decabromodiphenyl ether is exempted from this subdivision.

 

(c) In-state retailers in possession of products on January 1, 2010, that are banned for sale under this subdivision may exhaust their stock of products located in the state as of that date through sales to the public. Nothing in this section restricts a manufacturer, importer, or distributor from transporting products containing commercial decabromodiphenyl ether through the state or storing such products in the state for later distribution outside the state.

 

Subd. 4. Exemption process; commercial decabromodiphenyl ether. (a) A manufacturer or user of a product prohibited from manufacture, sale, or distribution under subdivision 3 may apply for an exemption for a specific use of commercial decabromodiphenyl ether under this section by filing a written request with the commissioner. The commissioner may grant an exemption for a term not to exceed three years. The exemption is renewable upon written request. An initial or renewal request for exemption must include at least the following:

 

(1) a policy statement articulating upper management support for eliminating or reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;

 

(2) a description of the product and the amount of commercial decabromodiphenyl ether distributed for sale and use in the state on an annual basis;

 

(3) a description of the recycling and disposal system used for the product in the state and an estimate of the amount of product or commercial decabromodiphenyl ether that is recycled or disposed of in the state on an annual basis;

 

(4) a description of the manufacturer's or user's past and ongoing efforts to eliminate or reduce the amount of commercial decabromodiphenyl ether used in the product;


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(5) an assessment of options available to reduce or eliminate the use of commercial decabromodiphenyl ether, including any alternatives that do not contain commercial decabromodiphenyl ether, perform the same technical function, are commercially available, and are economically practicable;

 

(6) a statement of objectives in numerical terms and a schedule for achieving the elimination of commercial decabromodiphenyl ether and an environmental assessment of alternative products, including but not limited to human health, solid waste, hazardous waste, and wastewater impacts associated with production, use, recycling, and disposal of the alternatives;

 

(7) a listing of options considered not to be technically or economically practicable; and

 

(8) certification of the accuracy of the information contained in the request, signed and dated by an official of the manufacturer or user.

 

(b) The commissioner may grant an initial or renewal exemption for a specific use of commercial decabromodiphenyl ether, with or without conditions, upon finding that the applicant has demonstrated that there is no alternative that performs the same technical function, is commercially available, is economically practicable, and provides net health and environmental benefits to the state.

 

Subd. 5. Fees for exemption applicants. The application fee for an exemption under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285. Revenues from application fees must be deposited in the environmental fund.

 

Sec. 2. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding a subdivision to read:

 

Subd. 3. Participation in interstate clearinghouse. The commissioner may participate in a regional or national multistate clearinghouse to assist in carrying out the requirements of this section. The clearinghouse is authorized to maintain information on behalf of Minnesota, including, but not limited to:

 

(1) a list of all products containing polybrominated diphenyl ethers; and

 

(2) information on all exemptions granted by the state.

 

Sec. 3. REPORT.

 

By July 1, 2011, the Pollution Control Agency shall report to the senate and house of representatives committees with jurisdiction over environment and natural resources and commerce policy regarding flame-retardant alternatives available for decabromodiphenyl ether."

 

Delete the title and insert:

 

"A bill for an act relating to environment; banning certain products containing commercial decabromodiphenyl ether; providing for exemptions and fees; authorizing participation in multistate clearinghouse; requiring a report; amending Minnesota Statutes 2007 Supplement, sections 325E.386; 325E.387, by adding a subdivision."

 

 

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

 

The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 2351, A bill for an act relating to telecommunications; requiring a study of the impact of state video franchising in states that have enacted such legislation.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "contract" and insert "issue a request for proposals"

 

Page 2, delete line 14 and insert:

 

"Sec. 2. APPROPRIATION.

 

Notwithstanding Minnesota Statutes, section 237.52, subdivision 5, $85,000 is appropriated from the telecommunications access Minnesota fund to the commissioner of commerce for the purposes of section 1.

 

Sec. 3. EFFECTIVE DATE.

 

Sections 1 and 2 are effective the day following final enactment."

 

Amend the title as follows:

 

Page 1, line 3, before the period, insert "; appropriating money"

 

 

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

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 2998, A bill for an act relating to natural resources; authorizing free entrance to state parks for totally and permanently disabled veterans; amending Minnesota Statutes 2006, section 85.053, by adding a subdivision.

 

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

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 3195, A bill for an act relating to environment; establishing an intent to participate in a cap and trade program for greenhouse gas emissions; requiring studies; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216H.

 

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

 

The report was adopted.


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Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3301, A bill for an act relating to transportation; modifying provisions related to design-build project requests for proposals, scoring, project awards, protests, and stipulated fees; modifying provisions relating to Technical Review Committee; amending Minnesota Statutes 2006, sections 13.72, subdivision 11; 161.3420, subdivisions 2, 3, 4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006, section 161.3426, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 161.3412, subdivision 3, is amended to read:

 

Subd. 3. Restriction; reports. (a) The number of design-build contracts awarded by the commissioner in any fiscal year may not exceed ten percent of the total number of transportation construction contracts awarded by the commissioner in the previous fiscal year.

 

(b) The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the design-build method of procurement and. The notification must explain why that method was chosen, and provide the initial cost estimate, the expected date of release for the RFP, and the expected stipulated fee.

 

(c) The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance within three days of any change to the cost estimate or to the stipulated fee of a design-build project.

 

Sec. 2. Minnesota Statutes 2006, section 161.3420, subdivision 2, is amended to read:

 

Subd. 2. Technical Review Committee. During the phase-one request for qualifications (RFQ) and before solicitation, the commissioner shall appoint a Technical Review Committee of at least five individuals. The Technical Review Committee must include an individual whose name and qualifications are submitted to the commissioner by the Minnesota chapter of the Associated General Contractors, after consultation with other commercial contractor associations in the state. Members of the Technical Review Committee who are not state employees are subject to the Minnesota Government Data Practices Act and section 16C.06 to the same extent that state agencies are subject to those provisions. The commissioner shall pay reasonable compensation to Technical Review Committee members who are not public employees for their services. A minimum of two state employees on the Technical Review Committee must be at the level of senior administrative engineer or above. A Technical Review Committee member may not participate in the review or discussion of responses to an RFQ or request for proposals (RFP) when the member has a financial interest in any of the design-build firms that respond to that RFQ or RFP. "Financial interest" includes, but is not limited to, being or serving as an owner, employee, partner, limited liability partner, shareholder, joint venturer, family member, officer, or director of a design-build firm responding to an RFQ or RFP for a specific project, or having any other economic interest in that design-build firm. The members of the Technical Review Committee must be treated as state employees in the event of litigation resulting from any action arising out of their service on the committee.

 

Sec. 3. Minnesota Statutes 2006, section 161.3420, subdivision 3, is amended to read:

 

Subd. 3. Contents. The commissioner shall prepare or have prepared an RFQ. The RFQ must include the following:

 

(1) the minimum qualifications of design-builders necessary to meet the requirements for acceptance;


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(2) a scope of work statement and schedule;

 

(3) documents defining the project requirements;

 

(4) the form of contract to be awarded;

 

(5) the weighted selection criteria for compiling a short list and the number of firms to be included in the short list, which must be at least two but not more than five;

 

(6) a description of the request for proposals (RFP) requirements;

 

(7) the maximum time allowed for design and construction;

 

(8) the commissioner's estimated cost of design and construction;

 

(9) requirements for construction experience, design experience, financial, personnel, and equipment resources available from potential design-builders for the project and experience in other design-build transportation projects or similar projects, provided that these requirements may not unduly restrict competition; and

 

(10) a statement that "past performance," or "experience," or other criteria used in the RFQ evaluation process does not include the exercise or assertion of a person's legal rights.

 

Sec. 4. Minnesota Statutes 2006, section 161.3420, subdivision 4, is amended to read:

 

Subd. 4. Evaluation. The selection team Technical Review Committee shall evaluate the design-build qualifications of responding firms and shall compile a short list of no more than five most highly qualified firms in accordance with qualifications criteria described in the request for qualifications (RFQ). If only one design-build firm responds to the RFQ or remains on the short list, the commissioner may readvertise or cancel the project as the commissioner deems necessary.

 

Sec. 5. Minnesota Statutes 2006, section 161.3422, is amended to read:

 

161.3422 RFP FOR DESIGN-BUILD.

 

During phase two, the commissioner shall issue a request for proposals (RFP) to the design-builders on the short list. The request must include:

 

(1) the scope of work, including (i) performance and technical requirements, (ii) conceptual design, (iii) specifications, and (iv) functional and operational elements for the delivery of the completed project, which must be prepared by a registered or licensed professional engineer;

 

(2) a description of the qualifications required of the design-builder and the selection criteria, including the weight or relative order, or both, of each criterion and subcriterion;

 

(3) copies of the contract documents that the successful proposer will be expected to sign;

 

(4) the maximum time allowable for design and construction;

 

(5) the road authority's estimated cost of design and construction;


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(6) the requirement that a submitted proposal be segmented into two parts, a technical proposal and a price proposal;

 

(7) the requirement that each proposal be in a separately sealed, clearly identified package and include the date and time of the submittal deadline;

 

(8) the requirement that the technical proposal include a critical path method; bar schedule of the work to be performed, or similar schematic; design plans and specifications; technical reports; calculations; permit requirements; applicable development fees; and other data requested in the RFP;

 

(9) the requirement that the price proposal contain all design, construction, engineering, inspection, and construction costs of the proposed project;

 

(10) the date, time, and location of the public opening of the sealed price proposals; and

 

(11) other information relevant to the project; and

 

(12) a statement that "past performance," "experience," or other criteria used in the RFP evaluation process does not include the exercise or assertion of a person's legal rights.

 

Sec. 6. Minnesota Statutes 2006, section 161.3426, subdivision 1, is amended to read:

 

Subdivision 1. Award; computation; announcement. Except as provided in subdivision 2, A design-build contract shall be awarded as follows:

 

(a) The Technical Review Committee shall score the technical proposals using the selection criteria in the request for proposals (RFP). The Technical Review Committee shall then submit a technical proposal score for each design-builder to the commissioner. The Technical Review Committee shall reject any proposal it deems nonresponsive proposal.

 

(b) The commissioner shall announce the technical proposal score for each design-builder and shall publicly open the sealed price proposals and shall divide each design-builder's price by the technical score that the Technical Review Committee has given to it to obtain an adjusted score. The design-builder selected must be that responsive and responsible design-builder (1) whose adjusted score is the lowest, and (2) whose price component does not exceed 120 percent of the lowest price that is submitted by a responsive, responsible design-builder. The requirement in clause (2) of this paragraph only applies if the project has a value in excess of $25,000,000, as stated in the RFP.

 

(c) If a time factor is included with the selection criteria in the RFP package, the commissioner may also adjust the bids using a shall include the value of the time factor established by the commissioner as a criterion within the RFP. The value of the time factor must be expressed as a value per day. The adjustment must be based on the total time value. The total time value is the design-builder's total number of days to complete the project multiplied by the factor. The time-adjusted price is the total time value plus the bid amount. This time adjustment to the bids must be used for selection purposes only, and must not affect the Department of Transportation's liquidated damages schedule or incentive or disincentive program. An adjusted score must then be obtained by dividing each design-builder's time-adjusted price by the score given by the technical review team. The commissioner shall select the responsive and responsible design-builder whose adjusted score is the lowest.

 

(d) Unless all proposals are rejected, the commissioner shall award the contract to the responsive and responsible design-builder with the lowest adjusted score. The commissioner shall reserve the right to reject all proposals.


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(e) The commissioner shall not limit the ability of design-builders that have submitted proposals to protest a contemplated or actual award by the commissioner by, among other things, unreasonably restricting the time to protest, restricting the right to seek judicial review of the commissioner's actions, attempting to change the judicial standard of review, or attempting to shift the commissioner's costs or damages from a protest to a protestor. Unless all design-builders that have submitted proposals agree to execution of a contract for the project without a waiting period beforehand, the commissioner shall wait at least seven days after both the award of the project and public disclosure of the Technical Review Committee's scoring data and the successful proposal before executing a contract for the project.

 

Sec. 7. Minnesota Statutes 2006, section 161.3426, subdivision 3, is amended to read:

 

Subd. 3. Stipulated fee. The commissioner shall award a stipulated fee not less than two-tenths of one percent of the department's estimated cost of design and construction to each short-listed, responsible proposer who provides a responsive but unsuccessful proposal. Any increases to the stipulated fee must be made only by the commissioner and the reasons for those changes must be publicly announced at the time of the change. If the commissioner does not award a contract, all short-listed proposers must receive the stipulated fee. If the commissioner cancels the contract before reviewing the technical proposals, the commissioner shall award each design-builder on the short list a stipulated fee of not less than two-tenths of one percent of the commissioner's estimated cost of design and construction. The commissioner shall pay the stipulated fee to each proposer within 90 days after the award of the contract or the decision not to award a contract without conditions other than those stated in this subdivision. In consideration for paying the stipulated fee, the commissioner may use any ideas or information contained in the proposals in connection with any contract awarded for the project or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful proposers. Notwithstanding the other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the commissioner may not use ideas and information contained in that proposer's proposal. Upon the request of the commissioner, a proposer who waived a stipulated fee may withdraw the waiver, in which case the commissioner shall pay the stipulated fee to the proposer and thereafter may use ideas and information in the proposer's proposal.

 

Sec. 8. Minnesota Statutes 2006, section 161.3426, subdivision 4, is amended to read:

 

Subd. 4. Low-bid design-build process. (a) The commissioner may also use low-bid, design-build procedures to award a design-build contract where the scope of the work can be clearly defined.

 

(b) Low-bid design-build projects may require a request for qualifications (RFQ) and short-listing, and must require a request for proposals (RFP).

 

(c) Submitted proposals under this subdivision must include separately a technical proposal and a price proposal. The low-bid, design-build procedures must follow a two-step process for review of the responses to the RFP as follows:

 

(1) The first step is the review of the technical proposal by the Technical Review Committee as provided in section 161.3420, subdivision 2. The Technical Review Committee must open the technical proposal first and must determine if it complies with the requirements of the RFP and is responsive. The Technical Review Committee shall reject any nonresponsive proposal. The Technical Review Committee may not perform any ranking or scoring of the technical proposals.

 

(2) The second step is the determination of the low bidder based on the price proposal. The commissioner may not open the price proposal until the review of the technical proposal is complete.


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(d) The contract award under low-bid, design-build procedures must be made to the proposer whose sealed bid is responsive to the technical requirements as determined by the Technical Review Committee and that is also the lowest bid.

 

(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build projects only when the commissioner has required an RFQ and short-listed the most highly qualified responsive bidders.

 

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

 

Sec. 9. REPEALER.

 

Minnesota Statutes 2006, section 161.3426, subdivision 2, is repealed."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; modifying provisions relating to design-build projects; amending Minnesota Statutes 2006, sections 161.3412, subdivision 3; 161.3420, subdivisions 2, 3, 4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006, section 161.3426, subdivision 2."

 

 

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

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 3343, A bill for an act relating to energy; creating wind energy conversion system aggregation program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216F.

 

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

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3505, A bill for an act relating to public safety; prohibiting predatory offenders required to register from accessing and using social networking Web sites; amending Minnesota Statutes 2006, sections 243.166, subdivisions 1a, 4; 244.05, subdivision 6.

 

Reported the same back with the following amendments:

 

Page 5, after line 27, insert:

 

"Sec. 4. EFFECTIVE DATE.

 

Sections 1 to 3 are effective August 1, 2009, and apply to predatory offenders who are required to register before, on, or after that date."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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Lenczewski from the Committee on Taxes to which was referred:

 

H. F. No. 3585, A bill for an act relating to energy; authorizing certain governments to engage in energy-related activities, including ownership of renewable energy projects; authorizing bonds; authorizing an annual ad valorem tax; amending Minnesota Statutes 2006, sections 216B.1612, by adding a subdivision; 473.1293, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 216F; 373.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2

 

Page 2, delete subdivision 3

 

Page 3, delete section 4

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, delete everything before "amending"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 3722, A bill for an act relating to economic development; providing military reservist economic injury loans; defining terms; appropriating money; amending Minnesota Statutes 2007 Supplement, section 116L.17, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

Reported the same back with the following amendments:

 

Page 4, after line 7, insert:

 

"Sec. 5. DUPLICATE APPROPRIATIONS.

 

Unless another act explicitly provides otherwise, appropriations made in this act and other acts must be implemented only once even if the provision or a similar provision with the same fiscal effect in the same fiscal year is included in another act. This section applies to laws enacted in the 2008 regular session.

 

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

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10401

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 3725, A bill for an act relating to transportation; authorizing urban partnership agreements to provide for user fees for use of high-occupancy vehicle lanes and dynamic shoulder lanes; exempting commissioner of transportation from rulemaking regarding urban partnership agreements, toll facilities, and final layouts for highways; imposing penalties; appropriating money; amending Minnesota Statutes 2006, sections 160.02, by adding a subdivision; 169.01, subdivision 31, by adding a subdivision; 169.306; proposing coding for new law in Minnesota Statutes, chapter 160.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 160.02, is amended by adding a subdivision to read:

 

Subd. 30. Dynamic shoulder lane. "Dynamic shoulder lane" means the shoulder of a freeway on which the commissioner may allow the operation of vehicles during certain periods.

 

Sec. 2. Minnesota Statutes 2006, section 160.93, is amended to read:

 

160.93 USER FEES; HIGH-OCCUPANCY VEHICLE AND DYNAMIC SHOULDER LANES.

 

Subdivision 1. Fees authorized. To improve efficiency and provide more options to individuals traveling in a trunk highway corridor, the commissioner of transportation may charge user fees to owners or operators of single-occupant vehicles using dynamic shoulder lanes as designated by the commissioner and any designated high-occupancy vehicle lanes. The fees may be collected using electronic or other toll-collection methods and may vary in amount with the time of day and level of traffic congestion within the corridor. The commissioner shall consult with the Metropolitan Council and obtain necessary federal authorizations before implementing user fees on a high-occupancy vehicle lane or dynamic shoulder lane. Fees under this section are not subject to section 16A.1283.

 

Subd. 2. Deposit of revenues; appropriation. (a) Except as provided in subdivision 2a, money collected from fees authorized under subdivision 1 must be deposited in a high-occupancy vehicle lane user fee account in the special revenue fund. A separate account must be established for each trunk highway corridor. Money in the account is appropriated to the commissioner.

 

(b) From this appropriation the commissioner shall first repay the trunk highway fund and any other fund source for money spent to install, equip, or modify the corridor for the purposes of subdivision 1, and then shall pay all the costs of implementing and administering the fee collection system for that corridor.

 

(c) The commissioner shall spend remaining money in the account as follows:

 

(1) one-half must be spent for transportation capital improvements within the corridor; and

 

(2) one-half must be transferred to the Metropolitan Council for expansion and improvement of bus transit services within the corridor beyond the level of service provided on the date of implementation of subdivision 1.

 

Subd. 2a. I-35W high-occupancy vehicle and dynamic shoulder lane account. (a) An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in the special revenue fund. Money collected from fees authorized under subdivision 1 for the marked Interstate Highway 35W (I-35W) corridor must be deposited in the account and used as described in this subdivision. Money in the account is appropriated to the commissioner.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10402

(b) During the first year of revenue operations, the commissioner shall use the money received in that year to pay the costs of operating and administering the fee collection system within the corridor, up to $1,000,000. Any remaining money must be transferred to the Metropolitan Council for improvement of bus transit services within the I-35W corridor including transit capital expenses.

 

(c) During the second and subsequent years of revenue operations, the commissioner shall use money in the account as follows:

 

(1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues for operating and administering the fee collection system within the corridor;

 

(2) transfer the remaining amount up to the amount allocated under clause (1) to the Metropolitan Council for improvement of bus transit within the corridor including capital expenses; and

 

(3) allocate any remaining amount as follows: (i) 25 percent to the commissioner for operating and administering the fee collection system within the corridor and for transportation capital improvements that are consistent with the goals of the urban partnership agreement and that are located within the corridor and (ii) 75 percent to the Metropolitan Council for improvement of bus transit services within the corridor including transit capital expenses.

 

Subd. 3. Rules exemption. With respect to this section, the commissioner is exempt from statutory rulemaking requirements, including section 14.386, and from sections 160.84 to 160.92 and 161.162 to 161.167.

 

Subd. 4. Prohibition. No person may operate a single-occupant vehicle in a designated high-occupancy vehicle lane or dynamic shoulder lane except in compliance with the requirements of the commissioner. A person who violates this subdivision is guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions 1, 2, and 4, and 169.891 and any other provision of chapter 169 applicable to the commission of a petty misdemeanor traffic offense.

 

Subd. 5. Dynamic shoulder lanes. (a) The commissioner may designate dynamic shoulder lanes on freeways. The commissioner may operate dynamic shoulder lanes as priced lanes, general purpose lanes, high-occupancy vehicle lanes, or as shoulders as defined in section 169.01, subdivision 73. The commissioner may prescribe the conditions under which the lanes may be used.

 

(b) The commissioner may not operate a dynamic shoulder lane on marked Trunk Highway 35W from its intersection with marked Trunk Highway 94 to its intersection with marked Trunk Highway 62 as a general purpose lane. A dynamic shoulder lane along this portion of marked Trunk Highway 35W may only be used by:

 

(1) a vehicle with more than one occupant;

 

(2) a single-occupant vehicle if the fee under subdivision 1 is paid;

 

(3) a transit bus providing public transit, as defined in section 174.22, subdivision 7; and

 

(4) an authorized emergency vehicle, as defined in section 169.01, subdivision 5.

 

(c) The commissioner shall erect signs to indicate when the lanes may be used.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10403

Sec. 3. Minnesota Statutes 2006, section 169.01, subdivision 31, is amended to read:

 

Subd. 31. Roadway. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. During periods when the commissioner allows the use of dynamic shoulder lanes as defined in subdivision 93, roadway includes that shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

 

Sec. 4. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

 

Subd. 93. Dynamic shoulder lane. "Dynamic shoulder lane" has the meaning given in section 160.02, subdivision 30.

 

Sec. 5. Minnesota Statutes 2006, section 169.306, is amended to read:

 

169.306 USE OF SHOULDERS BY BUSES.

 

(a) The commissioner of transportation may permit the use by transit buses and metro mobility buses of a shoulder of a freeway or expressway, as defined in section 160.02, in the seven-county metropolitan area.

 

(b) If the commissioner permits the use of a freeway or expressway shoulder by transit buses, the commissioner shall also permit the use on that shoulder of a bus with a seating capacity of 40 passengers or more operated by a motor carrier of passengers, as defined in section 221.011, subdivision 48, while operating in intrastate commerce.

 

(c) Buses authorized to use the shoulder under this section may be operated on the shoulder only when main line traffic speeds are less than 35 miles per hour. Drivers of buses being operated on the shoulder may not exceed the speed of main line traffic by more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses being operated on the shoulder must yield to merging, entering, and exiting traffic and must yield to other vehicles on the shoulder. Buses operated on the shoulder must be registered with the Department of Transportation.

 

(d) For the purposes of this section, the term "metro mobility bus" means a motor vehicle of not less than 20 feet in length engaged in providing special transportation services under section 473.386 that is:

 

(1) operated by the Metropolitan Council, or operated by a public or private entity receiving financial assistance from the Metropolitan Council; and

 

(2) authorized by the council to use freeway or expressway shoulders.

 

(e) This section does not apply to the operation of buses on dynamic shoulder lanes.

 

Sec. 6. REPORT ON URBAN PARTNERSHIP AGREEMENT.

 

By January 15, 2009, and on January 15 each year through 2014, the commissioner of transportation, in conjunction with the Metropolitan Council, shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation concerning the status of the state's participation in the urban partnership agreement. The report must:

 

(1) present the elements of congestion reduction strategies to be implemented under the urban partnership agreement;

 

(2) summarize average daily traffic and congestion levels on affected roadways;


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10404

(3) summarize transit usage in affected corridors;

 

(4) identify the costs of participation and the sources of funding secured or to be secured;

 

(5) include information on revenues and expenditures under the urban partnership agreement;

 

(6) summarize any user fees collected on I-35W high-occupancy vehicle and dynamic shoulder lanes; and

 

(7) recommend any further legislative action necessary for the successful implementation and operation of the urban partnership agreement.

 

Sec. 7. EFFECTIVE DATE.

 

Sections 1 to 6 are effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; authorizing urban partnership agreements to provide for user fees for use of high-occupancy vehicle lanes and dynamic shoulder lanes; appropriating money; amending Minnesota Statutes 2006, sections 160.02, by adding a subdivision; 160.93; 169.01, subdivision 31, by adding a subdivision; 169.306."

 

 

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

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 3902, A bill for an act relating to the operation of state government; making certain changes in agriculture, fuel, and veterans policy; establishing or changing certain programs, requirements, and procedures; regulating certain activities; establishing a planning group and a working group; amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision; 18B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01, subdivision 1, by adding subdivisions; 196.021; 196.03; 197.236; 198.32, subdivision 1; 239.77, as amended; 349.12, subdivision 3a; 609.115, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791, subdivisions 1, 4, 5; 296A.01, subdivision 8a; Laws 2007, chapter 45, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; repealing Minnesota Statutes 2006, sections 197.236, subdivisions 7, 10; 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 41A.105, subdivision 5; 198.002, subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.

 

Reported the same back with the following amendments:

 

Page 35, after line 10, insert:

 

"Sec. 33. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10405

For the 2008 Family Motor Coach Association event held on the State Fair grounds, the fee the State Agricultural Society must obtain for expansion of the recreational camping area license, as required in Minnesota Statutes, section 327.15, shall be 50 percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000."

 

Page 46, line 28, after the semicolon, insert "or"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 5, after the semicolon, insert "appropriating money;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 4189, A bill for an act relating to convention and events centers in the cities of the first class; requiring a study and report to the 2009 legislature.

 

Reported the same back with the following amendments:

 

Page 1, line 14, delete "and"

 

Page 1, line 15, after "fund" insert "; and

 

(5) the economic impact of the facilities on the surrounding communities"

 

Page 1, line 16, delete "(d)" and insert "(c)"

 

Amend the title accordingly

 

 

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

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

S. F. No. 2866, A bill for an act relating to telecommunications; requiring the Department of Commerce to produce a statewide inventory of broadband service.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. BROADBAND MAPPING PROJECT.

 

Subdivision 1. Project. The commissioner of commerce shall contract with a nonprofit organization that has significant experience working with broadband providers to develop Geographical Information System maps displaying levels of broadband service by connection speed and type of technology used and integrating the maps with demographic information to produce a comprehensive statewide inventory and mapping of existing broadband service and capability.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10406

Subd. 2. Mapping. Data must be collected from broadband providers and entered into a geographic information system to produce maps that, for the state of Minnesota and any defined geographical entity within it, clearly convey the following information:

 

(1) areas unserved by any broadband provider;

 

(2) areas served by a single broadband provider;

 

(3) the location of towers used to transmit and receive broadband signals;

 

(4) actual upstream and downstream transmission speeds at the county level of detail;

 

(5) areas served by multiple broadband providers; and

 

(6) the types of technology used to provide broadband service.

 

The data used to produce the maps must be capable of being integrated with demographic data from other sources including, but not limited to, population density and household income to allow for the production of maps that measure, down to the census block level of detail, various characteristics of residents in areas receiving different levels of broadband services and utilizing different technologies. Data provided by a broadband provider to the contractor under this subdivision is nonpublic data under Minnesota Statutes, section 13.02, subdivision 9. Maps produced under this subdivision are public data under Minnesota Statutes, section 13.03.

 

For the purposes of this section, "technology" or "technologies" means different methods of connecting to the Internet including, but not limited to, cable modem, DSL, ADSL, VDSL, and fiber optics.

 

Sec. 2. APPROPRIATION.

 

Notwithstanding Minnesota Statutes, section 237.52, subdivision 5, $175,000 is appropriated from the telecommunications access Minnesota fund to the commissioner of commerce for the purposes of section 1.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to telecommunications; providing for a broadband mapping project; appropriating money."

 

 

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

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

S. F. No. 3061, A bill for an act relating to environment; modifying Petrofund program; amending Minnesota Statutes 2006, sections 115C.04, subdivision 3; 115C.09, subdivision 3h, by adding a subdivision; repealing Minnesota Statutes 2006, section 115C.09, subdivision 3j.

 

Reported the same back with the following amendments:


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10407

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 115C.04, subdivision 3, is amended to read:

 

Subd. 3. Agency Cost recovery; subrogation. Reasonable and necessary expenses incurred by the agency in taking a corrective action, including costs of investigating a release, administrative and legal expenses, and reimbursement costs described in subdivision 1, paragraph (b), may be recovered in a civil action in district court brought by the attorney general board against a responsible person. The agency's certification of expenses is prima facie evidence that the expenses are reasonable and necessary. If the responsible person has petroleum tank leakage or spill insurance coverage that insures against the liability provided in this section, the agency board is subrogated to the rights of the responsible person with respect to that insurance coverage, to the extent of the expenses incurred by the agency and described in this subdivision. The agency board may request the attorney general to bring an action in district court against the insurer to enforce this subrogation right. Expenses that are recovered under this section must be deposited in the fund.

 

Sec. 2. Minnesota Statutes 2006, section 115C.09, subdivision 3h, is amended to read:

 

Subd. 3h. Reimbursement; aboveground tanks in bulk plants. (a) As used in this subdivision, "bulk plant" means an aboveground or underground tank facility with a storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to dispense petroleum into cargo tanks for transportation and sale at another location.

 

(b) Notwithstanding any other provision in this chapter and any rules adopted pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for bulk plant upgrades or closures completed between June 1, 1998, and November 1, 2003, to comply with Minnesota Rules, chapter 7151, provided that the board determines the costs were incurred and reasonable. The reimbursement may not exceed $10,000 per bulk plant. The board may provide reimbursement under this paragraph for work completed after November 1, 2003, if the work was contracted for prior to that date and was not completed by that date as a result of an unanticipated situation, provided that an application for reimbursement under this paragraph, which may be a renewal of an application previously denied, is submitted prior to December 31, 2005.

 

(c) For corrective action at a bulk plant located on what is or was railroad right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first $40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when the applicant can document that more than one bulk plant was operated on the same section of right-of-way, as determined by the commissioner of commerce.

 

Sec. 3. Minnesota Statutes 2006, section 115C.09, is amended by adding a subdivision to read:

 

Subd. 3k. PVC piping at residential locations. (a) The purpose of this subdivision is to assist homeowners who have installed PVC fill piping as part of the heating oil system at their residences, not knowing that heating oil has been shown to dissolve certain types of glue used to hold PVC piping together. Replacement of the PVC piping with metal piping is intended to avoid the catastrophic release of heating oil, as well as the ensuing cleanup costs, that can occur at residences where the PVC piping fails.

 

(b) As used in this subdivision:

 

(1) "residential locations" means a storage tank and appurtenances for heating oil that are used to heat a single-family residence; and

 

(2) "qualified person" means someone who is registered as a contractor under section 115C.11 and, as part of their trade or business, installs or repairs nonpressure piping, heating systems, air conditioning systems, or storage tank systems.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10408

(c) Notwithstanding any other provision of this chapter or any rules adopted under this chapter, the board shall reimburse a qualified person 90 percent of the cost for replacing PVC fill piping with metal piping at residential locations between May 1, 2008, and September 1, 2011, provided that the board determines the costs were incurred and reasonable. The reimbursement may not exceed $250 per residential location. The maximum expenditure from the fund may not exceed $1,500,000.

 

(d) A heating oil vendor is not a responsible person for a heating oil spill inside a residential location if the spill was caused solely by the failure of a tank or appurtenance to a tank owned by the homeowner.

 

Sec. 4. REPEALER.

 

Minnesota Statutes 2006, section 115C.09, subdivision 3j, is repealed."

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

S. F. No. 3158, A bill for an act relating to commerce; requiring Explore Minnesota Tourism to study vacation rental lodging; creating definitions; requiring a report.

 

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

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

S. F. No. 3337, A bill for an act relating to energy; creating coordinated process for reducing greenhouse gas emissions; proposing coding for new law in Minnesota Statutes, chapter 216H.

 

Reported the same back with the recommendation that the first unofficial engrossment pass.

 

The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

S. F. No. 3669, A bill for an act relating to transportation; requiring report on mitigating effects of transportation construction projects on small businesses.

 

Reported the same back with the recommendation that the first unofficial engrossment pass.

 

The report was adopted.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10409

Pelowski from the Committee on Governmental Operations, Reform, Technology and Elections reported on the following appointment which had been referred to the committee by the speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

A. Hilda Bettermann

 

Reported the same back with the recommendation that the appointment be confirmed.

 

Pelowski moved that the report of the Committee on Governmental Operations, Reform, Technology and Elections relating to the appointment of A. Hilda Bettermann to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

Pelowski moved that the House, having advised, do now consent to and confirm the appointment of A. Hilda Bettermann, 8435 Sara Road Northwest, Brandon, Minnesota 56315 in the County of Douglas, effective January 14, 2008, for a four-year term expiring January 2, 2012. The motion prevailed and the appointment of A. Hilda Bettermann was confirmed by the House.

 

 

Pelowski from the Committee on Governmental Operations, Reform, Technology and Elections reported on the following appointment which had been referred to the committee by the speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

Felicia Boyd

 

Reported the same back with the recommendation that the appointment be confirmed.

 

Pelowski moved that the report of the Committee on Governmental Operations, Reform, Technology and Elections relating to the appointment of Felicia Boyd to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

Pelowski moved that the House, having advised, do now consent to and confirm the appointment of Felicia Boyd, 22399 Wagonwheel Trail, Lakeville, Minnesota 55044 in the County of Dakota, effective January 14, 2008, for a four-year term expiring January 2, 2012. The motion prevailed and the appointment of Felicia Boyd was confirmed by the House.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 615, 2998, 3195, 3343, 3505, 3585, 3722 and 3902 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 3001, 3698, 3061, 3158, 3337 and 3669 were read for the second time.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10410

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Lenczewski and Lieder introduced:

 

H. F. No. 4204, A bill for an act relating to taxation; increasing the maximum levy of housing and redevelopment authorities; amending Minnesota Statutes 2006, section 469.033, subdivision 6.

 

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

 

 

Sailer introduced:

 

H. F. No. 4205, A bill for an act relating to environment; prohibiting certain charges by the Pollution Control Agency for services regarding voluntary response actions on contaminated land; amending Minnesota Statutes 2006, section 115B.175, by adding a subdivision.

 

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

 

 

Dean introduced:

 

H. F. No. 4206, A bill for an act relating to health; establishing a state policy for stem cell research; proposing coding for new law in Minnesota Statutes, chapters 137; 145.

 

The bill was read for the first time and referred to the Committee on Biosciences and Emerging Technology.

 

 

Atkins, Hilstrom, Johnson and Tillberry introduced:

 

H. F. No. 4207, A bill for an act relating to certain state contracts; requiring full enforcement of certain agreements between the state and an airline company.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10411

H. F. No. 3477, A bill for an act relating to manufactured housing; providing for regulation of lending practices and default; providing notices and remedies; amending Minnesota Statutes 2006, sections 327.64, subdivision 2; 327.65; 327.66; 327B.01, by adding subdivisions; 327B.08, by adding a subdivision; 327B.09, by adding a subdivision; 327B.12; proposing coding for new law in Minnesota Statutes, chapters 327; 327B.

 

The Senate has appointed as such committee:

 

Senators Marty, Jungbauer and Scheid.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Madam 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. 3500, A bill for an act relating to business organizations; proposing technical amendments to the Business Corporations Act, the Limited Liability Company Act, and the Uniform Limited Partnership Act of 2001; authorizing the formation of nonprofit limited liability companies; amending Minnesota Statutes 2006, sections 302A.011, subdivisions 17, 50; 302A.111, subdivisions 2, 3, 4; 302A.231, subdivisions 2, 3; 302A.237; 302A.241, subdivision 1; 302A.255, subdivision 1; 302A.449, subdivision 3; 302A.471, subdivision 3; 302A.521, subdivision 1; 302A.553, subdivision 1; 302A.701; 302A.721; 321.1206; 322B.03, subdivisions 20, 32, by adding a subdivision; 322B.10; 322B.11; 322B.35, subdivision 3; 322B.363, subdivision 3; 322B.643, subdivisions 2, 3; 322B.66, subdivision 1; 322B.666, subdivision 1; 322B.699, subdivision 1; 322B.78; 322B.80, subdivision 1; 322B.806; 322B.90, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 322B.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

Lillie moved that the House concur in the Senate amendments to H. F. No. 3500 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

H. F. No. 3500, A bill for an act relating to business organizations; proposing technical amendments to the Business Corporations Act, the Limited Liability Company Act, and the Uniform Limited Partnership Act of 2001; authorizing the formation of nonprofit limited liability companies; amending Minnesota Statutes 2006, sections 290.01, subdivision 3b; 302A.011, subdivisions 17, 50; 302A.111, subdivisions 2, 3, 4; 302A.231, subdivisions 2, 3; 302A.237; 302A.241, subdivision 1; 302A.255, subdivision 1; 302A.449, subdivision 3; 302A.471, subdivision 3; 302A.521, subdivision 1; 302A.553, subdivision 1; 302A.701; 302A.721; 321.1206; 322B.03, subdivisions 20, 32, by adding a subdivision; 322B.10; 322B.11; 322B.35, subdivision 3; 322B.363, subdivision 3; 322B.643, subdivisions 2, 3; 322B.66, subdivision 1; 322B.666, subdivision 1; 322B.699, subdivision 1; 322B.78; 322B.80, subdivision 1; 322B.806; 322B.90, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 322B.

 

 

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10412

The question was taken on the repassage of the bill and the roll was called. There were 124 yeas and 2 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers


 

 

Those who voted in the negative were:

 


Buesgens

Drazkowski


 

 

The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Madam Speaker:

 

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

S. F. No. 2368, A bill for an act relating to human services; requiring the commissioner to notify the legislature prior to the closure or transfer of an enterprise activity; amending Minnesota Statutes 2006, section 246.0136, by adding a subdivision.

 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

 

Senators Koering, Berglin and Lourey.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10413

Ward moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2368. The motion prevailed.

 

 

Madam Speaker:

 

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

S. F. No. 2390, A bill for an act relating to consumer protection; modifying restrictions on the collection and use of Social Security numbers; amending Minnesota Statutes 2006, section 325E.59, subdivision 3; Minnesota Statutes 2007 Supplement, section 325E.59, subdivision 1.

 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

 

Senators Betzold, Scheid and Pariseau.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Hilstrom moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2390. The motion prevailed.

 

 

Madam Speaker:

 

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

S. F. No. 3235, A bill for an act relating to data practices; classifying data and authorizing data sharing; making technical changes; regulating practices of business screening services; providing for civil penalties and remedies; amending Minnesota Statutes 2006, sections 6.715, by adding a subdivision; 13.03, subdivision 3; 13.32, by adding a subdivision; 123B.03, subdivisions 2, 3, by adding a subdivision; 260B.171, subdivision 5; 518.10; Minnesota Statutes 2007 Supplement, section 13.39, subdivisions 2, 2a; proposing coding for new law in Minnesota Statutes, chapter 332.

 

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

 

Senators Olson, M.; Moua; Betzold; Scheid and Limmer.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10414

Simon moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3235. The motion prevailed.

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Sertich from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Supplemental Calendar for the Day for Monday, April 21, 2008:

 

S. F. No. 3218; H. F. No. 3134; S. F. Nos. 3775, 2775, 3441, 2511, 3132 and 3213; H. F. Nos. 3376 and 3493; and S. F. No. 3174.

 

 

CALENDAR FOR THE DAY

 

 

S. F. No. 2597 was reported to the House.

 

 

Bigham moved to amend S. F. No. 2597, the second engrossment, as follows:

 

Page 1, line 10, after "school" insert "board or other"

 

Page 1, line 12, after "school" insert "board or other"

 

Page 1, delete line 14 and insert "that sexual misconduct or attempted sexual misconduct occurred"

 

Page 1, line 16, delete "conduct" and insert "misconduct" and after "school" insert "board or other"

 

Page 1, line 17, delete "sections" and insert "section" and delete ", and 13.43, subdivision 2,"

 

Page 1, line 18, after "school" insert "board or other"

 

Page 1, delete line 21, and insert "license as a result of sexual misconduct or attempted sexual"

 

Page 1, line 22, delete "conduct" and insert "misconduct"

 

Page 2, line 2, after "school" insert "board or other"

 

Page 2, line 6, after "school" insert "board or other"

 

 

The motion prevailed and the amendment was adopted.

 

 

Emmer moved to amend S. F. No. 2597, the second engrossment, as amended, as follows:

 

Page 1, after line 6, insert:

 

"Section 1. Minnesota Statutes 2006, section 122A.40, subdivision 13, is amended to read:


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10415

Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph (b), a board may discharge a continuing-contract teacher, effective immediately, upon any of the following grounds:

 

(1) immoral conduct, insubordination, or conviction of a felony;

 

(2) conduct unbecoming a teacher which requires the immediate removal of the teacher from classroom or other duties;

 

(3) failure without justifiable cause to teach without first securing the written release of the school board;

 

(4) gross inefficiency which the teacher has failed to correct after reasonable written notice;

 

(5) willful neglect of duty; or

 

(6) continuing physical or mental disability subsequent to a 12 months leave of absence and inability to qualify for reinstatement in accordance with subdivision 12.

 

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair discriminatory practice described in section 363A.13.

 

Prior to discharging a teacher under this paragraph, the board must notify the teacher in writing and state its ground for the proposed discharge in reasonable detail. Within ten days after receipt of this notification the teacher may make a written request for a hearing before the board and it shall be granted before final action is taken. The board may, however, suspend a teacher with pay pending the conclusion of such the hearing and determination of the issues raised in the hearing after charges have been filed which constitute ground for discharge. If a teacher has been charged with a felony and the underlying conduct that is the subject of the felony charge is a ground for a proposed immediate discharge, the suspension pending the conclusion of the hearing and determination of the issues may be without pay. If a hearing under this paragraph is held, the board must reimburse the teacher for any salary or compensation withheld if the final decision of the board or the arbitrator does not result in a penalty on or suspension, termination, or discharge of the teacher.

 

(b) A board must discharge a continuing-contract teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

Bigham raised a point of order pursuant to rule 3.21 that the Emmer amendment was not in order. Speaker pro tempore Juhnke ruled the point of order not well taken and the Emmer amendment in order.

 

 

The Speaker assumed the Chair.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10416

The question recurred on the Emmer amendment and the roll was called. There were 123 yeas and 4 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Smith

Solberg

Swails

Thao

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Heidgerken

Slocum

Thissen

Walker


 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 2597, A bill for an act relating to education; requiring school boards to seek information from prospective teachers and the Board of Teaching about disciplinary actions against the teachers; amending Minnesota Statutes 2006, section 123B.03, subdivision 2, by adding a subdivision.

 

 

The bill was read for the third time, as amended, and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 1 nay as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10417

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Heidgerken


 

 

The bill was passed, as amended, and its title agreed to.

 

 

S. F. No. 3139 was reported to the House.

 

 

Atkins moved to amend S. F. No. 3139, the first engrossment, as follows:

 

Page 1, line 6, after "uses" insert "or sells"

 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 3139, A bill for an act relating to crime; establishing offense related to interfering with Internet ticket sales; proposing coding for new law in Minnesota Statutes, chapter 609.

 

 

The bill was read for the third time, as amended, and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 119 yeas and 12 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Erhardt

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10418

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Severson

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Anderson, B.

Beard

Buesgens

Drazkowski

Emmer

Erickson

Finstad

Garofalo

Olson

Peppin

Seifert

Shimanski


 

 

The bill was passed, as amended, and its title agreed to.

 

 

S. F. No. 3214, A bill for an act relating to commerce; clarifying the application of the Minnesota Residential Mortgage Originator and Servicer Licensing Act; clarifying the investment authority of certain insurers; amending Minnesota Statutes 2006, sections 58.02, subdivisions 18, 21; 58.14, subdivisions 3, 4, 5; 60A.11, subdivision 9.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

The bill was passed and its title agreed to.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10419

S. F. No. 3154, A bill for an act relating to commerce; regulating residential mortgage originators and services; verifying the borrower's ability to pay; amending Minnesota Statutes 2007 Supplement, section 58.13, subdivision 1.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

The bill was passed and its title agreed to.

 

 

S. F. No. 3342, A bill for an act relating to public safety; providing for an e-charging service; requiring fingerprinting; amending Minnesota Statutes 2006, sections 13.871, by adding a subdivision; 299C.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299C.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 86 yeas and 45 nays as follows:

 

Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10420

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

The bill was passed and its title agreed to.

 

 

S. F. No. 3303 was reported to the House.

 

 

Dean moved to amend S. F. No. 3303, the second engrossment, as follows:

 

Page 2, line 20, after the period, insert "If H. F. 3220 is enacted during the 2008 regular session, the city of Minneapolis must not make gifts or donations to the corporation under the authority of that law."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Dean amendment and the roll was called. There were 51 yeas and 80 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Anzelc

Beard

Benson

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Howes

Knuth

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Ruud

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Atkins

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10421

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kalin

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Buesgens moved to amend S. F. No. 3303, the second engrossment, as follows:

 

Page 2, line 5, after the period, insert "A member of the board of directors of the corporation is a public official for the purposes of Minnesota Statutes, section 10A.09."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Buesgens amendment and the roll was called. There were 59 yeas and 72 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Brod

Brown

Buesgens

Bunn

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dittrich

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Gardner

Garofalo

Gottwalt

Gunther

Hackbarth

Hansen

Haws

Heidgerken

Holberg

Hoppe

Hosch

Howes

Juhnke

Kohls

Lenczewski

Magnus

McFarlane

McNamara

Morgan

Olson

Ozment

Paulsen

Pelowski

Peppin

Poppe

Ruth

Ruud

Scalze

Seifert

Severson

Shimanski

Simpson

Smith

Swails

Tingelstad

Urdahl

Wardlow

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brynaert

Carlson

Clark

Davnie

Dill

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Greiling

Hausman

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Kalin

Knuth

Koenen

Laine

Lanning

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Paymar

Peterson, A.

Peterson, N.

Peterson, S.

Rukavina

Sailer

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher


 

 

The motion did not prevail and the amendment was not adopted.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10422

Zellers moved to amend S. F. No. 3303, the second engrossment, as follows:

 

Page 2, line 20, after the period, insert "The amount of any contributions from the city of Minneapolis from governmental funds shall be an offset against the city's certified aid payment under sections 477A.013, subdivision 9, in the calendar year following the year in which the contribution is made."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Zellers amendment and the roll was called. There were 37 yeas and 94 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Kohls

Magnus

Morgan

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Smith

Wardlow

Wollschlager

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Simpson

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Holberg moved to amend S. F. No. 3303, the second engrossment, as follows:

 

Page 2, line 20, after the period, insert "The maximum value in aggregate of all contributions by the city to the corporation must not exceed $50,000. This section expires June 30, 2010."

 

 

A roll call was requested and properly seconded.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10423

The question was taken on the Holberg amendment and the roll was called. There were 38 yeas and 93 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Kohls

Magnus

Olson

Paulsen

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

The motion did not prevail and the amendment was not adopted.

 

 

Seifert offered an amendment to S. F. No. 3303, the second engrossment.

 

 

POINT OF ORDER

 

Paymar raised a point of order pursuant to rule 3.21 that the Seifert amendment was not in order. The Speaker ruled the point of order well taken and the Seifert amendment out of order.

 

 

Seifert appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10424

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 74 yeas and 56 nays as follows:

 

Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brynaert

Bunn

Carlson

Clark

Davnie

Dominguez

Doty

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Paymar

Peterson, A.

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Winkler

Wollschlager

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Brown

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Hosch

Howes

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olson

Otremba

Ozment

Paulsen

Pelowski

Peppin

Peterson, N.

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Welti

Westrom

Zellers


 

 

So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Emmer moved to amend S. F. No. 3303, the second engrossment, as follows:

 

Page 2, line 32, delete "December"

 

Page 3, line 1, delete "31" and insert "July 1"

 

 

The motion prevailed and the amendment was adopted.

 

 

Seifert offered an amendment to S. F. No. 3303, the second engrossment, as amended.

 

 

POINT OF ORDER

 

Sertich raised a point of order pursuant to rule 3.21 that the Seifert amendment was not in order. The Speaker ruled the point of order well taken and the Seifert amendment out of order.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10425

Seifert appealed the decision of the Speaker.

 

 

A roll call was requested and properly seconded.

 

 

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 72 yeas and 59 nays as follows:

 

Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brynaert

Carlson

Clark

Davnie

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Jaros

Johnson

Juhnke

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Peterson, A.

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Winkler

Wollschlager

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Brown

Buesgens

Bunn

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Hosch

Howes

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Olin

Olson

Otremba

Ozment

Paulsen

Pelowski

Peppin

Peterson, N.

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Swails

Tingelstad

Urdahl

Wardlow

Welti

Westrom

Zellers


 

 

So it was the judgment of the House that the decision of the Speaker should stand.

 

 

S. F. No. 3303, A bill for an act relating to the city of Minneapolis; authorizing the creation of a nonprofit riverfront revitalization corporation; requiring a report.

 

 

The bill was read for the third time, as amended, and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 99 yeas and 33 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Demmer

Dill

Dittrich

Dominguez

Doty


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10426

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Anderson, B.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Dean

DeLaForest

Dettmer

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Heidgerken

Holberg

Hoppe

Kohls

Magnus

Nornes

Olson

Seifert

Severson

Shimanski

Simpson

Smith

Wardlow

Westrom

Zellers


 

 

The bill was passed, as amended, and its title agreed to.

 

 

The Speaker called Juhnke to the Chair.

 

 

Severson was excused for the remainder of today's session.

 

 

S. F. No. 2403, A bill for an act relating to public safety; modifying provision relating to disability of peace officer or firefighter; amending Minnesota Statutes 2006, section 299A.465, subdivision 1.

 

 

The bill was read for the third time and placed upon its final passage.

 

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10427

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

The bill was passed and its title agreed to.

 

 

S. F. No. 2876 was reported to the House.

 

 

Paymar moved to amend S. F. No. 2876, the fourth engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 2906, the third engrossment:

 

"Section 1. Minnesota Statutes 2006, section 347.50, is amended by adding a subdivision to read:

 

Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably expect may cause a dog to attack or bite.

 

Sec. 2. Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read:

 

Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that:

 

(1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property;

 

(2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $50,000 $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000 $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog;

 

(3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and

 

(4) the owner has had microchip identification implanted in the dangerous dog as required under section 347.515.

 

Sec. 3. Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read:

 

Subd. 2a. Warning symbol. If a county an animal control authority issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the county animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10428

property. The design of the warning symbol must be the uniform and specified symbol provided by the commissioner of public safety, after consultation with animal control professionals. The commissioner shall provide the number of copies of the warning symbol requested by each county the animal control authority and shall charge the county animal control authority the actual cost of the warning symbols received. The county animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol.

 

Sec. 4. Minnesota Statutes 2006, section 347.51, subdivision 3, is amended to read:

 

Subd. 3. Fee. The county animal control authority may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section.

 

Sec. 5. Minnesota Statutes 2006, section 347.51, subdivision 7, is amended to read:

 

Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. The commissioner of public safety, after consultation with animal control professionals, shall provide by rule for the design of the tag.

 

Sec. 6. Minnesota Statutes 2006, section 347.51, subdivision 9, is amended to read:

 

Subd. 9. Contracted services. A county An animal control authority may contract with another political subdivision or other person to provide the services required under sections 347.50 to 347.54 347.565. Notwithstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the county animal control authority and all certificates of registration must be issued in the name of the county animal control authority.

 

Sec. 7. Minnesota Statutes 2006, section 347.52, is amended to read:

 

347.52 DANGEROUS DOGS; REQUIREMENTS.

 

(a) An owner of a dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.

 

(b) An owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction.

 

(c) An owner of a dangerous dog must notify the animal control authority in writing of the death of the dog or its transfer to a new jurisdiction location where the dog will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated.

 

(d) An animal control authority may shall require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may shall seize the dog and have the animal it sterilized at the owner's expense.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10429

(e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property.

 

(f) A person who sells transfers ownership of a dangerous dog must notify the purchaser new owner that the animal control authority has identified the dog as dangerous. The seller current owner must also notify the animal control authority in writing of the sale transfer of ownership and provide the animal control authority with the new owner's name, address, and telephone number.

 

Sec. 8. Minnesota Statutes 2006, section 347.53, is amended to read:

 

347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.

 

Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs. Except as provided in section 347.51, subdivision 8, nothing in sections 347.50 to 347.54 347.565 limits any restrictions that the local jurisdictions may place on owners of potentially dangerous or dangerous dogs.

 

Sec. 9. Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:

 

Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediately seize any dangerous dog if:

 

(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered under section 347.51;

 

(2) after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under section 347.51, subdivision 2;

 

(3) the dog is not maintained in the proper enclosure; or

 

(4) the dog is outside the proper enclosure and not under physical restraint of a responsible person as required under section 347.52.; or

 

(5) the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph (d).

 

(b) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog.

 

Sec. 10. Minnesota Statutes 2006, section 347.54, subdivision 3, is amended to read:

 

Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the animal control authority of a fee for the care and boarding of the dog. If the owner is found not guilty and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3, and the owner is liable to the animal control authority for the costs incurred in confining, impounding, and disposing of the dog.


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10430

Sec. 11. [347.541] DISPOSITION OF SEIZED ANIMALS.

 

Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer.

 

Subd. 2. Security. A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within 14 days of the seizure inclusive of the date of the seizure.

 

Subd. 3. Notice. (a) The authority declaring the dog dangerous shall give notice of this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include:

 

(1) a description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept;

 

(2) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this section;

 

(3) a statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of section 347.52, paragraphs (a) and (c), and until such time as the hearing officer issues an opinion;

 

(4) a statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of sections 347.51, 347.515, and 347.52;

 

(5) a form that can be used by the owner of the dog that was seized for requesting a hearing under this subdivision; and

 

(6) a statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law.

 

Subd. 4. Right to hearing. Any hearing must be held within 30 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.

 

Sec. 12. [347.542] RESTRICTIONS.

 

Subdivision 1. Dog ownership prohibited. Except as provided in subdivision 3, no person may own a dog if the person has:

 

(1) been convicted of a third or subsequent violation of section 347.51, 347.515, or 347.52;

 

(2) been convicted of a violation under section 609.205, clause (4);


Journal of the House - 105th Day - Monday, April 21, 2008 - Top of Page 10431

(3) been convicted of a gross misdemeanor under section 609.226, subdivision 1;

 

(4) been convicted of a violation under section 609.226, subdivision 2; or

 

(5) had a dog ordered destroyed under section 347.56 and been convicted of one or more violations of section 347.51, 346.515, 347.52, or 609.226, subdivision 2.

 

Subd. 2. Household members. No member of a household may own a dog where a person resides who is prohibited from dog ownership under subdivision 1.

 

Subd. 3. Dog ownership prohibition review. Beginning three years after a conviction under subdivision 1 that prohibits a person from owning a dog, and annually thereafter, the person may request that the animal control authority review the prohibition. The animal control authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the animal control authority deems appropriate. The animal control authority may rescind the prohibition entirely or rescind it with limitations. The animal control authority also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the animal control authority or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the animal control authority may permanently prohibit the person from owning a dog in this state.

 

Sec. 13. Minnesota Statutes 2006, section 347.55, is amended to read:

 

347.55 PENALTY.

 

(a) Any A person who violates any a provision of section 347.51, 347.515, or 347.52 is guilty of a misdemeanor.

 

(b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a dangerous dog's death or removal from the jurisdiction change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or removal from the jurisdiction change of location where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property.

 

(c) A person who is convicted of a second or subsequent violation of paragraph (a) or (b) is guilty of a gross misdemeanor.

 

(d) An owner who violates section 347.542, subdivision 1, is guilty of a gross misdemeanor.

 

(e) Any household member who knowingly violates section 347.542, subdivision 2, is guilty of a gross misdemeanor.

 

Sec. 14. Minnesota Statutes 2006, section 347.56, is amended to read:

 

347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.

 

Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog that inflicted substantial or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the animal control authority. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. may be destroyed in a proper and humane manner by the animal control authority if the dog:


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(1) inflicted substantial or great bodily harm on a human on public or private property without provocation;

 

(2) inflicted multiple bites on a human on public or private property without provocation;

 

(3) bit multiple human victims on public or private property in the same attack without provocation; or

 

(4) bit a human on public or private property without provocation in an attack where more than one dog participated in the attack.

 

Subd. 2. Hearing. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. The definitions in section 347.50 and the exemptions under section 347.51, subdivision 5, apply to this section.

 

Sec. 15. [347.565] APPLICABILITY.

 

Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies, whether or not these sections have been adopted into local ordinance."

 

Delete the title and insert:

 

"A bill for an act relating to animals; changing provisions regulating dangerous dogs; imposing penalties; amending Minnesota Statutes 2006, sections 347.50, by adding a subdivision; 347.51, subdivisions 2, 2a, 3, 7, 9; 347.52; 347.53; 347.54, subdivisions 1, 3; 347.55; 347.56; proposing coding for new law in Minnesota Statutes, chapter 347."

 

 

The motion prevailed and the amendment was adopted.

 

 

Thao moved to amend S. F. No. 2876, the fourth engrossment, as amended, as follows:

 

Page 2, line 23, before "A" insert "(a)"

 

Page 2, after line 27, insert:

 

"(b) A dangerous dog registered under this section in the seven-county metropolitan area must wear the tag required under paragraph (a), attached to a bright red collar."

 

 

The motion did not prevail and the amendment was not adopted.

 

 

The Speaker resumed the Chair.

 

 

Urdahl was excused for the remainder of today's session.

 

 

S. F. No. 2876, A bill for an act relating to animals; changing provisions regulating dangerous dogs and dogs at certain establishments; imposing penalties; amending Minnesota Statutes 2006, sections 347.50, by adding a subdivision; 347.51, subdivisions 2, 2a, 3, 4, 7, 9; 347.52; 347.53; 347.54, subdivisions 1, 3; 347.55; 347.56; proposing coding for new law in Minnesota Statutes, chapters 157; 347.

 

 

The bill was read for the third time, as amended, and placed upon its final passage.


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The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

The bill was passed, as amended, and its title agreed to.

 

 

Anderson, S., was excused for the remainder of today's session.

 

 

S. F. No. 3166 was reported to the House.

 

 

Walker moved to amend S. F. No. 3166, the third engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 3564, the second engrossment:

 

"Section 1. Minnesota Statutes 2007 Supplement, section 245C.14, subdivision 1, is amended to read:

 

Subdivision 1. Disqualification from direct contact. (a) The commissioner shall disqualify an individual who is the subject of a background study from any position allowing direct contact with persons receiving services from the license holder or entity identified in section 245C.03, upon receipt of information showing, or when a background study completed under this chapter shows any of the following:

 

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section 245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor, or misdemeanor level crime;


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(2) a preponderance of the clear and convincing evidence indicates the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, regardless of whether the preponderance of the clear and convincing evidence is for a felony, gross misdemeanor, or misdemeanor level crime; or

 

(3) an investigation results in an administrative determination listed under section 245C.15, subdivision 4, paragraph (b).

 

(b) No individual who is disqualified following a background study under section 245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with persons served by a program or entity identified in section 245C.03, unless the commissioner has provided written notice under section 245C.17 stating that:

 

(1) the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;

 

(2) the commissioner has set aside the individual's disqualification for that program or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

 

(3) the license holder has been granted a variance for the disqualified individual under section 245C.30.

 

Sec. 2. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 2, is amended to read:

 

Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level conviction involving alcohol or drug use.

 

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.


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(c) For foster care and family child care an individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's voluntary termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 260C.301, subdivision 3.

 

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a).

 

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified but the disqualification look-back period for the offense is the period applicable to the gross misdemeanor or misdemeanor disposition.

 

(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of clear and convincing evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

 

Sec. 3. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 3, is amended to read:

 

Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a gross misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful materials; dissemination and display to minors prohibited); or violation of an order for protection under section 518B.01, subdivision 14.

 

(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

 

(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).


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(d) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the offense is the period applicable to misdemeanors.

 

(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of clear and convincing evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

 

Sec. 4. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 4, is amended to read:

 

Subd. 4. Seven-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation of an order for protection under 609.3232 (protective order authorized; procedures; penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination and display to minors prohibited); or violation of an order for protection under section 518B.01 (Domestic Abuse Act).

 

(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:

 

(1) failure to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

 

(2) substantiated serious or recurring maltreatment of a minor under section 626.556, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

 

(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.

 

(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).


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(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of clear and convincing evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

 

(f) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual was disqualified under section 256.98, subdivision 8.

 

Sec. 5. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:

 

Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in paragraph paragraphs (b) and (c), the commissioner may not set aside the disqualification of any individual disqualified pursuant to this chapter, regardless of how much time has passed, if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

 

(b) For An individual in the chemical dependency field who was:

 

(1) disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and;

 

(2) whose disqualification was set aside prior to July 1, 2005, the commissioner must consider granting; and

 

(3) was granted a variance pursuant to section 245C.30 for the license holder for a program dealing primarily with adults. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the license holder that was subject to the prior set-aside decision addressing the individual's quality of care to children or vulnerable adults and the circumstances of the individual's departure from that service under this section prior to August 1, 2008, is eligible to request a set-aside under paragraph (c).

 

(c) For any individual who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005, the commissioner must consider granting a set-aside pursuant to section 245C.22. An employer who hires any individual who provides in-home services shall monitor service provision with the client by telephone at least quarterly.

 

(d) For an individual who was disqualified for an offense under section 609.66, subdivision 1e, that was committed when the individual was a minor, and more than seven years has passed since the incident, during which time the individual has attended and graduated from college, the commissioner may consider setting aside the disqualification for a children's residential facility licensed by the Department of Corrections.

 

EFFECTIVE DATE. This section is effective August 1, 2008.

 

Sec. 6. Minnesota Statutes 2007 Supplement, section 245C.24, subdivision 3, is amended to read:

 

Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may not set aside the disqualification of an individual in connection with a license to provide family child care for children, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home if: (1) less than ten years has passed since the discharge of the sentence imposed, if any, for the offense; or (2) when disqualified based on a preponderance of clear and convincing evidence determination under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed since the individual committed the act or admitted to committing the act, whichever is later; and (3) the individual has committed a violation of any of the following offenses: sections 609.165 (felon


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ineligible to possess firearm); criminal vehicular homicide under 609.21 (criminal vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022 (controlled substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn child in the commission of a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material to minors); a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess firearms).

 

(b) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses is defined in Minnesota Statutes.

 

(c) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).

 

Sec. 7. Minnesota Statutes 2007 Supplement, section 245C.27, subdivision 1, is amended to read:

 

Subdivision 1. Fair hearing when disqualification is not set aside. (a) If the commissioner does not set aside a disqualification of an individual under section 245C.22 who is disqualified on the basis of a preponderance of clear and convincing evidence that the individual committed an act or acts that meet the definition of any of the crimes listed in section 245C.15; for a determination under section 626.556 or 626.557 of substantiated maltreatment that was serious or recurring under section 245C.15; or for failure to make required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request a fair hearing under section 256.045, unless the disqualification is deemed conclusive under section 245C.29.

 

(b) The fair hearing is the only administrative appeal of the final agency determination for purposes of appeal by the disqualified individual. The disqualified individual does not have the right to challenge the accuracy and completeness of data under section 13.04.

 

(c) Except as provided under paragraph (e), if the individual was disqualified based on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8, the reconsideration decision under section 245C.22 is the final agency determination for purposes of appeal by the disqualified individual and is not subject to a hearing under section 256.045. If the individual was disqualified based on a judicial determination, that determination is treated the same as a conviction for purposes of appeal.


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(d) This subdivision does not apply to a public employee's appeal of a disqualification under section 245C.28, subdivision 3.

 

(e) Notwithstanding paragraph (c), if the commissioner does not set aside a disqualification of an individual who was disqualified based on both a preponderance of clear and convincing evidence and a conviction or admission, the individual may request a fair hearing under section 256.045, unless the disqualifications are deemed conclusive under section 245C.29. The scope of the hearing conducted under section 256.045 with regard to the disqualification based on a conviction or admission shall be limited solely to whether the individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration decision under section 245C.22 is not the final agency decision for purposes of appeal by the disqualified individual.

 

Sec. 8. Minnesota Statutes 2006, section 245C.29, subdivision 2, is amended to read:

 

Subd. 2. Conclusive disqualification determination. (a) Unless otherwise specified in statute, a determination that:

 

(1) the information the commissioner relied upon to disqualify an individual under section 245C.14 was correct based on serious or recurring maltreatment;

 

(2) a preponderance of the clear and convincing evidence shows that the individual committed an act or acts that meet the definition of any of the crimes listed in section 245C.15; or

 

(3) the individual failed to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, is conclusive if:

 

(i) the commissioner has issued a final order in an appeal of that determination under section 245A.08, subdivision 5, or 256.045, or a court has issued a final decision;

 

(ii) the individual did not request reconsideration of the disqualification under section 245C.21; or

 

(iii) the individual did not request a hearing on the disqualification under section 256.045 or chapter 14.

 

(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based on the disqualification of an individual in connection with a license to provide family child care, foster care for children in the provider's own home, or foster care services for adults in the provider's own home, that disqualification shall be conclusive for purposes of the licensing action if a request for reconsideration was not submitted within 30 calendar days of the individual's receipt of the notice of disqualification.

 

(c) If a determination that the information relied upon to disqualify an individual was correct and is conclusive under this section, and the individual is subsequently disqualified under section 245C.15, the individual has a right to request reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding the risk of harm shall be made according to section 245C.22 and are not subject to another hearing under section 256.045 or chapter 14.

 

Sec. 9. Minnesota Statutes 2006, section 256.045, subdivision 3, is amended to read:

 

Subd. 3. State agency hearings. (a) State agency hearings are available for the following: (1) any person applying for, receiving or having received public assistance, medical care, or a program of social services granted by the state agency or a county agency or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an order of the commissioner under section 252.27;


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(3) a party aggrieved by a ruling of a prepaid health plan; (4) except as provided under chapter 245C, any individual or facility determined by a lead agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557; (5) any person whose claim for foster care payment according to a placement of the child resulting from a child protection assessment under section 626.556 is denied or not acted upon with reasonable promptness, regardless of funding source; (6) any person to whom a right of appeal according to this section is given by other provision of law; (7) an applicant aggrieved by an adverse decision to an application for a hardship waiver under section 256B.15; (8) an applicant aggrieved by an adverse decision to an application or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a; (9) except as provided under chapter 245A, an individual or facility determined to have maltreated a minor under section 626.556, after the individual or facility has exercised the right to administrative reconsideration under section 626.556; or (10) except as provided under chapter 245C, an individual disqualified under sections 245C.14 and 245C.15, on the basis of serious or recurring maltreatment; a preponderance of the clear and convincing evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4) or (9) and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment, which has not been set aside under sections 245C.22 and 245C.23, shall be consolidated into a single fair hearing. In such cases, the scope of review by the human services referee shall include both the maltreatment determination and the disqualification. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment. Individuals and organizations specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause why the request was not submitted within the 30-day time limit.

 

The hearing for an individual or facility under clause (4), (9), or (10) is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04. Hearings requested under clause (4) apply only to incidents of maltreatment that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested case proceeding under the provisions of chapter 14. Hearings requested under clause (9) apply only to incidents of maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility under clause (9) is only available when there is no juvenile court or adult criminal action pending. If such action is filed in either court while an administrative review is pending, the administrative review must be suspended until the judicial actions are completed. If the juvenile court action or criminal charge is dismissed or the criminal action overturned, the matter may be considered in an administrative hearing.

 

For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.

 

The scope of hearings involving claims to foster care payments under clause (5) shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision.

 

(b) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.

 

(c) An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law.


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(d) The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law.

 

Sec. 10. Minnesota Statutes 2006, section 256.045, subdivision 3b, is amended to read:

 

Subd. 3b. Standard of evidence for maltreatment and disqualification hearings. (a) The state human services referee shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under sections 626.556 and 626.557. For purposes of hearings regarding disqualification, the state human services referee shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

 

(1) a preponderance of the evidence shows the individual has committed maltreatment under section 626.556 or 626.557, which is serious or recurring;

 

(2) clear and convincing evidence shows the individual has committed an act or acts meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or

 

(3) a preponderance of the evidence shows the individual has failed to make required reports under section 626.556 or 626.557, for incidents in which the final disposition under section 626.556 or 626.557 was substantiated maltreatment that was serious or recurring.

 

(b) If the disqualification is affirmed, the state human services referee shall determine whether the individual poses a risk of harm in accordance with the requirements of section 245C.16, and whether the disqualification should be set aside or not set aside. In determining whether the disqualification should be set aside, the human services referee shall consider all of the characteristics that cause the individual to be disqualified, including those characteristics that were not subject to review under paragraph (a), in order to determine whether the individual poses a risk of harm. A decision to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside. If a determination that the information relied upon to disqualify an individual was correct and is conclusive under section 245C.29, and the individual is subsequently disqualified under section 245C.14, the individual has a right to again request reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding risk of harm are not subject to another hearing under this section.

 

(c) The state human services referee shall recommend an order to the commissioner of health, education, or human services, as applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's determination as to maltreatment is conclusive, as provided under section 245C.29.

 

Sec. 11. Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read:

 

Subdivision 1. Policy and purpose. The policy of the state of Minnesota and the purpose of sections 259.20 to 259.69 is to ensure:

 

(1) that the best interests of children adopted persons are met in the planning and granting of adoptions; and

 

(2) that laws and practices governing adoption recognize the diversity of Minnesota's population and the diverse needs of persons affected by adoption.


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Sec. 12. Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision to read:

 

Subd. 2a. Adult adoption. "Adult adoption" means the adoption of a person at least 18 years of age.

 

Sec. 13. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:

 

Subd. 2. Children Persons who may be adopted. No petition for adoption shall be filed unless the child person sought to be adopted has been placed by the commissioner of human services, the commissioner's agent, or a licensed child-placing agency. The provisions of this subdivision shall not apply if

 

(a) the child person to be adopted is over 14 years of age;

 

(b) the child is sought to be adopted by an individual who is related to the child, as defined by section 245A.02, subdivision 13;

 

(c) the child has been lawfully placed under the laws of another state while the child and petitioner resided in that other state;

 

(d) the court waives the requirement of this subdivision in the best interests of the child or petitioners, provided that the adoption does not involve a placement as defined in section 259.21, subdivision 8; or

 

(e) the child has been lawfully placed under section 259.47.

 

Sec. 14. Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read:

 

Subd. 2. Contents of petition. The petition shall be signed by the petitioner and, if married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:

 

(a) The full name, age and place of residence of petitioner, and if married, the date and place of marriage;

 

(b) The date petitioner acquired physical custody of the child and from what person or agency;

 

(c) The date of birth of the child person to be adopted, if known, and the state and county where born;

 

(d) The name of the child's parents, if known, and the guardian if there be one;

 

(e) The actual name of the child person to be adopted, if known, and any known aliases;

 

(f) The name to be given the child person to be adopted if a change of name is desired;

 

(g) The description and value of any real or personal property owned by the child person to be adopted;

 

(h) That the petitioner desires that the relationship of parent and child be established between petitioner and the child, and that it is to the person to be adopted and that adoption is in the best interests of the child for the child person to be adopted by the petitioner.

 

In agency placements, the information required in clauses (d) and (e) shall not be required to be alleged in the petition but shall be transmitted to the court by the commissioner of human services or the agency.


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Sec. 15. [259.241] ADULT ADOPTION.

 

(a) Any adult person may be adopted, regardless of his or her residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption proceedings to adopt an individual who has reached the age of 18 years or older.

 

(b) The consent of the person to be adopted shall be the only consent necessary, according to section 259.24. The consent of an adult in his or her own adoption is invalid if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or if the person consenting to the adoption is determined not competent to give consent.

 

(c) The decree of adoption establishes a parent-child relationship between the adopting parent or parents and the person adopted, including the right to inherit, and also terminates the parental rights and sibling relationship between the adopted person and the adopted person's birth parents and siblings according to section 259.59.

 

(d) If the adopted person requests a change of name, the adoption decree shall order the name change.

 

Sec. 16. Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is amended to read:

 

Subdivision 1. Study required before placement; certain relatives excepted. (a) An approved adoption study; completed background study, as required under section 245C.33; and written report must be completed before the child is placed in a prospective adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. In an agency placement, the report must be filed with the court at the time the adoption petition is filed. In a direct adoptive placement, the report must be filed with the court in support of a motion for temporary preadoptive custody under section 259.47, subdivision 3, or, if the study and report are complete, in support of an emergency order under section 259.47, subdivision 6. The study and report shall be completed by a licensed child-placing agency and must be thorough and comprehensive. The study and report shall be paid for by the prospective adoptive parent, except as otherwise required under section 256.01, subdivision 2, paragraph (h), 259.67, or 259.73.

 

(b) A placement for adoption with an individual who is related to the child, as defined by section 245A.02, subdivision 13, is not subject to this section except as the background study required by sections 245C.33 and 259.53, subdivision 2, paragraph (c). by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the case of a stepparent adoption, a background study must be completed on the stepparent and any children as required under subdivision 3, paragraph (b), except that a child of the stepparent does not need to have a background study complete if they are a sibling through birth or adoption of the person being adopted. The local social services agency of the county in which the prospective adoptive parent lives must initiate a background study unless a child-placing agency has been involved with the adoption. The local social service agency may charge a reasonable fee for the background study. If a placement is being made the background study must be completed prior to placement pursuant to section 259.29, subdivision 1, paragraph (c). Background study results must be filed with the adoption petition according to section 259.22, except in an adult adoption where an adoption study and background study are not needed.

 

(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster parent's care, any portions of the foster care licensing process that duplicate requirements of the home study may be submitted in satisfaction of the relevant requirements of this section.


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Sec. 17. Minnesota Statutes 2006, section 259.43, is amended to read:

 

259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.

 

In any adoption under this chapter, except a stepparent or an adult adoption under section 259.241, a birth parent or an agency, if an agency placement, shall provide a prospective adoptive parent with a complete, thorough, detailed, and current social and medical history of the birth families child being adopted, if information is known after reasonable inquiry. Each birth family child social and medical history must be provided on a form or forms prepared by the commissioner and must include background and health history specific to the child, the child's birth parents, and the child's other birth relatives. Applicable background and health information about the child includes: the child's current health condition, behavior, and demeanor; placement history; education history; sibling information; and birth, medical, dental, and immunization information. Redacted copies of pertinent records, assessments, and evaluations shall be attached to the child's social and medical history. Applicable background information about the child's birth parents and other birth relatives includes: general background information; education and employment history; physical health and mental health history; and reasons for the child's placement. The child's social and medical history shall be completed in a manner so that the completed form protects the identities of all individuals described in it. The commissioner shall make the form available to agencies and court administrators for public distribution. The birth family child's social and medical history must be provided to the prospective adoptive family prior to adoptive placement, provided to the Department of Human Services with application for adoption assistance, if applicable, and filed with the court when the adoption petition is filed, or,. In a direct adoptive placement, the child's social and medical history must be filed with the court with the motion for temporary preadoptive custody.

 

Sec. 18. Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read:

 

Subd. 2. Requirement to search registry before adoption petition can be granted; proof of search. No petition for adoption may be granted unless the agency supervising the adoptive placement, the birth mother of the child, or, in the case of a stepparent or relative adoption, the county agency responsible for the report required under section 259.53, subdivision 1, requests that the commissioner of health search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of an adoption petition. The search required by this subdivision must be conducted no sooner than 31 days following the birth of the child. A search of the registry may be proven by the production of a certified copy of the registration form or by a certified statement of the commissioner of health that after a search no registration of a putative father in relation to a child who is or may be the subject of an adoption petition could be located. The filing of a certified copy of an order from a juvenile protection matter under chapter 260C containing a finding that certification of the requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in that matter shall also constitute proof of search. Certification that the fathers' adoption registry has been searched must be filed with the court prior to entry of any final order of adoption. In addition to the search required by this subdivision, the agency supervising the adoptive placement, the birth mother of the child, or, in the case of a stepparent or relative adoption, the county social services agency responsible for the report under section 259.53, subdivision 1, or the responsible social services agency that is a petitioner in a juvenile protection matter under chapter 260C may request that the commissioner of health search the registry at any time.

 

Sec. 19. Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read:

 

Subd. 3. Reports and records. (a) The contents of all reports and records of the commissioner of human services, local social services agency, or child-placing agency bearing on the suitability of the proposed adoptive home and the child to each other shall not be disclosed either directly or indirectly to any person other than the commissioner of human services, the child's guardian ad litem appointed under: (1) section 260C.163 when the guardian's appointment continues under section 260C.317, subdivision 3, paragraph (b); or (2) section 259.65 or a judge of the court having jurisdiction of the matter, except as provided in paragraph (b).


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(b) A judge of the court having jurisdiction of the matter shall upon request disclose to a party to the proceedings or the party's counsel any portion of a report or record that relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge may withhold the identity of individuals providing information in the report or record. When the judge is considering whether to disclose the identity of individuals providing information, the agency with custody of the report or record shall be permitted to present reasons for or against disclosure.

 

Sec. 20. Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is amended to read:

 

Subdivision 1. Findings; orders. Upon the hearing,

 

(a) if the court finds that it is in the best interests of the child person to be adopted that the petition be granted, a decree of adoption shall be made and recorded in the office of the court administrator, ordering that henceforth the child person to be adopted shall be the child of the petitioner. In the decree the court may change the name of the child adopted person if desired. After the decree is granted for a child an adopted person who is:

 

(1) under the guardianship of the commissioner or a licensed child-placing agency according to section 260C.201, subdivision 11, or 260C.317;

 

(2) placed by the commissioner, commissioner's agent, or licensed child-placing agency after a consent to adopt according to section 259.24 or under an agreement conferring authority to place for adoption according to section 259.25; or

 

(3) adopted after a direct adoptive placement ordered by the district court under section 259.47,

 

the court administrator shall immediately mail a copy of the recorded decree to the commissioner of human services;

 

(b) if the court is not satisfied that the proposed adoption is in the best interests of the child person to be adopted, the court shall deny the petition, and in the case of a child shall order the child returned to the custody of the person or agency legally vested with permanent custody or certify the case for appropriate action and disposition to the court having jurisdiction to determine the custody and guardianship of the child.

 

Sec. 21. Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read:

 

Subdivision 1. Legal effect. Upon adoption, the child adopted person shall become the legal child of the adopting persons and they shall become the legal parents of the child with all the rights and duties between them of birth parents and legitimate child. By virtue of the adoption the child adopted person shall inherit from the adoptive parents or their relatives the same as though the child adopted person were the natural child of the parents, and in case of the child's adopted person's death intestate the adoptive parents and their relatives shall inherit the child's adopted person's estate as if they the adopted person had been the child's birth parents and relatives. After a decree of adoption is entered the birth parents of an adopted child person shall be relieved of all parental responsibilities for the child adopted person, and they shall not exercise or have any rights over the adopted child person or the child's adopted person's property. The child adopted person shall not owe the birth parents or their relatives any legal duty nor shall the child adopted person inherit from the birth parents or kindred, except as provided in subdivision 1a and section 257C.08, subdivision 6.

 

Sec. 22. Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read:

 

Subd. 2. Enrollment in American Indian tribe. Notwithstanding the provisions of subdivision 1, the adoption of a child person whose birth parent or parents are enrolled in an American Indian tribe shall not change the child's person's enrollment in that tribe.


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Sec. 23. Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read:

 

Subd. 2. Adoption assistance agreement. The placing agency shall certify a child as eligible for adoption assistance according to rules promulgated by the commissioner. The placing agency shall not certify a child who remains under the jurisdiction of the sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance when Minnesota is the receiving state. Not later than 30 days after a parent or parents are found and approved for adoptive placement of a child certified as eligible for adoption assistance, and before the final decree of adoption is issued, a written agreement must be entered into by the commissioner, the adoptive parent or parents, and the placing agency. The written agreement must be fully completed by the placing agency and in the form prescribed by the commissioner and must set forth the responsibilities of all parties, the anticipated duration of the adoption assistance payments, and the payment terms. The adoption assistance agreement shall be subject to the commissioner's approval, which must be granted or denied not later than 15 days after the agreement is entered.

 

The amount of adoption assistance is subject to the availability of state and federal funds and shall be determined through agreement with the adoptive parents. The agreement shall take into consideration the circumstances of the adopting parent or parents, the needs of the child being adopted and may provide ongoing monthly assistance, supplemental maintenance expenses related to the adopted person's child's special needs, nonmedical expenses periodically necessary for purchase of services, items, or equipment related to the special needs, and medical expenses. The placing agency or the adoptive parent or parents shall provide written documentation to support the need for adoption assistance payments. The commissioner may require periodic reevaluation of adoption assistance payments. The amount of ongoing monthly adoption assistance granted may in no case exceed that which would be allowable for the child under foster family care and is subject to the availability of state and federal funds.

 

Sec. 24. Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read:

 

Subd. 3. Annual affidavit Modification or termination of the adoption assistance agreement. When adoption assistance agreements are for more than one year, the adoptive parents or guardian or conservator shall annually present an affidavit stating whether the adopted person remains under their care and whether the need for adoption assistance continues to exist. The commissioner may verify the affidavit. The adoption assistance agreement shall continue in accordance with its terms as long as the need for adoption assistance continues and the adopted person child is the legal or financial dependent of the adoptive parent or parents or guardian or conservator and is under 18 years of age. The adoption assistance agreement may be extended to age 22 as allowed by rules adopted by the commissioner. Termination or modification of the adoption assistance agreement may be requested by the adoptive parents or subsequent guardian or conservator at any time. When the commissioner determines that a child is eligible for adoption assistance under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 679a, the commissioner shall modify the adoption assistance agreement in order to obtain the funds under that act.

 

Sec. 25. Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision to read:

 

Subd. 3a. Recovery of overpayments. An amount of adoption assistance paid to an adoptive parent in excess of the payment due is recoverable by the commissioner, even when the overpayment was caused by agency error or circumstances outside the responsibility and control of the family or provider. Adoption assistance amounts covered by this subdivision include basic maintenance needs payments, monthly supplemental maintenance needs payments, reimbursement of nonrecurring adoption expenses, reimbursement of special nonmedical costs, and reimbursement of medical costs.

 

Sec. 26. Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is amended to read:

 

Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC requirements as specified in federal law as of July 16, 1996, when determining the child's eligibility for adoption assistance under title IV-E of the Social Security Act. If the child does not qualify, the placing agency shall certify a child as eligible for state funded adoption assistance only if the following criteria are met:


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(1) Due to the child's characteristics or circumstances it would be difficult to provide the child an adoptive home without adoption assistance.

 

(2)(i) A placement agency has made reasonable efforts to place the child for adoption without adoption assistance, but has been unsuccessful; or

 

(ii) the child's licensed foster parents desire to adopt the child and it is determined by the placing agency that the adoption is in the best interest of the child; or

 

(iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to adopt the child, and it is determined by the placing agency that the adoption is in the best interest of the child.

 

(3)(i) The child has been is a ward of the commissioner, a Minnesota-licensed child-placing agency, or a tribal social service agency of Minnesota recognized by the Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a termination of parental rights or relinquishment, provided that the tribe has documented the valid reason why the child cannot or should not be returned to the home of the child's parent. The placing agency shall not certify a child who remains under the jurisdiction of the sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance when Minnesota is the receiving state. A child who is adopted by the child's legal custodian or guardian shall not be eligible for state-funded adoption assistance.

 

(b) For purposes of this subdivision, The characteristics or circumstances that may be considered in determining whether a child is a child with special needs under United States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a), clause (1), or section 473(c)(2)(A) of the Social Security Act, are the following:

 

(1) The child is a member of a sibling group to be placed as one unit in which at least one sibling is older than 15 months of age or is described in clause (2) or (3).

 

(2) The child has documented physical, mental, emotional, or behavioral disabilities.

 

(3) The child has a high risk of developing physical, mental, emotional, or behavioral disabilities.

 

(4) The child is five years of age or older.

 

(c) When a child's eligibility for adoption assistance is based upon the high risk of developing physical, mental, emotional, or behavioral disabilities, payments shall not be made under the adoption assistance agreement unless and until the potential disability manifests itself as documented by an appropriate health care professional.

 

Sec. 27. Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read:

 

Subd. 5. Withdrawal of registration. A child's registration shall be withdrawn when the exchange service has been notified in writing by the local social service agency and or the licensed child-placing agency that the child has been adopted, has become 14 years old and will not consent to an adoption plan, placed in an adoptive home or has died.

 

Sec. 28. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:

 

Subdivision 1. Request. An adopted person who is 19 years of age or over may request the commissioner of health to disclose the information on the adopted person's original birth record. The commissioner of health shall, within five days of receipt of the request, notify the commissioner of human services agent or licensed child-placing agency when known or the commissioner of human services when the agency is not known in writing of the request by the adopted person.


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Sec. 29. Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read:

 

Subd. 2. Search. Within six months after receiving notice of the request of the adopted person, the commissioner of human services services' agent or a licensed child-placing agency shall make complete and reasonable efforts to notify each parent identified on the original birth record of the adopted person. The commissioner, the commissioner's agents, and licensed child-placing agencies may charge a reasonable fee to the adopted person for the cost of making a search pursuant to this subdivision. Every licensed child-placing agency in the state shall cooperate with the commissioner of human services in efforts to notify an identified parent. All communications under this subdivision are confidential pursuant to section 13.02, subdivision 3.

 

For purposes of this subdivision, "notify" means a personal and confidential contact with the birth parents named on the original birth record of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the licensed child-placing agency which processed the pertinent adoption or some other licensed child-placing agency designated by the commissioner of human services when it is determined to be reasonable by the commissioner; otherwise contact shall be by mail or telephone. The contact shall be evidenced by filing with the commissioner of health an affidavit of notification executed by the person who notified each parent certifying that each parent was given the following information:

 

(a) (1) the nature of the information requested by the adopted person;

 

(b) (2) the date of the request of the adopted person;

 

(c) (3) the right of the parent to file, within 30 days of receipt of the notice, an affidavit with the commissioner of health stating that the information on the original birth record should not be disclosed;

 

(d) (4) the right of the parent to file a consent to disclosure with the commissioner of health at any time; and

 

(e) (5) the effect of a failure of the parent to file either a consent to disclosure or an affidavit stating that the information on the original birth record should not be disclosed.

 

Sec. 30. Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read:

 

Subd. 4. Release of information after notice. If, within six months, the commissioner of human services certifies services' agent or licensed child-placing agency document to the commissioner of health notification of each parent identified on the original birth record pursuant to subdivision 2, the commissioner of health shall disclose the information requested by the adopted person 31 days after the date of the latest notice to either parent. This disclosure will occur if, at any time during the 31 days both of the parents identified on the original birth record have filed a consent to disclosure with the commissioner of health and neither consent to disclosure has been revoked by the subsequent filing by a parent of an affidavit stating that the information should not be disclosed. If only one parent has filed a consent to disclosure and the consent has not been revoked, the commissioner of health shall disclose, to the adopted person, original birth record information on the consenting parent only.

 

Sec. 31. Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision to read:

 

Subd. 7. Adult adoptions. Notwithstanding section 144.218, a person adopted as an adult shall be permitted to access the person's birth records that existed prior to the adult adoption. Access to the existing birth records shall be the same access that was permitted prior to the adult adoption.


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Sec. 32. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN.

 

ARTICLE I. PURPOSE

 

The purpose of this Interstate Compact for the Placement of Children is to:

 

A. Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.

 

B. Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.

 

C. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.

 

D. Provide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.

 

E. Provide for uniform data collection and information sharing between member states under this compact.

 

F. Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.

 

G. Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.

 

H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.

 

ARTICLE II. DEFINITIONS

 

As used in this compact,

 

A. "Approved placement" means the public child-placing agency in the receiving state has determined that the placement is both safe and suitable for the child.

 

B. "Assessment" means an evaluation of a prospective placement by a public child-placing agency to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child-placing agency.

 

C. "Child" means an individual who has not attained the age of eighteen (18).

 

D. "Certification" means to attest, declare or sworn to before a judge or notary public.

 

E. "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate Commission.


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F. "Home Study" means an evaluation of a home environment conducted according to the applicable requirements of the State in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child according to the laws and requirements of the state in which the home is located.

 

G. "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC 1602(c).

 

H. "Interstate Commission for the Placement of Children" means the commission that is created under Article VIII of this compact and which is generally referred to as the Interstate Commission.

 

I. "Jurisdiction" means the power and authority of a court to hear and decide matters.

 

J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with according to applicable law.

 

K. "Member state" means a state that has enacted this compact.

 

L. "Non-custodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.

 

M. "Non-member state" means a state which has not enacted this compact.

 

N. "Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state including, but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.

 

O. "Placement" means the act by a public or private child-placing agency intended to arrange for the care or custody of a child in another state.

 

P. "Private child-placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.

 

Q. "Provisional placement" means a determination made by the public child-placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of an assessment and the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

 

R. "Public child-placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.


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S. "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.

 

T. "Relative" means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state.

 

U. "Residential Facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals or other medical facilities.

 

V. "Rule" means a written directive, mandate, standard or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets or prescribes a policy or provision of the compact. "Rule" has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.

 

W. "Sending state" means the state from which the placement of a child is initiated.

 

X. "Service member's permanent duty station" means the military installation where an active duty Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

 

Y. "Service member's state of legal residence" means the state in which the active duty Armed Services member is considered a resident for tax and voting purposes.

 

Z. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States.

 

AA. "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained the age of eighteen (18).

 

BB. "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.

 

ARTICLE III. APPLICABILITY

 

A. Except as otherwise provided in Article III, Section B, this compact shall apply to:

 

1. The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, provided, the placement is not intended to effectuate an adoption.

 

2. The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.

 

3. The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:


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a. the child is being placed in a residential facility in another member state and is not covered under another compact; or

 

b. the child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.

 

4. The interstate placement of any child by a public child-placing agency or private child-placing agency as defined in this compact as a preliminary step to a possible adoption.

 

B. The provisions of this compact shall not apply to:

 

1. The interstate placement of a child with a non-relative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.

 

2. The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.

 

3. The placement of a child, not subject to Article III, Section A, into a residential facility by his parent.

 

4. The placement of a child with a non-custodial parent provided that:

 

a. The non-custodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; and

 

b. The court in the sending state makes a written finding that placement with the non-custodial parent is in the best interests of the child; and

 

c. The court in the sending state dismisses its jurisdiction over the child's case.

 

5. A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.

 

6. Cases in which a U.S. citizen child living overseas with his family, at least one of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and placed in a state.

 

7. The sending of a child by a public child-placing agency or a private child-placing agency for a visit as defined by the rules of the Interstate Commission.

 

C. For purposes of determining the applicability of this compact to the placement of a child with a family in the Armed Services, the public child-placing agency or private child-placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.

 

D. Nothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.


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ARTICLE IV. JURISDICTION

 

A. Except as provided in Article IV, Section G, concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.

 

B. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

 

C. In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:

 

1. The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child-placing agency in the receiving state; or

 

2. The child is adopted;

 

3. The child reaches the age of majority under the laws of the sending state; or

 

4. The child achieves legal independence pursuant to the laws of the sending state; or

 

5. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; or

 

6. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or

 

7. The public child-placing agency of the sending state requests termination and has obtained the concurrence of the public child-placing agency in the receiving the state.

 

D. When a sending state court terminates its jurisdiction, the receiving state child-placing agency shall be notified.

 

E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.

 

F. Nothing in this article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.

 

G. The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:

 

1. when the child is a ward of another court that established jurisdiction over the child prior to the placement;

 

2. when the child is in the legal custody of a public agency in the sending state; or

 

3. when the court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.


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ARTICLE V. PLACEMENT EVALUATION

 

A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child-placing agency shall provide a written request for assessment to the receiving state.

 

B. For placements by a private child-placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content to accompany a request for approval of a placement in both the sending and receiving state public child-placing agency. The required content for a request for provisional approval shall include all of the following:

 

1. A request for approval identifying the child, birth parents, the prospective adoptive parents, and the supervising agency, signed by the person requesting approval; and

 

2. The appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state, or where permitted by the laws of the state where the adoption will be finalized; and

 

3. Certification by a licensed attorney or other authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state, or where permitted the laws of the state where finalization of the adoption will occur; and

 

4. A home study; and

 

5. An acknowledgment of legal risk signed by the prospective adoptive parents.

 

C. The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received, and reviewed by the public child-placing agency in both the sending state and the receiving state.

 

D. Approval from the public child-placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.

 

E. The procedures for making, and the request for an assessment, shall contain all information and be in such form as provided for in the rules of the Interstate Commission.

 

F. Upon receipt of a request from the public child-placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child-placing agency of the sending state may request a determination for a provisional placement.

 

G. The public child-placing agency in the receiving state may request from the public child-placing agency or the private child-placing agency in the sending state, and shall be entitled to receive supporting or additional information necessary to complete the assessment.

 

ARTICLE VI. PLACEMENT AUTHORITY

 

A. Except as otherwise provided in this compact, no child subject to this compact shall be placed into a receiving state until approval for such placement is obtained.


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B. If the public child-placing agency in the receiving state does not approve the proposed placement then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.

 

C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.

 

1. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures.

 

2. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided however that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.

 

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

 

A. For the interstate placement of a child made by a public child-placing agency or state court:

 

1. The public child-placing agency in the sending state shall have financial responsibility for: