Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13079


 

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2010

 

_____________________

 

ONE HUNDRED SIXTH DAY

 

Saint Paul, Minnesota, Saturday, May 15, 2010

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by the Reverend Dennis J. Johnson, House Chaplain.

 

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

 

      The roll was called and the following members were present:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Abeler was excused.

 

      Garofalo was excused until 8:30 p.m.  Demmer was excused until 2:30 a.m.  Davids was excused until 3:15 a.m.

 

      The Speaker called Thissen to the Chair.

 

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


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      Sertich moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Juhnke.

 

 

      Zellers was excused between the hours of 2:30 p.m. and 3:55 p.m.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 13, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

      I have vetoed and am returning Chapter No. 341, H. F. No. 2634, a bill extending current groundwater usage restrictions in the Mt. Simon-Hinckley aquifer.

 

      The enhanced water use restrictions in this bill are a significant obstacle to business expansion within the area served by the aquifer and are unnecessary given the current regulatory scheme, which is sufficient.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Pawlenty

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 13, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

      I have vetoed and am returning Chapter No. 360, H. F. No. 2614.  This bill was presented to me in the absence of a global budget agreement or even good faith negotiations with my Administration.


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      On May 4, I sent a letter to Senator Berglin and Representative Huntley highlighting several serious concerns regarding new spending financed by higher surcharges.  The surcharges on hospitals, insurance companies, and group homes will increase health care costs at a time when we should be focused on lowering health care costs.  I will not sign a bill that moves in that misguided direction.

 

      Moreover, the minimal deficit reduction targets found in this bill may not be sufficient to help address the FY 2010-11 deficit or make any meaningful progress on the FY 2012-13 shortfall.

 

      Fortunately, after the May 4 letter was sent, the negotiated, bipartisan agreement over General Assistance Medical Care (GAMC) took a significant step forward.  The news about the four major hospitals which have signed contracts with the state proves that this program can and will work.  I once again thank you for your key leadership in that negotiated compromise.

 

      I encourage you and Senator Pogemiller to direct your health care chairs to work with Commissioner Ludeman and my staff to address these concerns and develop a bill that can be signed into law as part of an overall budget agreement.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Pawlenty

                                                                                                                                Governor

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 3492, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and replacement; authorizing the sale and issuance of state bonds. 

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Laws 2005, chapter 20, article 1, section 7, subdivision 14, as amended by Laws 2006, chapter 258, section 43, is amended to read:

 

      Subd. 14.  State Trail Development                                                                                                                      7,910,000

 

To acquire land for and to develop and rehabilitate state trails as specified in Minnesota Statutes, section 85.015. 

 

$1,500,000 is for the Blazing Star Trail and, notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until June 30, 2014. 

 

$435,000 is for a segment of the Blufflands Trail, from Preston to Forestville. 


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$200,000 is for a segment of the Blufflands Trail, from Chester Woods County Park to the city limits of Rochester in Olmsted County, primarily for nonmotorized riding and hiking. 

 

$400,000 is for the Douglas Trail. 

 

$400,000 is for the Gateway Trail. 

 

$725,000 is for the Gitchi Gami Trail. 

 

$500,000 is for the Glacial Lakes Trail. 

 

$200,000 is for the Goodhue Pioneer Trail. 

 

$300,000 is for the Heartland Trail. 

 

$300,000 is for the Mill Towns Trail. 

 

$100,000 is for the Minnesota River Trail. 

 

$2,400,000 is for the Paul Bunyan Trail:  $320,000 is for an extension across Excelsior Road in the city of Baxter to connect with the Oberstar Tunnel and may be used to match federal money for the trail; $900,000 is to acquire right-of-way in the city of Bemidji and to rehabilitate the trail. 

 

$450,000 is for the Shooting Star Trail. 

 

      Sec. 2.  Laws 2006, chapter 258, section 7, subdivision 23, is amended to read:

 

      Subd. 23.  Trail connections                                                                                                                                   2,010,000

 

For matching grants under Minnesota Statutes, section 85.019, subdivision 4c.

 

$500,000 is for a grant to Carlton County to predesign, design, and construct a nonmotorized pedestrian trail connection to the Willard Munger State Trail from the city of Carlton through the city of Scanlon continuing to the city of Cloquet, along the St. Louis River in Carlton County.

 

$260,000 is to provide the state match for the cost of the Soo Line Multiuse Recreational Bridge project over marked Trunk Highway 169 in Mille Lacs County. 

 

$175,000 is for a grant to the city of Bowlus in Morrison County to design, construct, furnish, and equip a trailhead center at the head of the Soo Line Recreational Trail.

 

$125,000 is for a grant to Morrison County to predesign, design, construct, furnish, and equip a park-and-ride lot and restroom building adjacent to the Soo Line Recreational Trail at U.S.  Highway 10.


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$950,000 is for a grant to the St. Louis and Lake Counties Regional Railroad Authority for land acquisition, engineering, construction, furnishing, and equipping of a 19-mile "Boundary Waters Connection" of the Mesabi Trail from Bearhead State Park to the International Wolf Center in Ely.  This appropriation is contingent upon a matching contribution of $950,000 from other sources, public or private.  Notwithstanding Minnesota Statutes, section 16A.642, the bond authorization and appropriation of bond proceeds for this project are available until June 30, 2014.

 

      Sec. 3.  Laws 2008, chapter 179, section 4, subdivision 4, is amended to read:

 

      Subd. 4.  Independent School District No. 279, Osseo                                                                                       2,000,000

 

For a grant to Independent School District No. 279, Osseo, to predesign, design, construct, furnish, and equip the Northwest Hennepin Family Center and parking facility in Brooklyn Center.  This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

No later than five years after the facility opens, the school district must report to the commissioner of education on how the facility has improved student achievement and reduced educational disparities.

 

      Sec. 4.  Laws 2008, chapter 179, section 18, subdivision 6, is amended to read:

 

      Subd. 6.  Hennepin County Medical Center                                                                                                           820,000

 

For a grant to Hennepin County to predesign and, design, construct, furnish, and equip an outpatient clinic and health education facility at Hennepin County Medical Center that includes teaching clinics and an education center.

 

      Sec. 5.  Laws 2009, chapter 93, article 1, section 16, subdivision 5, is amended to read:

 

      Subd. 5.  Olmsted County - Steam Line Extension                                                                                            5,000,000

 

For a grant to Olmsted County to design and construct approximately 1.25 miles of a new steam pipeline from the Olmsted Waste-to-Energy Facility to the Rochester Community and Technical College Campus, supplying steam heat and cooling from a renewable energy source.  Any portion of this appropriation remaining after the construction is completed is reappropriated to the Board of Trustees of the Minnesota State Colleges and Universities to convert heating and cooling systems within existing Rochester Community and Technical College buildings from electrical energy to steam-derived energy.


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This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from Olmsted County.

 

      Sec. 6.  Laws 2010, chapter 189, section 14, subdivision 2, is amended to read:

 

      Subd. 2.  Emergency Management Training Facility - Camp Ripley                                                                                                                           6,000,000

 

To the commissioner of administration to predesign, design, construct, furnish, and equip an emergency vehicle operator's course at Camp Ripley.

 

Nonmilitary public safety personnel from Minnesota must be given access to the facility.

 

      Sec. 7.  Laws 2010, chapter 189, section 19, subdivision 4, is amended to read:

 

      Subd. 4.  Minneapolis Veterans Home                                                                                                                 9,450,000

 

To remodel predesign, design, construct, furnish, and equip the renovation of building 16 to accommodate a domiciliary program, demolish the north wing of building 17, predesign a new building 17, and design, construct, furnish, and equip up to a 72-bed single occupancy person-centered nursing care building the north wing of the new building 17, including site improvements and amenities for building and program support.

 

      Sec. 8.  Laws 2010, chapter 189, section 21, subdivision 4, is amended to read:

 

      Subd. 4.  Redevelopment Account                                                                                                                         5,000,000

 

For purposes of the redevelopment account under Minnesota Statutes, sections 116J.571 to 116J.575.

 

$2,000,000 is for a grant to the city of Lake Elmo.  $1,000,000 must be used to design and construct an expansion of the city's water pumping, storage, and distribution system to provide approximately 1,000 additional service hookups and replace a city well lost to contamination by perfluorochemicals (PFC's).  $1,000,000 must be used to design and construct the extension of a 16-inch sanitary sewer force main from the Metropolitan Council interceptor on Interstate Highway 94 to 30th Street to the proposed southern edge of the Lake Elmo Village area.  This appropriation is not available until the council commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

Notwithstanding Minnesota Statutes, section 16A.642, grant number RDGP-06-0007-0-FY07, awarded in September 2006 to the city of Tower from an appropriation to the redevelopment account in Laws 2005, chapter 20, article 1, section 23, subdivision 11, is available until June 30, 2013.


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Sec. 9.  EFFECTIVE DATE. 

 

This act is effective the day following final enactment."

 

Amend the title accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 3492 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Bly introduced:

 

      H. F. No. 3856, A bill for an act relating to health; authorizing expanded health care practices for health care professionals; proposing coding for new law as Minnesota Statutes, chapter 146B.

 

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

 

 

      Lillie and Slawik introduced:

 

      H. F. No. 3857, A bill for an act relating to taxation; income; providing a subtraction for wages of public safety officers killed in the line of duty; amending Minnesota Statutes 2009 Supplement, sections 290.01, subdivision 19b, as amended; 290.091, subdivision 2.

 

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

 

 

      Zellers introduced:

 

      H. F. No. 3858, A bill for an act relating to education; requiring a report on school bus fires.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.


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      Shimanski; Anderson, P., and Dettmer introduced:

 

      H. F. No. 3859, A bill for an act relating to public safety; providing grants to local law enforcement agencies for training officers regarding immigration; providing for a surcharge; appropriating money.

 

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

 

 

      Scalze introduced:

 

      H. F. No. 3860, A bill for an act relating to human services; expanding the use of the public assistance reporting information system; amending Minnesota Statutes 2009 Supplement, section 256.01, subdivision 18a.

 

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

 

 

      Rukavina, Clark, Obermueller, Gunther and Reinert introduced:

 

      H. F. No. 3861, A bill for an act relating to higher education; establishing an applied learning initiative in the Minnesota State Colleges and Universities for technical education; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136F.

 

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

 

 

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:

 

H. F. No. 2227, A bill for an act relating to local government; establishing Minnesota Innovation and Research Council; imposing powers and duties of council; appropriating money; amending Minnesota Statutes 2008, section 3.971, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 465; repealing Minnesota Statutes 2008, section 6.80.

 

The Senate has appointed as such committee:

 

Senators Metzen, Bonoff and Rosen.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate


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RECONSIDERATION

 

      Carlson moved that the vote whereby the House refused to concur in the Senate amendments to H. F. No. 3834, and requested that a conference committee of 3 members be appointed to confer on the disagreeing votes of the two houses be now reconsidered.  The motion prevailed.

 

 

      Carlson withdrew his motion relating to the appointment of conferees to H. F. No. 3834.

 

 

      Carlson moved that the House refuse to concur in the Senate amendments to H. F. No. 3834, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

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. 2801, A bill for an act relating to establishing complete streets program and requiring reports; amending Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 174.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

      Obermueller moved that the House refuse to concur in the Senate amendments to H. F. No. 2801, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Madam Speaker:

 

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

 

S. F. No. 3134, A bill for an act relating to government operations; describing how to fold the state flag; defining certain powers of the Council on Black Minnesotans; requiring fiscal notes to include information about job creation; limiting requirements for approval by individual legislators in the disposal process for certain state-owned buildings; increasing threshold requirements for deposit of agency receipts; imposing requirements on agencies for contracts over a certain amount; requiring state chief information officer to develop standards for enhanced public access to state electronic records; clarifying use of fees in the combined charities campaign; transferring membership in the Workers' Compensation Reinsurance Association from the commissioner of management and budget to the commissioner of administration; eliminating and modifying fees for certain filings with the secretary of state; authorizing grants to counties for voting equipment and vote-counting equipment; establishing the Commission on Service Innovation; allowing contiguous counties to establish a home rule charter commission; requiring reports; appropriating money; amending Minnesota Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5; 3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2; 16E.05, by


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adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes, chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

 

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

 

Senators Betzold, Robling, Rest, Olseen and Kubly.

 

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

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

      Kahn 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. 3134.  The motion prevailed.

 

 

      Mahoney was excused between the hours of 3:00 p.m. and 7:00 p.m.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 910

 

A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05.

 

May 14, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 910 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendment and that H. F. No. 910 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2009 Supplement, section 357.021, subdivision 2, is amended to read:


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Subd. 2.  Fee amounts.  The fees to be charged and collected by the court administrator shall be as follows:

 

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.

 

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.

 

The party requesting a trial by jury shall pay $100.

 

The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

 

(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8 for an uncertified copy.

 

(3) Issuing a subpoena, $16 for each name.

 

(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $100.

 

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.

 

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.

 

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

 

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

 

(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.

 

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

 

(11) For the deposit of a will, $27.

 

(12) For recording notary commission, $100, of which, notwithstanding subdivision 1a, paragraph (b), $80 must be forwarded to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund $20.

 

(13) Filing a motion or response to a motion for modification of child support, a fee of $100.

 

(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

 

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.


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The fees in clauses (3) and (5) need not be paid by a public authority or the party the public authority represents.

 

Sec. 2.  Minnesota Statutes 2008, section 358.028, is amended to read:

 

358.028 LEGISLATORS, OFFICIAL SEALS. 

 

Every member of the legislature, while in office and residing in the district from which elected, may have an official seal notarial stamp, in the form provided in section 358.03, with which to authenticate official acts provided for in section 358.15. 

 

Sec. 3.  Minnesota Statutes 2008, section 358.09, is amended to read:

 

358.09 BY WHOM AND HOW ADMINISTERED. 

 

Any officer authorized by this chapter to take and certify acknowledgments may administer an oath, and, if the same be in writing, may certify the same under the officer's signature, and the seal of office, if there be one an official notarial stamp, in the following form:  "Subscribed and sworn to before me this ............  day of ................., ....." The mode of administering an oath commonly practiced in the place where it is taken shall be followed, including, in this state, the ceremony of uplifting the hand.

 

Sec. 4.  Minnesota Statutes 2008, section 358.15, is amended to read:

 

358.15 EX OFFICIO NOTARY PUBLIC. 

 

(a) The following officers have the powers of a notary public within the state:

 

(1) every member of the legislature, while still a resident in the district from which elected; but no fee or compensation may be received for exercising these powers.  The form of the official signature in these cases is:  "A.B., Representative (or Senator), ....................................... District, Minnesota, ex officio notary public.  My term expires January 1, .......";

 

(2) the clerks or recorders of towns, and cities.  The form of the official signature in these cases is:  "A.B.  (official title), ....... County, Minnesota, ex officio notary public.  My term expires ....... (or where applicable) my term is indeterminate.";

 

(3) court commissioners, county recorders, and county auditors, and their several deputies, and county commissioners, all within their respective counties.  The form of the official signature in these cases:  "A.B.  (official title), ....... County, Minnesota, ex officio notary public.  My term expires ....... (or where applicable) my term is indeterminate."; and

 

(4) peace officers licensed under section 626.845 for the purpose of administering oaths upon information submitted to establish probable cause to any judge or judicial officer under the Rules of Criminal Procedure.  The form of the official signature in these cases is "A.B., Peace Officer License Number ......., ....... County, Minnesota.  My license expires June 30, .......". 

 

(b) An officer using the powers of a notary public within the state pursuant to clauses (1) to (3) shall obtain an official stamp as specified under section 359.03, subdivisions 1, 3, and 4, with which to authenticate official acts.

 

(c) The county auditor and county recorder, and their deputies, and the clerk or recorder of a town or city with ex officio powers under this section may authenticate official acts related to the statutory duties of their respective offices without using the official stamp for 90 days after initially assuming the office, or until the officer acquires an official stamp, whichever is earlier.


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EFFECTIVE DATE; APPLICABILITY.  This section is effective August 1, 2010, except that an officer with ex officio powers subject to paragraph (c) may authenticate official acts related to the officer's statutory duties without using the official stamp for up to 90 days after the effective date of this section, or until the officer acquires an official stamp, whichever is earlier.

 

Sec. 5.  Minnesota Statutes 2008, section 358.47, is amended to read:

 

358.47 CERTIFICATE OF NOTARIAL ACTS. 

 

(a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer in a manner that attributes such signature to the notary public identified on the commission.  The notary's name as it appears on the official notarial stamp and on any jurat or certificate of acknowledgment and in the notary's commission must be identical.  The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may must include the official notarial stamp or seal of office, or the notary's electronic seal pursuant to section 359.03.  If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected.  If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.

 

(b) A certificate of a notarial act is sufficient if it is in English and meets the requirements of subsection (a) and it:

 

(1) is in the short form set forth in section 358.48;

 

(2) is in a form otherwise prescribed by the law of this state;

 

(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

 

(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

 

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by section 358.42. 

 

Sec. 6.  Minnesota Statutes 2008, section 358.48, is amended to read:

 

358.48 SHORT FORMS. 

 

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.47, subsection (a): 

 

(1) For an acknowledgment in an individual capacity;

 

State of ……………………………….…

 

County of ……………………………….

 

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)).

 

                                                                                                                  ………………………………..………………….

                                                                                                                  (Signature of notarial officer)


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(Seal, if any Stamp)

                                                                                                                  ……………………………………………….…..

                                                                                                                  Title (and Rank)

 

                                                                                                                  My commission expires: ………………………..

 

(2) For an acknowledgment in a representative capacity:

 

State of …………………………………

 

County of ………………………………

 

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of .............................  .................(name of party on behalf of whom the instrument was executed).

 

                                                                                                                  …………………………………………………...

                                                                                                                  (Signature of notarial officer)

 

(Seal, if any Stamp)

                                                                                                                  …………………………………………………...

                                                                                                                  Title (and Rank)

 

                                                                                                                  My commission expires: ………………………..

 

(3) For a verification upon oath or affirmation:

 

State of ………………………………….

 

County of ………………………………..

 

Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of person(s) making statement).

                                                                                                                  …………………………………………………

                                                                                                                  (Signature of notarial officer)

 

(Seal, if any Stamp)

                                                                                                                  …………………………………………………...

                                                                                                                  Title (and Rank)

 

                                                                                                                  My commission expires: ………………………..

 

(4) For witnessing or attesting a signature:

 

State of ………………………………….

 

County of ……………………………….

 

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).

 

                                                                                                                  …………………………………………………...

                                                                                                                  (Signature of notarial officer)


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(Seal, if any Stamp)

                                                                                                                  …………………………………………………...

                                                                                                                  Title (and Rank)

 

                                                                                                                  My commission expires: ………………………..

 

(5) For attestation of a copy of a document:

 

State of ……………………………….…

 

County of ……………………………….

 

I certify that this is a true and correct copy of a document in the possession of ....................  .

 

Dated: ………………………….……

                                                                                                                  …………………………………………………...

                                                                                                                  (Signature of notarial officer)

 

(Seal, if any Stamp)

                                                                                                                  …………………………………………………...

                                                                                                                  Title (and Rank)

 

                                                                                                                  My commission expires: ………………………..

 

Sec. 7.  Minnesota Statutes 2008, section 359.01, subdivision 2, is amended to read:

 

Subd. 2.  Nonresident notaries.  (a) The governor, by and with the advice and consent of the senate, may appoint as notary public a person who is not a resident of this state if:

 

(1) the person is a resident of Wisconsin, Iowa, North Dakota, or South Dakota, and of a county that shares a boundary with this state;

 

(2) the person designates the secretary of state as agent for the service of process for all purposes relating to notarial acts and for receipt of all correspondence relating to notarial acts.; and

 

(3) the person designates the Minnesota county in which the person's notary commission will be recorded pursuant to section 359.061.

 

(b) The secretary of state shall receive applications for nonresident notary appointments and commissions, shall keep a register of those persons appointed and commissioned as notaries public by the governor with the advice and consent of the senate, shall update that register when informed of a change in name and address by a notary public, shall process applications by a notary public for reappointment, shall receive fees for the performance of these functions to be deposited into the general fund, and shall perform those clerical and administrative duties associated with these functions.  The governor may also receive such applications directly.

 

Sec. 8.  Minnesota Statutes 2009 Supplement, section 359.01, subdivision 3, is amended to read:

 

Subd. 3.  Fees.  (a) When making application for a commission the applicant must submit, along with the information required by the secretary of state, a nonrefundable fee of $40 $120, which shall be forwarded by the secretary of state to the commissioner of management and budget to be deposited in the state treasury and credited to the general fund.


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(b) Except as otherwise provided in paragraph (a), all fees shall be retained by the secretary of state and are nonreturnable, except for an overpayment of a fee.

 

Sec. 9.  Minnesota Statutes 2008, section 359.02, is amended to read:

 

359.02 TERM. 

 

A notary commissioned under section 359.01 holds office for five years until January 31 of the fifth year following the year the commission was issued, unless sooner removed by the governor or the district court, or by action of the commissioner of commerce.  Within 60 days Six months before the expiration of the commission, a notary may apply for reappointment renew the notary's commission for a new term to commence and to be designated in the new commission as beginning upon the day immediately following the date of the expiration.  A notary whose commission expires on January 1, 2005, may apply for reappointment six months before after the expiration date.  The reappointment or renewal takes effect and is valid although the appointing governor may not be in the Office of Governor on the effective day. 

 

All notary commissions expire on January 31 of the fifth year following the year of issue.

 

EFFECTIVE DATE.  The provisions of this section relating to the time during which a notary's commission may be renewed are effective July 31, 2011.  The remainder of this section is effective August 1, 2010.

 

Sec. 10.  Minnesota Statutes 2008, section 359.03, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement.  Every notary, including an ex officio notary under section 358.15, shall get obtain an official seal notarial stamp as specified in subdivision 3, with which to authenticate official acts, and upon which shall be engraved the arms of this state, the words "notarial seal." The seal, with official notarial stamp, and the notary's official register, is journal, are the personal property of the notary and are exempt from execution, and, on death or removal from office, the register must be deposited with the court administrator of the district court of the notary's county.

 

Sec. 11.  Minnesota Statutes 2008, section 359.03, subdivision 2, is amended to read:

 

Subd. 2.  Validation and legalization of certain instruments.  (a) All instruments heretofore duly made and executed which have been acknowledged before a notary public as provided by law, but the seal or stamp used thereon has engraved on it "notary public," are hereby validated and legalized, and in case such instruments are recorded, the recording is hereby validated and legalized, and all such instruments are validated to the same extent as though properly sealed at the time of their acknowledgment.  This subdivision shall not affect any action now pending in any of the courts of this state.

 

(b) The official notarial stamp required by this section, whether applied to the record physically or electronically, is deemed to be a "seal" for purposes of the admission of a document in court.

 

Sec. 12.  Minnesota Statutes 2008, section 359.03, subdivision 3, is amended to read:

 

Subd. 3.  Specifications.  The seal of every notary public may be affixed by a stamp that will print a seal which legibly reproduces under photographic methods The official notarial stamp consists of the seal of the state of Minnesota, the name of the notary as it appears on the commission or the name of the ex officio notary, the words "Notary Public," or "Notarial Officer" in the case of an ex officio notary, and the words "My commission expires ...............  (or where applicable) My term is indeterminate," with the expiration date shown thereon or may be an electronic form on it and must be able to be reproduced in any legibly reproducible manner.  A physical seal used to authenticate a paper document The official notarial stamp shall be a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches horizontally, with a serrated or milled edge border, and shall contain the information required by this subdivision.


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Sec. 13.  Minnesota Statutes 2008, section 359.03, subdivision 4, is amended to read:

 

Subd. 4.  Electronic seal Notarial stamp may be affixed electronically.  A notary's electronic seal shall contain the notary's name, jurisdiction, and commission expiration date, and shall be logically and securely affixed to or associated with the electronic record being notarized.  The information required by this section may be affixed electronically and shall be logically and securely affixed or associated with the electronic record being notarized.

 

Sec. 14.  Minnesota Statutes 2008, section 359.061, is amended to read:

 

359.061 RECORD OF COMMISSION; CERTIFICATE. 

 

Subdivision 1.  Resident notaries.  The commission of every notary commissioned under section 359.01, together with:  (1) a signature that matches the first, middle, and last name as listed on the notary's commission and shown on the notarial stamp, and (2) a sample signature in the style in which the notary will actually execute notarial acts, shall be recorded in the office of the court administrator of the district court of the notary's county of residence or in the county department to which duties relating to notaries public have been assigned under section 485.27, in a record kept for that purpose. 

 

Subd. 2.  Nonresident notaries.  The commission of a nonresident notary must be recorded in the Minnesota county the notary designates pursuant to section 359.01, subdivision 2, clause (3), in the office of the court administrator of the district court of the Minnesota county that borders the county in which the nonresident notary resides of that county or in the county department to which duties relating to notaries public have been assigned under section 485.27. 

 

Subd. 3.  Certificate of court administrator.  The court administrator, when requested, shall certify to official acts in the manner and for the fees prescribed by statute or court rule.

 

Subd. 4.  County notary certificate.  The county department, to which duties relating to notaries public have been assigned under section 485.27, shall certify to official acts under this section for the fee of $5 and in the form of:

 

State of Minnesota

 

..........................  County

 

"I the undersigned .........................................., in and for said county and state, do hereby certify that ..................................., whose name is subscribed to on the attached document held the office of notary public in said county and state at the date of said subscription and was authorized under the laws of this state to take acknowledgments, to administer oaths, take depositions, acknowledgments of deeds, and other written instruments, and exercise all such powers and duties authorized by the laws of Minnesota as notary public.  I further certify that I have compared the subscribed signature to the signature on file in this office and believe them to be the same.

 

Signed this date .................................  in the county of ......................................, state of Minnesota."

 

Signature ................................................

 

Title ........................................................

 

Sec. 15.  [359.091] ACCOMMODATION OF PHYSICAL LIMITATIONS. 

 

(a) A notary public may certify as to the subscription or signature of an individual when it appears that the individual has a physical limitation that restricts the individual's ability to sign by writing or making a mark, pursuant to the following:


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(1) the name of an individual may be signed, or attached electronically in the case of an electronic record, by another individual other than the notary public at the direction and in the presence of the individual whose name is to be signed and in the presence of the notary public.  The signature may be made by a rubber stamp facsimile of the person's actual signature, mark, or a signature of the person's name or mark made by another and adopted for all purposes of signature by the person with a physical limitation; and

 

(2) the words "Signature written by" or "Signature attached by" in the case of an electronic record, "(name of individual directed to sign or directed to attach) at the direction and in the presence of (name as signed) on whose behalf the signature was written" or "attached electronically" in the case of an electronic record, or words of substantially similar effect must appear under or near the signature.

 

(b) A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of such notary public when it appears that the individual is unable to communicate verbally or in writing.

 

Sec. 16.  Minnesota Statutes 2008, section 359.12, is amended to read:

 

359.12 ADMINISTRATIVE ACTIONS AND PENALTIES. 

 

Every notary who shall charge or receive a fee or reward for any act or service done or rendered as a notary greater than the amount allowed by law, or who dishonestly or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties imposed pursuant to section 45.027, except that.  A notary may be removed from office only by the governor or, the district court, or the commissioner of commerce.  The commissioner of commerce has all the powers provided by section 45.027 and shall proceed in the manner provided by that section in actions against notaries. 

 

Notwithstanding section 359.03, subdivision 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary's official notarial stamp to the commissioner of commerce.

 

Sec. 17.  Minnesota Statutes 2009 Supplement, section 517.08, subdivision 1b, is amended to read:

 

Subd. 1b.  Term of license; fee; premarital education.  (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated marriage.  If one party is unable to appear in person, the party appearing may complete the absent applicant's information.  The local registrar shall provide a copy of the marriage application to the party who is unable to appear, who must verify the accuracy of the party's information in a notarized statement.  The marriage license must not be released until the verification statement has been received by the local registrar.  If at the expiration of a five-day period, on being satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance.  The license shall be valid for a period of six months.  Except as provided in paragraph (c), the local registrar shall collect from the applicant a fee of $110 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital statistics the reports of marriage required by this section.  If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee.  A local registrar who knowingly issues or signs a marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.


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(b) In case of emergency or extraordinary circumstances, a judge of the district court of the county in which the application is made may authorize the license to be issued at any time before expiration of the five-day period required under paragraph (a).  A waiver of the five-day waiting period must be in the following form:

 

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

 

APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:

 

................................................................................. (legal names of the applicants)

 

Represent and state as follows:

 

That on ......................... (date of application) the applicants applied to the local registrar of the above-named county for a license to marry.

 

That it is necessary that the license be issued before the expiration of five days from the date of the application by reason of the following:  (insert reason for requesting waiver of waiting period)

 

.............................................................................................................

 

.............................................................................................................

 

.............................................................................................................

 

WHEREAS, the applicants request that the judge waive the required five-day waiting period and the local registrar be authorized and directed to issue the marriage license immediately.

 

Date:  .............................

 

.......................................................................................

 

.......................................................................................

(Signatures of applicants)

 

Acknowledged before me on this .......  day of .................... .

 

..........................................

NOTARY PUBLIC

 

COURT ORDER AND AUTHORIZATION:

 

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

 

After reviewing the above application, I am satisfied that an emergency or extraordinary circumstance exists that justifies the issuance of the marriage license before the expiration of five days from the date of the application.  IT IS HEREBY ORDERED that the local registrar is authorized and directed to issue the license forthwith.

 

.....................................................

 

................................ (judge of district court)

 

................................ (date).

 

(c) The marriage license fee for parties who have completed at least 12 hours of premarital education is $40.  In order to qualify for the reduced license fee, the parties must submit at the time of applying for the marriage license a statement that is signed, dated, and notarized statement or marked with a church seal, from the person who provided


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the premarital education on their letterhead confirming that it was received.  The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33.  The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.

 

(d) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:

 

"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills.  I am a licensed or ordained minister, a person authorized to solemnize marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."

 

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the marriage license application.  Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

 

(e) If section 259.13 applies to the request for a marriage license, the local registrar shall grant the marriage license without the requested name change.  Alternatively, the local registrar may delay the granting of the marriage license until the party with the conviction:

 

(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or

 

(2) provides a certified copy of the court order granting it.  The parties seeking the marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.

 

Sec. 18.  REPEALER. 

 

Minnesota Statutes 2008, section 359.05, is repealed."

 

Delete the title and insert:

 

"A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; modifying a provision relating to premarital education; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; 517.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05."

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Melissa Hortman, Gail Kulick Jackson and Mark Murdock.

 

Senate Conferees:  Don Betzold, Steve Dille and Gary Kubly.

 

 

      Hortman moved that the report of the Conference Committee on H. F. No. 910 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13099


 

H. F. No. 910, A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05.

 

 

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

 

      The question was taken on the repassage of the bill and the roll was called.  There were 108 yeas and 20 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, P.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dettmer

Dill

Dittrich

Doty

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mariani

Marquart

Masin

McFarlane

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, S.

Brod

Buesgens

Dean

Doepke

Downey

Emmer

Hackbarth

Holberg

Loon

Mack

McNamara

Otremba

Peppin

Sanders

Scott

Seifert

Smith

Solberg


 

 

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

 

 

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 Saturday, May 15, 2010:

 

      S. F. Nos. 2629, 3379 and 2891.


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CALENDAR FOR THE DAY

 

 

      S. F. No. 2629, A bill for an act relating to elections; appropriating money for grants to counties for voting equipment and vote-counting equipment; specifying grant terms and procedures; repealing Laws 2005, chapter 162, section 34, subdivision 2, as amended.

 

 

      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 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.

 

 

      Hilstrom was excused between the hours of 3:15 p.m. and 2:30 a.m.

 

 

      S. F. No. 3379, A bill for an act relating to public safety; appropriating money to match federal disaster assistance made available through FEMA Public Assistance Program. 

 

 

      The bill was read for the third time 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 100 yeas and 24 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Brod

Brynaert

Carlson

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Gunther

Hackbarth

Hamilton

Haws

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Lanning

Lenczewski

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Marquart

McFarlane

McNamara

Morrow

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Olin

Otremba

Pelowski

Peppin

Persell

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Bigham

Bly

Brown

Buesgens

Bunn

Champion

Greiling

Hansen

Hausman

Hayden

Kalin

Laine

Lesch

Liebling

Masin

Morgan

Mullery

Obermueller

Paymar

Peterson

Scalze

Slocum

Sterner

Wagenius


 

 

      The bill was passed and its title agreed to.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2801:

 

      Obermueller, Morrow and Hoppe.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3834:

 

      Carlson, Huntley, Lenczewski, Greiling and Dean.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3134:

 

      Kahn, Winkler, Simon, Kalin and Smith.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13102


 

CALENDAR FOR THE DAY, Continued

 

 

      S. F. No. 2891, A bill for an act relating to corrections; adopting the Interstate Compact for Juveniles; proposing coding for new law in Minnesota Statutes, chapter 260.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 116 yeas and 11 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Buesgens

Drazkowski

Emmer

Hackbarth

Holberg

Hoppe

Peppin

Seifert

Smith

Westrom


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 445, A resolution relating to Lake of the Woods.

 

 

      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 95 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brynaert

Carlson

Champion

Clark

Cornish

Davnie

Dettmer

Dill

Dittrich

Doty

Downey

Eken

Falk


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13103


 

Faust

Fritz

Gardner

Gottwalt

Greiling

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Hoppe

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McNamara

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Obermueller

Olin

Otremba

Paymar

Persell

Peterson

Reinert

Rosenthal

Ruud

Sailer

Scalze

Scott

Seifert

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Thao

Thissen

Tillberry

Torkelson

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Drazkowski


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 3188, A resolution calling on the Congressional Delegation of the Great State of Minnesota to fully support and fund passage of the Agent Orange Equity Act of 2009.

 

 

      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 105 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, P.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brynaert

Carlson

Champion

Clark

Cornish

Davnie

Dill

Dittrich

Doty

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Obermueller

Olin

Otremba

Paymar

Persell

Peterson

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Scott

Seifert

Sertich

Severson

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Spk. Kelliher


 

 

      The bill was passed and its title agreed to.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13104


 

      H. F. No. 1680 was reported to the House.

 

 

McNamara, Gunther and Clark moved to amend H. F. No. 1680 as follows:

 

Page 2, line 1, after "were" insert "sometimes"

 

Page 2, line 2, delete "Minnesota's medical professionals"

 

Page 2, line 5, delete "Minnesota public officials" and insert "some"

 

Page 2, line 14, after "WHEREAS," insert "many"

 

Page 2, line 27, delete "ensure that all" and insert "help"

 

Page 2, line 28, delete "assistance will receive the assistance they need" and insert "services to receive them in the least restrictive manner"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      McNamara moved to amend H. F. No. 1680, as amended, as follows:

 

      Page 2, line 1, delete "by"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 1680, A resolution apologizing on behalf of citizens of the state to all persons with mental illness and developmental and other disabilities who have been wrongfully committed to state institutions.

 

 

      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 88 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brynaert

Carlson

Champion

Clark

Cornish

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Hayden

Hilty

Hornstein

Hortman

Hosch

Howes

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mariani

Marquart

Masin

McNamara

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Persell

Peterson

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13105


 

Seifert

Sertich

Simon

Slawik

Slocum

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

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

 

 

REPORTS FROM THE COMMITTEE ON

RULES AND LEGISLATIVE ADMINISTRATION

 

      Sertich for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that it retains the use of the Speaker's parking place in front of the capitol building just east of the porte-cochθre and parking lots B, C, D, N, O and the state office building parking ramp for members and employees of the House of Representatives during the time between adjournment in 2010 and the convening of the House of Representatives in 2011.  The Sergeant at Arms is directed to manage the use of the lots and ramp while the House of Representatives is adjourned.  The Controller of the House may continue to deduct from the check of any legislator or legislative employee a sum adequate to cover the exercise of the parking privilege.

 

 

      The motion prevailed and the resolution was adopted.

 

 

      Sertich for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that the Chief Clerk is directed to correct and approve the Journal of the House for the last day of the 2010 Regular Session.

 

      Be It Further Resolved that the Chief Clerk is authorized to include in the Journal for the last day of the 2010 Regular Session any proceedings, including subsequent proceedings and any legislative interim committees or commissions created or appointments made to them by legislative action or by law.

 

 

      The motion prevailed and the resolution was adopted.

 

 

      Sertich for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that during the time between adjournment in 2010 and the convening of the House of Representatives in 2011, the Chief Clerk and Chief Sergeant at Arms under the direction of the Speaker shall maintain House facilities in the Capitol Complex.  The House chamber, retiring room, hearing and conference rooms, and offices shall be set up and made ready for legislative use and reserved for the House and its committees.  Those rooms may be reserved for use by others that are not in conflict with use by the House.  The House Chamber, retiring room, and hearing rooms may be used by YMCA Youth in Government, Girls' State, Young Leaders Organization, and 4-H Leadership Conference.

 

 

      The motion prevailed and the resolution was adopted.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13106


 

      Pursuant to rule 1.50, Sertich moved that the House be allowed to continue in session after 12:00 midnight.  The motion prevailed.

 

 

MOTION TO ADJOURN

 

      Buesgens moved that the House adjourn until 6:00 p.m., Sunday, May 16, 2010.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Buesgens motion and the roll was called.  There were 10 yeas and 117 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Beard

Buesgens

Drazkowski

Hackbarth

Holberg

Kohls

Nornes

Shimanski

Westrom


 

 

      Those who voted in the negative were:

 


Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Winkler

Zellers

Spk. Kelliher


 

 

      The motion did not prevail.

 

 

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

 

 

      Sertich moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Hortman.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13107


 

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

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

H. F. No. 910, A bill for an act relating to notaries public; modifying fees; regulating commissions and notarial stamps and seals; providing clarifications; providing for the accommodations of physical limitations; amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section 359.05.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of 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:

 

H. F. No. 2801, A bill for an act relating to establishing complete streets program and requiring reports; amending Minnesota Statutes 2008, sections 162.02, subdivision 3a; 162.09, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 174.

 

The Senate has appointed as such committee:

 

Senators Murphy, Lourey and Jungbauer.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of 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 - 106th Day - Saturday, May 15, 2010 - Top of Page 13108


 

H. F. No. 3834, A bill for an act relating to state government; requiring the commissioner of Minnesota Management and Budget to provide a cash flow forecast to the governor and legislature; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

The Senate has appointed as such committee:

 

Senators Cohen, Bakk, Stumpf, Berglin and Senjem.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the following change in the membership of the Conference Committee on:

 

H. F. No. 3729, A bill for an act relating to the financing and operation of state and local government; making policy, technical, administrative, payment, enforcement, collection, refund, and other changes to individual income; corporate franchise, estate, sales and use, local taxes, gross receipts, gross revenues, cigarette, tobacco, insurance, property, minerals, petroleum, and other taxes and tax-related provisions; requiring sunset of new tax expenditures; property tax reform, accountability, value, and efficiency provisions; modifying certain payment schedules; making changes to tax-forfeited land, emergency debt certificate, local government aid, job opportunity building zone, special service district, agricultural preserve, tax increment financing, economic development authority, and special taxing district provisions; increasing and modifying certain borrowing authorities; modifying bond allocation provisions; specifying duties of assessors; requiring studies; providing appointments; repealing political contribution refund; appropriating money; amending Minnesota Statutes 2008, sections 60A.209, subdivision 1; 82B.035, subdivision 2; 103D.335, subdivision 17; 270.075, subdivisions 1, 2; 270.41, subdivision 5; 270A.03, subdivision 7; 270C.11, subdivision 4; 270C.34, subdivision 1; 270C.52, subdivision 2; 270C.87; 270C.94, subdivision 3; 272.0213; 272.025, subdivisions 1, 3; 272.029, subdivisions 4, 7; 273.061, subdivisions 7, 8; 273.113, subdivision 3; 273.1231, subdivision 1; 273.1232, subdivision 1; 273.124, subdivisions 1, 8, 14; 273.13, subdivision 34; 273.1392; 275.71, subdivisions 4, 5; 275.75; 276.02; 276.112; 279.01, subdivision 3; 279.025; 279.37, subdivision 1; 282.01, subdivisions 1, 1a, 1b, 1c, 1d, 2, 3, 4, 7, 7a, by adding subdivisions; 289A.08, subdivision 7; 289A.09, subdivision 2; 289A.10, subdivision 1; 289A.12, subdivision 14; 289A.30, subdivision 2; 289A.50, subdivisions 1, 2, 4; 289A.60, subdivision 7, by adding a subdivision; 290.014, subdivision 2; 290.067, subdivision 1; 290.081; 290.0921, subdivision 3; 290.17, subdivision 2; 290.21, subdivision 4; 290A.04, subdivision 2; 290B.03, by adding a subdivision; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 291.03, by adding a subdivision; 295.55, subdivisions 2, 3; 297A.62, as amended; 297A.665; 297A.68, subdivision 39; 297A.70, subdivision 13; 297A.71, subdivisions 23, 39; 297A.995, subdivisions 10, 11; 297F.01, subdivision 22a; 297F.04, by adding a subdivision; 297F.07, subdivision 4; 297F.25, subdivision 1; 297I.01, subdivision 9; 297I.05, subdivision 7; 297I.30, subdivisions 1, 2, 7, 8; 297I.40, subdivisions 1, 5; 297I.65, by adding a subdivision; 298.282, subdivision 1; 428A.12; 428A.18, subdivision 2; 469.101, subdivision 1; 469.319, subdivision 5; 469.3193; 473.39, by adding a subdivision; 473H.05, subdivision 1; 474A.04, subdivision 6; 474A.091, subdivision 3; Minnesota Statutes 2009 Supplement, sections 134.34, subdivision 4; 137.025, subdivision 1; 273.114, subdivision 2; 273.124, subdivision 3a; 273.13, subdivisions 23, 25; 275.065, subdivision 3; 275.70, subdivision 5, as amended; 276.04, subdivision 2; 279.01, subdivision 1; 289A.18, subdivision 1; 289A.20, subdivision 4; 290.01, subdivisions 19a, 19b, as amended, 19d; 290.06, subdivision 2c; 290.0671, subdivision 1; 290.091, subdivision 2; 290B.03, subdivision 1; 291.005, subdivision 1, as amended; 297I.35, subdivision 2; 475.755; 477A.011, subdivision 36, as amended; 477A.013, subdivision 8; Laws 2001, First Special Session chapter 5, article 3, section 50, as amended; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2009, chapter 88, article 2, section 49; article 4, sections 5; 23, subdivision 4; Laws 2010, chapter 216, sections 2, subdivision 3; 3, subdivision 6; by adding subdivisions; 4,


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13109


 

subdivisions 1, 2, 4, 6, 7, 8; proposing coding for new law in Minnesota Statutes, chapters 3; 6; 270C; 273; 296A; 524; 645; repealing Minnesota Statutes 2008, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 282.01, subdivisions 9, 10, 11; 290.06, subdivision 23; 297I.30, subdivisions 4, 5, 6; 383A.76.

 

The name of Senjem has been stricken, and the name of Rosen has been added.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 560.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 560

 

A bill for an act relating to public safety; authorizing the expungement of criminal records for certain individuals who have received stays of adjudication or diversion; authorizing expungements without petitions in certain cases where charges were dismissed against a person upon prosecutorial approval and with victim notification; requiring persons petitioning for an expungement to provide a copy of the criminal complaint or police report; authorizing the opening of certain expunged records without a court hearing; amending Minnesota Statutes 2008, sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

May 14, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 560 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 560 be further amended as follows:

 

Page 1, line 24, after the period, insert "This clause does not apply to felony-level crimes of violence as defined in section 624.712, subdivision 5, that are codified in chapter 609."

 

Page 3, lines 23 and 24, delete the new language

 

Page 3, line 25, reinstate the stricken language and strike "prosecution, or sentencing," and delete "without a"


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13110


 

Page 3, after line 25, insert:

 

"(2) an expunged record may be opened upon request by a prosecutor, or a probation officer for sentencing purposes, without a court order;"

 

Page 3, line 26, strike "(2)" and insert "(3)" and after "conviction" insert "or delinquency proceeding"

 

Page 3, line 28, strike "(3)" and insert "(4)" and after "conviction" insert "or delinquency proceeding"

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Ron Latz, Linda Higgins and Julianne Ortman.

 

House Conferees:  Bobby Joe Champion, Debra Hilstrom and Tony Cornish.

 

 

      Champion moved that the report of the Conference Committee on S. F. No. 560 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

S. F. No. 560, A bill for an act relating to public safety; authorizing the expungement of criminal records for certain individuals who have received stays of adjudication or diversion; authorizing expungements without petitions in certain cases where charges were dismissed against a person upon prosecutorial approval and with victim notification; requiring persons petitioning for an expungement to provide a copy of the criminal complaint or police report; authorizing the opening of certain expunged records without a court hearing; amending Minnesota Statutes 2008, sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

 

 

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

 

      The question was taken on the repassage of the bill and the roll was called.  There were 87 yeas and 41 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher



Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13111


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Dean

Dettmer

Doepke

Downey

Drazkowski

Eastlund

Emmer

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Kath

Kiffmeyer

Lanning

Loon

Mack

McFarlane

McNamara

Murdock

Nornes

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

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

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 2642.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 2642

 

A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to laws and statutes; amending Minnesota Statutes 2008, sections 3.7393, subdivision 12; 12A.05, subdivision 3; 13.321, subdivision 10; 13.411, subdivision 5; 13.861, subdivision 2; 16B.24, subdivision 5; 16D.11, subdivision 7; 53C.01, subdivision 12a; 84.797, subdivision 6; 84.803, subdivision 2; 84.8045; 115A.932, subdivision 1; 116.155, subdivision 3; 125A.64, subdivision 6; 126C.55, subdivision 6; 128D.03, subdivision 2; 129C.10, subdivision 8; 136F.61; 168.002, subdivision 13; 168.013, subdivision 1; 169.67, subdivision 1; 190.025, subdivision 3; 214.04, subdivision 1; 216B.1691, subdivision 1; 245A.18, subdivision 2; 256L.04, subdivision 1; 260C.301, subdivision 1; 270.41, subdivision 5; 273.1115, subdivisions 1, 3; 273.124, subdivision 11; 290.0921, subdivision 3a; 297A.61, subdivision 3; 309.72; 325F.675, subdivision 6; 325F.732, subdivision 2; 332.37; 332.40, subdivision 2; 332.52, subdivision 3; 374.02; 469.154, subdivision 3; 473.599, subdivision 8; 490.133; 507.071, subdivision 16; 515B.1-102; Minnesota Statutes 2009 Supplement, sections 16A.126, subdivision 1; 16C.138, subdivision 2; 47.60, subdivisions 4, 6; 53.09, subdivision 2; 69.772, subdivision 6; 116J.401, subdivision 2; 120B.30, subdivisions 1, 2; 122A.60, subdivision 2; 124D.10, subdivisions 3, 8, 14, 15, 23, 25; 152.025; 168.33, subdivision 7; 169.011, subdivision 71; 169.865, subdivision 1; 176.135, subdivision 8; 246B.06, subdivision 7; 256.969, subdivision 3b; 256B.0659, subdivision 3; 256B.5012, subdivision 8; 260C.212, subdivision 7; 270.97; 270C.445, subdivision 7; 299A.61, subdivision 1; 332B.07, subdivisions 1, 4; 332B.09, subdivision 3; 424A.02, subdivision 10; 524.5-701; 571.914, subdivision 4; 626.557, subdivision 20; Laws 2009, chapter 78, article 8, section 22, subdivision 3; Laws 2009, chapter 79, article 10, section 48; Laws 2009, chapter 88, article 5, section 17; Laws 2009, chapter 172, article 1, section 2, subdivision 5; repealing Minnesota Statutes 2008, sections 13.6435, subdivision 9; 15.38, subdivision 5; 168.098; 256B.041, subdivision 5; 256D.03, subdivision 5; Laws 2005, First Special Session chapter 4, article 8, section 87; Laws 2006, chapter 277, article 1, sections 1; 3; Laws 2008, chapter 287, article 1, section 104; Laws 2008, chapter 300, section 6; Laws 2009, chapter 78, article 4, section 41; Laws 2009, chapter 88, article 6, sections 14; 15; 16; Laws 2009, chapter 169, article 10, section 32; Minnesota Rules, parts 9525.0750; 9525.0760; 9525.0770; 9525.0780; 9525.0790; 9525.0800; 9525.0810; 9525.0820; 9525.0830.


Journal of the House - 106th Day - Saturday, May 15, 2010 - Top of Page 13112


 

May 13, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2642 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate concur in the House amendment.

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Mee Moua, Satveer Chaudhary, Bill Ingebrigtsen, Ann H. Rest and Dan Skogen.

 

House Conferees:  Gail Kulick Jackson, Debra Hilstrom, Bobby Joe Champion, Joe Atkins and Paul Kohls.

 

 

      Jackson moved that the report of the Conference Committee on S. F. No. 2642 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

S. F. No. 2642, A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to laws and statutes; amending Minnesota Statutes 2008, sections 3.7393, subdivision 12; 12A.05, subdivision 3; 13.321, subdivision 10; 13.411, subdivision 5; 13.861, subdivision 2; 16B.24, subdivision 5; 16D.11, subdivision 7; 53C.01, subdivision 12a; 84.797, subdivision 6; 84.803, subdivision 2; 84.8045; 115A.932, subdivision 1; 116.155, subdivision 3; 125A.64, subdivision 6; 126C.55, subdivision 6; 128D.03, subdivision 2; 129C.10, subdivision 8; 136F.61; 168.002, subdivision 13; 168.013, subdivision 1; 169.67, subdivision 1; 190.025, subdivision 3; 214.04, subdivision 1; 216B.1691, subdivision 1; 245A.18, subdivision 2; 256L.04, subdivision 1; 260C.301, subdivision 1; 270.41, subdivision 5; 273.1115, subdivisions 1, 3; 273.124, subdivision 11; 290.0921, subdivision 3a; 297A.61, subdivision 3; 309.72; 325F.675, subdivision 6; 325F.732, subdivision 2; 332.37; 332.40, subdivision 2; 332.52, subdivision 3; 374.02; 469.154, subdivision 3; 473.599, subdivision 8; 490.133; 507.071, subdivision 16; 515B.1-102; Minnesota Statutes 2009 Supplement, sections 16A.126, subdivision 1; 16C.138, subdivision 2; 47.60, subdivisions 4, 6; 53.09, subdivision 2; 69.772, subdivision 6; 116J.401, subdivision 2; 120B.30, subdivisions 1, 2; 122A.60, subdivision 2; 124D.10, subdivisions 3, 8, 14, 15, 23, 25; 152.025; 168.33, subdivision 7; 169.011, subdivision 71; 169.865, subdivision 1; 176.135, subdivision 8; 246B.06, subdivision 7; 256.969, subdivision 3b; 256B.0659, subdivision 3; 256B.5012, subdivision 8; 260C.212, subdivision 7; 270.97; 270C.445, subdivision 7; 299A.61, subdivision 1; 332B.07, subdivisions 1, 4; 332B.09, subdivision 3; 424A.02, subdivision 10; 524.5-701; 571.914, subdivision 4; 626.557, subdivision 20; Laws 2009, chapter 78, article 8, section 22, subdivision 3; Laws 2009, chapter 79, article 10, section 48; Laws 2009, chapter 88, article 5, section 17; Laws 2009, chapter 172, article 1, section 2, subdivision 5; repealing Minnesota Statutes 2008, sections 13.6435, subdivision 9; 15.38, subdivision 5; 168.098; 256B.041, subdivision 5; 256D.03, subdivision 5; Laws 2005, First Special Session chapter 4, article 8, section 87; Laws 2006, chapter 277, article 1, sections 1; 3; Laws 2008, chapter 287, article 1, section 104; Laws 2008, chapter 300, section 6; Laws 2009, chapter 78, article 4, section 41; Laws 2009, chapter 88, article 6, sections 14; 15; 16; Laws 2009, chapter 169, article 10, section 32; Minnesota Rules, parts 9525.0750; 9525.0760; 9525.0770; 9525.0780; 9525.0790; 9525.0800; 9525.0810; 9525.0820; 9525.0830.

 

 

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


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      The question was taken on the repassage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

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

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 2725.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 2725

 

A bill for an act relating to public safety; establishing a certification process for multijurisdictional gang and drug task forces; regulating law enforcement criminal gang investigative databases; classifying data received from law enforcement agencies in other states; changing membership of a council; delineating uses of data in the comprehensive incident-based reporting system; restricting the acquisition of cell phone tracking devices; amending Minnesota Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091, subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 626; 626A.


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May 15, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2725 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2725 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [299A.642] VIOLENT CRIME COORDINATING COUNCIL. 

 

Subdivision 1.  Coordinating council established.  The Violent Crime Coordinating Council is established to provide guidance related to the investigation and prosecution of gang and drug crime.  For the purposes of this section, "gang and drug crime" includes violent crimes associated with gang activity.

 

Subd. 2.  Membership.  The coordinating council shall consist of the following individuals or their designees:

 

(1) the director of the Office of Special Investigations as the representative of the commissioner of corrections;

 

(2) the superintendent of the Bureau of Criminal Apprehension as the representative of the commissioner of public safety;

 

(3) the attorney general;

 

(4) four chiefs of police, selected by the Minnesota Chiefs of Police Association, of which one must be employed by the city of Minneapolis, one must be employed by the city of St. Paul, one must be employed by a municipality located in the seven-county metropolitan area excluding Minneapolis and St. Paul, and one must be employed in greater Minnesota;

 

(5) four sheriffs, selected by the Minnesota Sheriffs Association, of which, one must work in Hennepin County, one must work in Ramsey County, one must work in Anoka, Carver, Dakota, Scott, or Washington county, and one must work in greater Minnesota;

 

(6) the United States attorney for the district of Minnesota;

 

(7) two county attorneys, selected by the Minnesota County Attorneys Association, one who must work in the seven-county metropolitan area and one who must work in greater Minnesota;

 

(8) four citizen members appointed by the commissioner of public safety in consultation with representatives from the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226; and

 

(9) a tribal peace officer, selected by the commissioner of public safety, in consultation with the Minnesota Indian Affairs Council.


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The coordinating council shall adopt procedures to govern its conduct as necessary and shall select a chair from among its members.  The chair shall serve a two-year term and the appointment of the chair shall alternate between a person who works in greater Minnesota and a person who works in the seven-county metropolitan area.

 

Subd. 3.  Coordinating council's duties.  The coordinating council shall develop an overall strategy to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota.  Additionally, the coordinating council shall:

 

(1) subject to approval by the commissioner of public safety, develop an operating procedures and policies manual to investigate gang and drug crime in a multijurisdictional manner;

 

(2) identify and recommend a candidate or candidates for statewide coordinator to the commissioner of public safety;

 

(3) assist the Department of Public Safety in developing grant eligibility criteria and operating an objective and conflict-free grant review application process;

 

(4) make recommendations to the commissioner of public safety to terminate grant funding for multijurisdictional entities if an entity no longer operates in accordance with subdivision 4, or no longer functions in a manner consistent with the best interests of the state or public;

 

(5) assist in developing a process to collect and share information to improve the investigation and prosecution of gang and drug offenses;

 

(6) develop and approve an operational budget for the coordinating council;

 

(7) develop policies that prohibit the improper use of personal characteristics such as race, color, national origin, gender, or religion to target individuals for law enforcement action, prosecution, or forfeiture action; and

 

(8) subject to approval by the commissioner of public safety, adopt narrowly tailored, objective criteria and identifying characteristics for use in determining whether individuals are or may be members of gangs involved in criminal activity.  The council shall review and update the criteria and characteristics adopted under this clause every two years with the objective to ensure effectiveness and relevance to the accurate identification of subjects actively involved in criminal gang activity.  As part of its review process, the council shall obtain input from members of communities that are impacted by criminal gang activity.  Before adopting any changes under this clause, the council must submit its recommendations to the commissioner of public safety for approval.

 

Subd. 4.  Duties and authority of commissioner.  (a) The commissioner of public safety shall certify multijurisdictional entities, and their designated fiscal agents, that are established pursuant to this section to combat gang and drug crime and receive grant funding under subdivision 9.  To certify an entity and its designated fiscal agent, the commissioner shall require that a multijurisdictional entity:

 

(1) be subject to the operational command and supervision of one of the participating agencies;

 

(2) be subject to a biennial operational and financial audit contracted out to an external organization not associated with the multijurisdictional entity and designed to ensure that the entity and its designated fiscal agent are in compliance with applicable legal requirements, proper law enforcement standards and practices, and effective financial controls;

 

(3) have adequate staffing and funding to support law enforcement, prosecutorial, and financial operations, including bookkeeping, evidence handling, and inventory recording; and


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(4) be subject to any other conditions the commissioner deems necessary to carry out the purposes of this section.

 

The commissioner may use grant funds authorized under subdivision 9 to pay for costs incurred in conducting audits under clause (2).

 

(b) A multijurisdictional entity, and its designated fiscal agent, must be certified annually by the commissioner and may not operate under this section unless it is certified.  If the commissioner revokes an entity's or fiscal agent's certification, the commissioner may order, for purposes relating to this section, any or all of the following:

 

(1) dissolution of the entity, its governing boards, or both;

 

(2) transfer of duties of the entity, its governing boards, or both, to the Department of Public Safety; and

 

(3) any other action deemed necessary by the commissioner.

 

Notwithstanding any action taken by the commissioner, any outstanding obligations or liabilities of the entity remain with the entity and the parties of the agreement and do not transfer.

 

(c) An agreement entered into pursuant to section 471.59 and this section shall provide that the parties to the agreement are subject to the provisions in this subdivision and shall provide for the disposition of property and allocation of obligations upon voluntary or mandated dissolution of the entity or upon termination of the agreement. 

 

(d) Except as provided in section 5, a multijurisdictional entity that is operating on the effective date of this section pursuant to section 299A.641 shall have until December 31, 2010, to be certified under this section.

 

Subd. 5.  Statewide coordinator.  The commissioner of public safety shall appoint a statewide coordinator.  The coordinator serving in the unclassified service shall:

 

(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;

 

(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang and drug crime;

 

(3) facilitate training for personnel;

 

(4) monitor compliance with investigative protocols; and

 

(5) review audits conducted under subdivision 4, take corrective actions based on audit results, and submit a summary report of the audits and any corrective actions to the commissioner of public safety.

 

Subd. 6.  Participating officers; employment status.  All participating law enforcement officers must be licensed peace officers as defined in section 626.84, subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453.  Participating officers remain employees of the same entity that employed them before joining any multijurisdictional entity established under this section.  Participating officers are not employees of the state.  Participating officers shall be subject to annual performance reviews conducted by the entity's operational supervisor.

 

Subd. 7.  Jurisdiction and powers.  Law enforcement officers participating in any multijurisdictional entity established under this section have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff.


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Subd. 8.  Evidence handling.  A multijurisdictional entity established pursuant to this section shall process all seized cash, physical assets, and evidence through the standard evidence handling procedures established by the participating agencies.

 

Subd. 9.  Grants authorized.  The commissioner of public safety may make grants to state and local units of government to combat gang and drug crime.  When awarding grants, the commissioner shall consider awarding grants under this section to fund community-based gang intervention and prevention efforts for youth.

 

Subd. 10.  Coordinating council is permanent.  Notwithstanding section 15.059, this section does not expire.

 

Subd. 11.  Governing board; prosecutor's role.  (a) A multijurisdictional entity established under this section shall create a governing board consisting of the chief law enforcement officer, or designee, from each participating agency, a prosecutor from one of the participating agencies, and up to three additional members selected by the governing board.  A governing board shall have no less than six members. 

 

(b) The prosecutor on the governing board shall have the following responsibilities:

 

(1) to recommend to the governing board the nature and frequency of training for officers assigned to a multijurisdictional entity in order to increase successful prosecutions;

 

(2) to advise on the lawful handling and processing of seized property and evidence and forfeited property and money; and

 

(3) to ensure that seizures and forfeitures are reported in accordance with section 609.5315, subdivision 6.

 

Subd. 12.  Funding.  Participating agencies may accept lawful grants or contributions from any federal source or legal business or entity.

 

Subd. 13.  Role of attorney general.  The attorney general or a designee shall generally advise on any matters that the coordinating council deems appropriate.

 

Subd. 14.  Attorney general; community liaison.  (a) The attorney general or a designee shall serve as a liaison between the coordinating council and the councils created in sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or designee will be responsible for:

 

(1) informing the councils of the plans, activities, and decisions and hearing their reactions to those plans, activities, and decisions; and

 

(2) providing the coordinating council with the position of the councils on the coordinating council's plan, activities, and decisions.

 

(b) In no event is the coordinating council required to disclose the names of individuals identified by it to the councils referenced in this subdivision.

 

(c) Nothing in this subdivision changes the data classification of any data held by the coordinating council.

 

Subd. 15.  Required reports.  By February 1 of each year, the commissioner of public safety shall submit the following reports to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding: 

 

(1) a report containing a summary of all audits conducted on multijurisdictional entities under subdivision 4;


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(2) a report on the results of audits conducted on data submitted to the criminal gang investigative data system under section 299C.091; and

 

(3) a report on the activities and goals of the coordinating council. 

 

Sec. 2.  Minnesota Statutes 2008, section 299C.091, subdivision 4, is amended to read:

 

Subd. 4.  Audit of data submitted to system; reports.  (a) At least once every three years, the bureau shall conduct periodic random audits of data under subdivision 2 that documents inclusion of an individual in, and removal of an individual from, the criminal gang investigative data system for the purpose of determining the validity, completeness, and accuracy of data submitted to the system.  The bureau has access to the documenting data for purposes of conducting an audit.  By October 1 of each year, the bureau shall submit a report on the results of the audits to the commissioner of public safety.

 

(b) If any audit requirements under federal rule or statute overlap with requirements in paragraph (a), the audit required by paragraph (a) may be done in conjunction with the federal audit to the extent they overlap.  Nothing in this paragraph shall be construed to eliminate any audit requirements specified in this subdivision.

 

Sec. 3.  Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:

 

Subd. 2.  Purpose.  CIBRS is a statewide system containing data from law enforcement agencies.  Data in CIBRS must be made available to law enforcement agencies in order to:

 

(1) prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has investigative authority,;

 

(2) serve process in a criminal case;

 

(3) inform law enforcement officers of possible safety issues before service of process;

 

(4) enforce no contact orders;

 

(5) locate missing persons; or

 

for purposes of (6) conduct background investigations required by section 626.87.

 

Sec. 4.  Minnesota Statutes 2008, section 609.531, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.

 

(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it.  The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.

 

(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.

 

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

 

(d) "Contraband" means property which is illegal to possess under Minnesota law.


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(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Division of Insurance Fraud Prevention, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park rangers, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, or a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.

 

(f) "Designated offense" includes:

 

(1) for weapons used:  any violation of this chapter, chapter 152, or chapter 624;

 

(2) for driver's license or identification card transactions:  any violation of section 171.22; and

 

(3) for all other purposes:  a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324.

 

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

 

Sec. 5.  MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES. 

 

A joint powers entity established pursuant to Minnesota Statutes, section 299A.641, before the effective date of this section that included as parties to the joint powers agreement two counties with a population over 500,000 each is dissolved and any governing or advisory board established by the terms of the agreement is also dissolved.  All current and future obligations and liabilities of the joint powers entity remain with the parties to the agreement and do not transfer to the state.

 

For purposes of this section, "population" means the most recent population estimate made by the state demographer under Minnesota Statutes, section 4A.02.

 

EFFECTIVE DATE.  This section is effective July 1, 2011.

 

Sec. 6.  WORK GROUP. 

 

(a) The superintendent of the Bureau of Criminal Apprehension shall convene a work group of stakeholders and interested parties to:  (1) discuss issues and laws pertaining to criminal intelligence databases; and (2) make recommendations on proposed legislative changes for the classification, storage, dissemination, and use of criminal investigative data, including data from other states, and for guidelines governing usage and collection of criminal investigative data held by law enforcement agencies.  The work group shall be chaired by a representative from the Bureau of Criminal Apprehension and a representative from the Minnesota Coalition on Government Information.  The work group must include one representative from each of the following organizations:  the Minnesota Sheriffs' Association; the Minnesota Chiefs of Police Association; the Minnesota Police and Peace Officers Association; the American Civil Liberties Union — Minnesota; the Minnesota Newspaper Association; the National Association for the Advancement of Colored People; the councils created in Minnesota Statutes, sections 3.922, 3.9223, 3.9225, and 3.9226; the Board of Public Defense; the Minnesota County Attorneys Association; and the Minnesota City


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Attorneys Association; and a citizen member who is knowledgeable in data privacy issues.  The work group must be balanced between law enforcement and nonlaw enforcement representatives.  The work group shall not exceed 20 members, including chairs.  In its discussions, the work group shall balance public safety and privacy interests, state policy according to Minnesota Statutes, section 260B.002, oversight, minimization of discretion, and regulation of the collection of these data, including the individualized criteria for inclusion in a computerized gang database.

 

(b) By February 1, 2011, the work group shall submit an executive summary document to the chairs and ranking minority members of the committees of the senate and house of representatives with jurisdiction over criminal justice and data practices issues.  The document must summarize the work group meetings and outline proposed legislative changes to implement recommendations on which there is agreement.  The Department of Public Safety shall provide administrative support to the work group.

 

Sec. 7.  REVISOR INSTRUCTION. 

 

The revisor of statutes shall replace references to Minnesota Statutes, section 299A.641, in statutes and rules with a reference to Minnesota Statutes, section 299A.642, and shall make any other changes to statutory cross-references as necessitated by this bill.

 

Sec. 8.  REPEALER. 

 

Minnesota Statutes 2008, section 299A.641, is repealed.

 

EFFECTIVE DATE.  This section is effective December 31, 2010."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; establishing a certification process for multijurisdictional gang and drug task forces; establishing a Violent Crime Coordinating Council; modifying criminal gang investigative data system audit requirements; delineating uses of data in the comprehensive incident-based reporting system; providing for application of forfeiture requirements; establishing a work group; amending Minnesota Statutes 2008, sections 299C.091, subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008, section 299A.641."

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Mee Moua, D. Scott Dibble, Patricia Torres Ray, Satveer Chaudhary and Paul Koering.

 

House Conferees:  Michael Paymar, Debra Hilstrom, John Lesch, Bobby Joe Champion and Mary Liz Holberg.

 

 

      Paymar moved that the report of the Conference Committee on S. F. No. 2725 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

S. F. No. 2725, A bill for an act relating to public safety; establishing a certification process for multijurisdictional gang and drug task forces; regulating law enforcement criminal gang investigative databases; classifying data received from law enforcement agencies in other states; changing membership of a council; delineating uses of data in the comprehensive incident-based reporting system; restricting the acquisition of cell


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phone tracking devices; amending Minnesota Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091, subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 626; 626A.

 

 

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

 

      The question was taken on the repassage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kiffmeyer

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

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

 

 

Madam Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 2839.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. NO. 2839

 

A bill for an act relating to commerce; regulating various licensees and other entities; modifying definitions, informational requirements, continuing education requirements, information reporting requirements, and notice requirements; making various housekeeping, technical, and clarifying changes; regulating securities; reorganizing


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and modifying various provisions relating to real estate brokers, salespersons, and closing agents; modifying the membership requirements of, and appointment authority to, the real estate appraiser advisory board; regulating certain workers' compensation self-insurers; amending Minnesota Statutes 2008, sections 45.0112; 60A.031, subdivision 4; 60A.084; 60A.204; 60A.36, by adding a subdivision; 60K.31, subdivision 10; 61A.092, subdivision 3; 62A.046, subdivision 6, by adding a subdivision; 62A.17, subdivision 5; 62A.3099, subdivision 17; 62A.65, subdivision 2; 62E.02, subdivision 15; 62E.14, subdivision 4c; 62L.05, subdivision 4; 62S.24, subdivision 8; 62S.266, subdivision 4; 62S.29, subdivision 1; 72A.08, subdivision 4; 72A.12, subdivision 4; 72A.20, subdivisions 10, 36, 37; 72A.492, subdivision 2; 72A.51, subdivision 2; 72B.01; 72B.08, subdivision 8; 79A.03, subdivision 8; 79A.06, subdivision 5; 79A.21, subdivision 3; 80A.41; 80A.46; 80A.65, subdivision 6; 82.17, subdivision 15, by adding subdivisions; 82.19; 82.21, subdivision 2; 82.24, subdivision 3; 82.29, subdivisions 4, 5, 8; 82.31, subdivisions 1, 2; 82.33, subdivisions 1, 2, by adding a subdivision; 82.34, subdivisions 1, 2, 4, 5, 13; 82.39; 82.41, subdivisions 1, 2, by adding a subdivision; 82.45, subdivision 3, by adding subdivisions; 82.48, subdivisions 2, 3; 82B.05, as amended; 82B.06; 82B.14; 326.3382, subdivision 3; 326B.33, subdivision 16; 326B.56, subdivision 2; 326B.86, subdivision 2; 326B.921, subdivision 6; 327B.04, subdivision 4; 332.34; 340A.409, subdivision 1; Minnesota Statutes 2009 Supplement, sections 45.027, subdivision 1; 45.30, subdivision 4; 60A.39, subdivisions 1, 4, 5; 60A.9572, subdivision 6; 60K.361; 62A.3099, subdivision 18; 65A.29, subdivision 13; 72B.03, subdivision 2; 72B.045, subdivision 1; 72B.06; 82.31, subdivision 4; 82.32; 326B.46, subdivision 2; Laws 2007, chapter 147, article 12, section 14; proposing coding for new law in Minnesota Statutes, chapters 82; 332; repealing Minnesota Statutes 2008, sections 72B.04; 82.19, subdivision 3; 82.22, subdivisions 1, 6, 7, 8, 9; 82.31, subdivision 6; 82.34, subdivision 16; 82.41, subdivisions 3, 7; 332.31, subdivision 7; 332.335; Minnesota Statutes 2009 Supplement, sections 65B.133, subdivision 3; 72B.02, subdivision 11.

 

May 14, 2010

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2839 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2839 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 45.0112, is amended to read:

 

45.0112 STREET AND E-MAIL ADDRESSES REQUIRED. 

 

Licensees or applicants for licenses issued by the commissioner shall provide to the commissioner a residence telephone number, a street address where the licensee actually resides, and a street address where the licensee's business is physically located, and a current e-mail address for business use.  A post office box address is not sufficient to satisfy this requirement.  The individual shall notify the department of any change in street address, e‑mail address for business use, or residence telephone number within ten days.

 

Sec. 2.  Minnesota Statutes 2009 Supplement, section 45.027, subdivision 1, is amended to read:

 

Subdivision 1.  General powers.  In connection with the duties and responsibilities entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner of commerce may:


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(1) make public or private investigations within or without this state as the commissioner considers necessary to determine whether any person has violated or is about to violate any law, rule, or order related to the duties and responsibilities entrusted to the commissioner;

 

(2) require or permit any person to file a statement in writing, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter being investigated;

 

(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the duties and responsibilities entrusted to the commissioner;

 

(4) conduct investigations and hold hearings for the purpose of compiling information related to the duties and responsibilities entrusted to the commissioner;

 

(5) examine the books, accounts, records, and files of every licensee, and of every person who is engaged in any activity regulated; the commissioner or a designated representative shall have free access during normal business hours to the offices and places of business of the person, and to all books, accounts, papers, records, files, safes, and vaults maintained in the place of business;

 

(6) publish information which is contained in any order issued by the commissioner;

 

(7) require any person subject to duties and responsibilities entrusted to the commissioner, to report all sales or transactions that are regulated.  The reports must be made within ten days after the commissioner has ordered the report.  The report is accessible only to the respondent and other governmental agencies unless otherwise ordered by a court of competent jurisdiction; and

 

(8) assess a licensee natural person or entity subject to the jurisdiction of the commissioner the necessary expenses of the investigation performed by the department when an investigation is made by order of the commissioner.  The cost of the investigation shall be determined by the commissioner and is based on the salary cost of investigators or assistants and at an average rate per day or fraction thereof so as to provide for the total cost of the investigation.  All money collected must be deposited into the general fund.  A natural person licensed under chapter 60K or 82 shall not be charged costs of an investigation if the investigation results in no finding of a violation.  This clause does not apply to a natural person or entity already subject to the assessment provisions of sections 60A.03 and 60A.031.

 

Sec. 3.  Minnesota Statutes 2009 Supplement, section 45.30, subdivision 4, is amended to read:

 

Subd. 4.  Credit earned.  (a) Upon completion of approved courses, students must earn one hour of continuing education credit for each hour approved by the commissioner.  Continuing education courses must be attended in their entirety in order to receive credit for the number of approved hours.

 

(b) Qualified instructors will earn three hours of continuing education credit for each classroom hour of approved instruction that they deliver (1) independently, or (2) as part of a team presentation in a course of two hours or less, if they attend the course in its entirety.  For licensees other than appraisers, no more than half of the continuing education hours required for renewal of a license may be earned as a qualified instructor at the rate of three hours of continuing education credit for each classroom hour of approved instruction.  For licensed appraisers, no more than one-half of the continuing education hours required for renewal of a license may be earned as a qualified instructor.  No credit will be earned if the licensee has previously obtained credit for the same course as either a student or instructor during the same licensing period.

 

(c) A licensee must not receive credit for more than eight hours of continuing education in one day.


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Sec. 4.  Minnesota Statutes 2008, section 60A.031, subdivision 4, is amended to read:

 

Subd. 4.  Examination report; foreign and domestic companies.  (a) The commissioner shall make a full and true report of every examination conducted pursuant to this chapter, which shall include (1) a statement of findings of fact relating to the financial status and other matters ascertained from the books, papers, records, documents, and other evidence obtained by investigation and examination or ascertained from the testimony of officers, agents, or other persons examined under oath concerning the business, affairs, assets, obligations, ability to fulfill obligations, and compliance with all the provisions of the law of the company, applicant, organization, or person subject to this chapter and (2) a summary of important points noted in the report, conclusions, recommendations and suggestions as may reasonably be warranted from the facts so ascertained in the examinations.  The report of examination shall be verified by the oath of the examiner in charge thereof, and shall be prima facie evidence in any action or proceedings in the name of the state against the company, applicant, organization, or person upon the facts stated therein.

 

(b) No later than 60 days following completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath.  Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice which provides the company examined with a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to matters contained in the examination report.

 

(c) Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall fully consider and review the report, together with the written submissions or rebuttals and the relevant portions of the examiner's workpapers and enter an order:

 

(1) adopting the examination report as filed or with modification or corrections.  If the examination report reveals that the company is operating in violation of any law, rule, or prior order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure the violation;

 

(2) rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information, and refiling the report as required under paragraph (b); or

 

(3) calling for an investigatory hearing with no less than 20 days' notice to the company for purposes of obtaining additional documentation, data, information, and testimony.

 

(d)(1) All orders entered under paragraph (c), clause (1), must be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner workpapers, and any written submissions or rebuttals.  The order is a final administrative decision and may be appealed as provided under chapter 14.  The order must be served upon the company by certified mail, together with a copy of the adopted examination report.  Within 30 days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders.

 

(2) A hearing conducted under paragraph (c), clause (3), by the commissioner or authorized representative, must be conducted as a nonadversarial confidential investigatory proceeding as necessary for the resolution of inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the commissioner's review of relevant workpapers or by the written submission or rebuttal of the company.  Within 20 days of the conclusion of the hearing, the commissioner shall enter an order as required under paragraph (c), clause (1).

 

(3) The commissioner shall not appoint an examiner as an authorized representative to conduct the hearing.  The hearing must proceed expeditiously.  Discovery by the company is limited to the examiner's workpapers which tend to substantiate assertions in a written submission or rebuttal.  The commissioner or the commissioner's


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representative may issue subpoenas for the attendance of witnesses or the production of documents considered relevant to the investigation whether under the control of the department, the company, or other persons.  The documents produced must be included in the record.  Testimony taken by the commissioner or the commissioner's representative must be under oath and preserved for the record.

 

This section does not require the department to disclose information or records which would indicate or show the existence or content of an investigation or activity of a criminal justice agency.

 

(4) The hearing must proceed with the commissioner or the commissioner's representative posing questions to the persons subpoenaed.  Thereafter, the company and the department may present testimony relevant to the investigation.  Cross-examination may be conducted only by the commissioner or the commissioner's representative.  The company and the department shall be permitted to make closing statements and may be represented by counsel of their choice.

 

(e)(1) Upon the adoption of the examination report under paragraph (c), clause (1), the commissioner shall continue to hold the content of the examination report as private and confidential information for a period of 30 days except as otherwise provided in paragraph (b).  Thereafter, the commissioner may open the report for public inspection if a court of competent jurisdiction has not stayed its publication.

 

(2) Nothing contained in this subdivision prevents or shall be construed as prohibiting the commissioner from disclosing the content of an examination report, preliminary examination report or results, or any matter relating to the reports, to the Commerce Department or the insurance department of another state or country, or to law enforcement officials of this or another state or agency of the federal government at any time, if the agency or office receiving the report or matters relating to the report agrees in writing to hold it confidential and in a manner consistent with this subdivision.

 

(3) If the commissioner determines that regulatory action is appropriate as a result of an examination, the commissioner may initiate proceedings or actions as provided by law.

 

(f) All working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this subdivision, or in the course of market analysis, must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in paragraph (e).  Access may also be granted to the National Association of Insurance Commissioners (NAIC), the National Association of Securities Dealers Financial Industry Regulatory Authority, and any national securities association registered under the Securities Exchange Act of 1934.  The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.  For purposes of this section, "market analysis" means a process whereby market conduct surveillance personnel collect and analyze information from filed schedules, surveys, required reports, such as the NAIC Market Conduct Annual Statement, or other sources in order to develop a baseline profile of an insurer, review the operation or activity of an insurer, or to identify patterns or practices of insurers licensed to do business in this state that deviate significantly from the norm or that may pose a potential risk to the insurance consumer.

 

Sec. 5.  Minnesota Statutes 2008, section 60A.084, is amended to read:

 

60A.084 NOTIFICATION ON GROUP POLICIES. 

 

An employer providing life or health benefits may not change benefits, limit coverage, or otherwise restrict participation until the certificate holder or enrollee has been notified of any changes, limitations, or restrictions.  Notice in a format which meets the requirements of the Employee Retirement Income Security Act, United States Code Annotated, title 29, sections 1001 to 1461, United States Department of Labor is satisfactory for compliance with this section.


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Sec. 6.  Minnesota Statutes 2008, section 60A.204, is amended to read:

 

60A.204 ADDITIONAL CHARGES AND FEES AND COMMISSIONS. 

 

Subdivision 1.  Placement fees.  A surplus lines licensee may charge, in addition to the premium charged by an eligible or ineligible surplus lines insurer, a fee to cover the cost incurred in the placement of the policy which exceeds $25, but only to the extent that the actual additional cost incurred for services performed by persons or entities unrelated to the licensee exceeds that amount.

 

Subd. 2.  Regulation of fees.  A surplus lines licensee may charge a fee charged pursuant to subdivision 1 shall and commission, in addition to the premium, that is not be excessive or discriminatory.  The licensee shall maintain complete documentation of all fees and commissions charged.  Those fees shall not be included as part of the premium for purposes of the computation of the premium taxes.

 

Subd. 3.  Commission charges.  Notwithstanding the provisions of subdivision 1, a licensee may add a commission charge if the insurer quotes a rate net of commission and the commission is not excessive or discriminatory.

 

Sec. 7.  Minnesota Statutes 2008, section 60A.36, is amended by adding a subdivision to read:

 

Subd. 2a.  Third-party notices.  An insurer shall provide notice to a third party if:

 

(1) the policyholder has, separately from the certificate, notified the insurer of the identity of the third party; and

 

(2) the third party is a licensing authority authorized by statute to receive the notice or a state, city, or county governmental unit on whose behalf the insured is providing services.

 

Sec. 8.  Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 1, is amended to read:

 

Subdivision 1.  Issuance.  A licensed insurer or insurance producer may provide to a third party a certificate of insurance which documents insurance coverage.  The purpose of For the purposes of this chapter, a certificate of insurance is to provide a document that provides evidence of property or liability insurance coverage and the amount of insurance issued, and does not convey any contractual rights to the certificate holder.

 

Sec. 9.  Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 4, is amended to read:

 

Subd. 4.  Cancellation notice.  A certificate provided to a third party must not provide for notice of cancellation that exceeds the statutory notice of cancellation provided to the policyholder or a period of notice specified in the policy.

 

Sec. 10.  Minnesota Statutes 2009 Supplement, section 60A.39, subdivision 5, is amended to read:

 

Subd. 5.  Filing.  An insurer not using the standard ACORD or ISO form "Certificate of Insurance" shall file with the commissioner, prior to its use, the form of certificate or memorandum of insurance coverage that will be used a similar alternative "Certificate of Insurance" covering the same information for use by the insurer.  Filed forms may not be amended at the request of a third party.

 

EFFECTIVE DATE.  This section is effective January 1, 2011.


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Sec. 11.  Minnesota Statutes 2009 Supplement, section 60A.9572, subdivision 6, is amended to read:

 

Subd. 6.  Disclosures.  The applicant shall provide information on forms required by the commissioner.  The commissioner shall have authority, at any time, to require the applicant to fully disclose the identity of all stockholders who hold more than ten percent of the shares of the company, partners, officers, members, and employees, and the commissioner may, in the exercise of the commissioner's discretion, refuse to issue a license in the name of a legal entity if not satisfied that any officer, employee, stockholder, partner, or member of the legal entity who may materially influence the applicant's conduct meets the standards of sections 60A.957 to 60A.9585.

 

Sec. 12.  Minnesota Statutes 2008, section 60K.31, subdivision 10, is amended to read:

 

Subd. 10.  Limited lines insurance.  "Limited lines insurance" means those lines of insurance defined in section 60K.38, subdivision 1, paragraph (c), or any other line of insurance that the commissioner considers necessary to recognize for the purposes of complying with section 60K.39, subdivision 5 6. 

 

Sec. 13.  Minnesota Statutes 2009 Supplement, section 60K.361, is amended to read:

 

60K.361 INSURANCE EDUCATION. 

 

(a) Prelicense education must consist of 20 hours of education per line of authority.

 

(b) The first ten hours course must be include an introduction to insurance and insurance-related concepts covering all of the major lines of authority except variable life and variable annuities.  The course must consist of the following:

 

(1) rules, regulations, and law;

 

(2) basic fundamentals of insurance;

 

(3) property:

 

(i) types of policies;

 

(ii) policy provisions;

 

(iii) perils, exclusions, deductibles, and liability; and

 

(iv) evaluating needs;

 

(4) casualty:

 

(i) types of policies;

 

(ii) policy provisions;

 

(iii) perils, exclusions, deductibles, and liability; and

 

(iv) evaluating needs;

 

(5) life:

 

(i) types of policies;


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(ii) policy provisions; and

 

(iii) group insurance; and

 

(6) accident and health:

 

(i) types of policies;

 

(ii) policy provisions; and

 

(iii) group insurance.

 

(c) The second ten hours of insurance prelicense education must be composed of Courses that cover a specific major line of authority and consist of must include the following:

 

(1) life:

 

(i) types of life insurance policies; and

 

(ii) Minnesota laws, rules, and regulations pertinent to life insurance;

 

(2) accident and health:

 

(i) types of health insurance policies; and

 

(ii) Minnesota laws, rules, and regulations pertinent to accident and health insurance;

 

(3) property:

 

(i) personal lines;

 

(ii) commercial lines; and

 

(iii) Minnesota laws, rules, and regulations pertinent to property insurance.

 

(4) casualty:

 

(i) personal lines;

 

(ii) commercial lines; and

 

(iii) Minnesota laws, rules, and regulations pertinent to casualty insurance; and

 

(5) personal lines:

 

(i) types of property/casualty personal lines insurance policies; and

 

(ii) Minnesota laws, rules, and regulations pertinent to property/casualty personal lines insurance.

 

EFFECTIVE DATE.  This section is effective July 1, 2010.


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Sec. 14.  Minnesota Statutes 2008, section 61A.092, subdivision 3, is amended to read:

 

Subd. 3.  Notice of options.  Upon termination of or layoff from employment of a covered employee, the employer shall inform the employee within 14 days after termination or layoff of:

 

(1) the employee's right to elect to continue the coverage;

 

(2) the amount the employee must pay monthly to the employer to retain the coverage;

 

(3) the manner in which and the office of the employer to which the payment to the employer must be made; and

 

(4) the time by which the payments to the employer must be made to retain coverage.

 

The employee has 60 days within which to elect coverage.  The 60-day period shall begin to run on the date coverage would otherwise terminate or on the date upon which notice of the right to coverage is received, whichever is later.

 

If the covered employee or covered dependent dies during the 60-day election period and before the covered employee makes an election to continue or reject continuation, then the covered employee will be considered to have elected continuation of coverage.  The beneficiary previously selected by the former employee or covered dependent would then be entitled to a death benefit equal to the amount of insurance that could have been continued less any unpaid premium owing as of the date of death.

 

Notice must be in writing and sent by first class mail to the employee's last known address which the employee has provided to the employer.

 

A notice in substantially the following form is sufficient:  "As a terminated or laid off employee, the law authorizes you to maintain your group insurance benefits, in an amount equal to the amount of insurance in effect on the date you terminated or were laid off from employment, for a period of up to 18 months.  To do so, you must notify your former employer within 60 days of your receipt of this notice that you intend to retain this coverage and must make a monthly payment of $............ at ............. by the ............. of each month."

 

Sec. 15.  Minnesota Statutes 2008, section 62A.046, subdivision 6, is amended to read:

 

Subd. 6.  Coordination of benefits.  Insurers, vendors of risk management services, nonprofit health service plan corporations, fraternals, and health maintenance organizations may coordinate benefits to prohibit greater than 100 percent coverage when an insured, subscriber, or enrollee is covered by both an individual and a group contract providing coverage for hospital and medical treatment or expenses.  Benefits coordinated under this paragraph must provide for 100 percent coverage of an insured, subscriber, or enrollee.  To the extent appropriate, all coordination of benefits provisions currently applicable by law or rule to insurers, vendors of risk management services, nonprofit health service plan corporations, fraternals, and health maintenance organizations, shall apply to coordination of benefits between individual and group contracts, except that the group contract shall always be the primary plan.  Notwithstanding the definition of "plan" in Minnesota Rules, part 2742.0200, subpart 2, and in Minnesota Rules, part 4685.0910, subpart 7, an individual contract must coordinate benefits with a group contract under this subdivision consistent with applicable coordination of benefit rules.  When a covered person's other coverage is Medicare or TRICARE, a health plan company must determine primacy and coordinate benefits in accordance with the Medicare Secondary Payor or TRICARE provisions of federal law.  This paragraph does not apply to specified accident, hospital indemnity, specified disease, or other limited benefit insurance policies.


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Sec. 16.  Minnesota Statutes 2008, section 62A.046, is amended by adding a subdivision to read:

 

Subd. 7.  High-deductible health plans.  If a health carrier is advised by a covered person that all health plans covering the person are high-deductible health plans and the person intends to contribute to a health savings account established in accordance with section 223 of the Internal Revenue Code of 1986, the primary high-deductible health plan's deductible is not an allowable expense, except for any health care expense incurred that may not be subject to the deductible as described in section 223(c)(2)(C) of the Internal Revenue Code of 1986.

 

Sec. 17.  Minnesota Statutes 2008, section 62A.17, subdivision 5, is amended to read:

 

Subd. 5.  Notice of options.  Upon the termination of or lay off from employment of an eligible employee, the employer shall inform the employee within ten 14 days after termination or lay off of:

 

(a) (1) the right to elect to continue the coverage;

 

(b) (2) the amount the employee must pay monthly to the employer to retain the coverage;

 

(c) (3) the manner in which and the office of the employer to which the payment to the employer must be made; and

 

(d) (4) the time by which the payments to the employer must be made to retain coverage.

 

If the policy, contract, or health care plan is administered by a trust, the employer is relieved of the obligation imposed by clauses (a) (1) to (d) (4).  The trust shall inform the employee of the information required by clauses (a) (1) to (d) (4).

 

The employee shall have 60 days within which to elect coverage.  The 60-day period shall begin to run on the date plan coverage would otherwise terminate or on the date upon which notice of the right to coverage is received, whichever is later.

 

Notice must be in writing and sent by first class mail to the employee's last known address which the employee has provided the employer or trust.

 

A notice in substantially the following form shall be sufficient:  "As a terminated or laid off employee, the law authorizes you to maintain your group medical insurance for a period of up to 18 months.  To do so you must notify your former employer within 60 days of your receipt of this notice that you intend to retain this coverage and must make a monthly payment of $.......... to ........... at .......... by the ............... of each month."

 

Sec. 18.  Minnesota Statutes 2008, section 62A.3099, subdivision 17, is amended to read:

 

Subd. 17.  Medicare-related coverage.  "Medicare-related coverage" means a policy, contract, or certificate issued as a supplement to Medicare, regulated under sections 62A.3099 to 62A.44, including Medicare select coverage; policies, contracts, or certificates that supplement Medicare issued by health maintenance organizations; or policies, contracts, or certificates governed by section 1833 (known as "cost" or "HCPP" contracts) or 1876 (known as "TEFRA" or "risk" "Cost" contracts) of the federal Social Security Act, United States Code, title 42, section 1395, et seq., as amended; or Section 4001 of the Balanced Budget Act of 1997 (BBA)(Public Law 105-33), Sections 1851 to 1859 of the Social Security Act establishing Part C of the Medicare program, known as the "Medicare Advantage program."

 

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


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Sec. 19.  Minnesota Statutes 2009 Supplement, section 62A.3099, subdivision 18, is amended to read:

 

Subd. 18.  Medicare supplement policy or certificate.  "Medicare supplement policy or certificate" means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than those policies or certificates covered by section 1833 1876 of the federal Social Security Act, United States Code, title 42, section 1395, et seq., or an issued policy under a demonstration project specified under amendments to the federal Social Security Act, which is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare or as a supplement to Medicare Advantage plans established under Medicare Part C.  "Medicare supplement policy" does not include Medicare Advantage plans established under Medicare Part C, outpatient prescription drug plans established under Medicare Part D, or any health care prepayment plan that provides benefits under an agreement under section 1833(a)(1)(A) of the Social Security Act, or any policy issued to an employer or employers or to the trustee of a fund established by an employer where only employees or retirees, and dependents of employees or retirees, are eligible for coverage, or any policy issued to a labor union or similar employee organization.

 

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

 

Sec. 20.  Minnesota Statutes 2008, section 62A.65, subdivision 2, is amended to read:

 

Subd. 2.  Guaranteed renewal.  No individual health plan may be offered, sold, issued, or renewed to a Minnesota resident unless the health plan provides that the plan is guaranteed renewable at a premium rate that does not take into account the claims experience or any change in the health status of any covered person that occurred after the initial issuance of the health plan to the person.  The premium rate upon renewal must also otherwise comply with this section.  A health carrier must not refuse to renew an individual health plan prior to enrollment in Medicare Parts A and B, except for nonpayment of premiums, fraud, or misrepresentation.

 

Sec. 21.  Minnesota Statutes 2008, section 62E.02, subdivision 15, is amended to read:

 

Subd. 15.  Medicare.  "Medicare" means part A and part B of the United States Social Security Act, title XVIII, as amended, United States Code, title 42, sections 1394, et seq.  the Health Insurance for the Aged Act, title XVIII of the Social Security Amendments of 1965, United States Code, title 42, sections 1395 to 1395hhh, as amended, or title I, part I, of Public Law 89-97, as amended.

 

Sec. 22.  Minnesota Statutes 2008, section 62E.14, subdivision 4c, is amended to read:

 

Subd. 4c.  Waiver of preexisting conditions for persons whose coverage is terminated or who exceed the maximum lifetime benefit.  (a) A Minnesota resident may enroll in the comprehensive health plan with a waiver of the preexisting condition limitation described in subdivision 3 if that persons's application for coverage is received by the writing carrier no later than 90 days after termination of prior coverage and if the termination is for reasons other than fraud or nonpayment of premiums.

 

For purposes of this paragraph, termination of prior coverage includes exceeding the maximum lifetime benefit of existing coverage.

 

Coverage in the comprehensive health plan is effective on the date of termination of prior coverage.  The availability of conversion rights does not affect a person's rights under this paragraph.

 

This section does not apply to prior coverage provided under policies designed primarily to provide coverage payable on a per diem, fixed indemnity, or nonexpense incurred basis, or policies providing only accident coverage.


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(b) An eligible individual, as defined under the Health Insurance Portability and Accountability Act (HIPAA), United States Code, chapter 42, section 300gg-41(b) may enroll in the comprehensive health insurance plan with a waiver of the preexisting condition limitation described in subdivision 3 and a waiver of the evidence of rejection or similar events described in subdivision 1, clause (c).  The eligible individual must apply for enrollment under this paragraph by submitting a substantially complete application that is received by the writing carrier no later than 63 days after termination of prior coverage, and coverage under the comprehensive health insurance plan is effective as of the date of receipt of the complete application.  The six-month durational residency requirement provided in section 62E.02, subdivision 13, does not apply with respect to eligibility for enrollment under this paragraph, but the applicant must be a Minnesota resident as of the date that the application was received by the writing carrier.  A person's eligibility to enroll under this paragraph does not affect the person's eligibility to enroll under any other provision. 

 

(c) A qualifying individual, as defined in the Internal Revenue Code of 1986, section 35(e)(2)(B), who is eligible under the Federal Trade Act of 2002 for the credit Health Coverage Tax Credit (HCTC) for health insurance costs under the Internal Revenue Code of 1986, section 35, may enroll in the comprehensive health insurance plan with a waiver of the preexisting condition limitation described in subdivision 3, and without presenting evidence of rejection or similar requirements described in subdivision 1, paragraph (c).  The six-month durational residency requirement provided in section 62E.02, subdivision 13, does not apply with respect to eligibility for enrollment under this paragraph, but the applicant must be a Minnesota resident as of the date of application.  A person's eligibility to enroll under this paragraph does not affect the person's eligibility to enroll under any other provision.  This paragraph is intended solely to meet the minimum requirements necessary to qualify the comprehensive health insurance plan as qualified health coverage under the Internal Revenue Code of 1986, section 35(e)(2). 

 

Sec. 23.  Minnesota Statutes 2008, section 62L.05, subdivision 4, is amended to read:

 

Subd. 4.  Benefits.  The medical services and supplies listed in this subdivision are the benefits that must be covered by the small employer plans described in subdivisions 2 and 3.  Benefits under this subdivision may be provided through the managed care procedures practiced by health carriers:

 

(1) inpatient and outpatient hospital services, excluding services provided for the diagnosis, care, or treatment of chemical dependency or a mental illness or condition, other than those conditions specified in clauses (10), and (11), and (12).  The health care services required to be covered under this clause must also be covered if rendered in a nonhospital environment, on the same basis as coverage provided for those same treatments or services if rendered in a hospital, provided, however, that this sentence must not be interpreted as expanding the types or extent of services covered;

 

(2) physician, chiropractor, and nurse practitioner services for the diagnosis or treatment of illnesses, injuries, or conditions;

 

(3) diagnostic x-rays and laboratory tests;

 

(4) ground transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition, or as otherwise required by the health carrier;

 

(5) services of a home health agency if the services qualify as reimbursable services under Medicare;

 

(6) services of a private duty registered nurse if medically necessary, as determined by the health carrier;

 

(7) the rental or purchase, as appropriate, of durable medical equipment, other than eyeglasses and hearing aids, unless coverage is required under section 62Q.675;


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(8) child health supervision services up to age 18, as defined in section 62A.047;

 

(9) maternity and prenatal care services, as defined in sections 62A.041 and 62A.047;

 

(10) inpatient hospital and outpatient services for the diagnosis and treatment of certain mental illnesses or conditions, as defined by the International Classification of Diseases-Clinical Modification (ICD-9-CM), seventh edition (1990) and as classified as ICD-9 codes 295 to 299; and

 

(11) ten hours per year of outpatient mental health diagnosis or treatment for illnesses or conditions not described in clause (10);

 

(12) 60 hours per year of outpatient treatment of chemical dependency; and

 

(13) (11) 50 percent of eligible charges for prescription drugs, up to a separate annual maximum out-of-pocket expense of $1,000 per individual for prescription drugs, and 100 percent of eligible charges thereafter.

 

Sec. 24.  [62L.0561] FLEXIBLE BENEFITS PLANS. 

 

Subdivision 1.  Definitions.  For the purposes of this section, the terms used in this section have the meanings defined in section 62Q.01, except that "health plan" includes individual coverage and group coverage for employer plans with up to 100 employees.

 

Subd. 2.  Flexible benefits plan.  Notwithstanding any provision of this chapter, chapter 363A, or any other law to the contrary, a health plan company may offer, sell, issue, and renew a health plan that is a flexible benefits plan under this section if the following requirements are satisfied:

 

(1) the health plan must be offered in compliance with the laws of this state, except as otherwise permitted in this section;

 

(2) the health plan must be designed to enable covered persons to better manage costs and coverage options through the use of co-pays, deductibles, and other cost-sharing arrangements;

 

(3) the health plan may modify or exclude any or all coverages of benefits that would otherwise be required by law, except for maternity benefits and other benefits required under federal law;

 

(4) each health plan and plan's premiums must be approved by the commissioner of health or commerce, whichever is appropriate under section 62Q.01, subdivision 2, but neither commissioner may disapprove a plan on the grounds of a modification or exclusion permitted under clause (3); and

 

(5) prior to the sale of the health plan, the purchaser must be given a written list of the coverages otherwise required by law that are modified or excluded in the health plan.  The list must include a description of each coverage in the list and indicate whether the coverage is modified or excluded.  If coverage is modified, the list must describe the modification.  The list may, but is not required to, also list any or all coverages otherwise required by law that are included in the health plan and indicate that they are included.  The health plan company must require that a copy of this written list be provided, prior to the effective date of the health plan, to each enrollee or employee who is eligible for health coverage under the plan.

 

Subd. 3.  Employer health plan.  An employer may provide a health plan permitted under this section to its employees, the employees' dependents, and other persons eligible for coverage under the employer's plan, notwithstanding chapter 363A or any other law to the contrary.

 

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


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Sec. 25.  Minnesota Statutes 2008, section 62S.24, subdivision 8, is amended to read:

 

Subd. 8.  Exchange for long-term care partnership policy; addition of policy rider.  (a) If authorized by federal law or a federal waiver is granted With respect to the long-term care partnership program referenced in section 256B.0571, issuers of long-term care policies may voluntarily exchange a current long-term care insurance policy for a long-term care partnership policy that meets the requirements of Public Law 109-171, section 6021, after the effective date of the state plan amendment implementing the partnership program in this state.  The exchange may be in the form of:  (1) an amendment or rider; or (2) a disclosure statement indicating that the coverage is now partnership qualified.

 

(b) If authorized by federal law or a federal waiver is granted With respect to the long-term care partnership program referenced in section 256B.0571, allowing to allow an existing long-term care insurance policy to qualify as a partnership policy by addition of a policy rider or amendment or disclosure statement, the issuer of the policy is authorized to add the rider or amendment or disclosure statement to the policy after the effective date of the state plan amendment implementing the partnership program in this state.

 

(c) The commissioner, in cooperation with the commissioner of human services, shall pursue any federal law changes or waivers necessary to allow the implementation of paragraphs (a) and (b).

 

Sec. 26.  Minnesota Statutes 2008, section 62S.266, subdivision 4, is amended to read:

 

Subd. 4.  Contingent benefit upon lapse.  (a) After rejection of the offer required under subdivision 2, for individual and group policies without nonforfeiture benefits issued after July 1, 2001, the insurer shall provide a contingent benefit upon lapse.

 

(b) If a group policyholder elects to make the nonforfeiture benefit an option to the certificate holder, a certificate shall provide either the nonforfeiture benefit or the contingent benefit upon lapse.

 

(c) The contingent benefit on lapse must be triggered every time an insurer increases the premium rates to a level which results in a cumulative increase of the annual premium equal to or exceeding the percentage of the insured's initial annual premium based on the insured's issue age provided in this paragraph, and the policy or certificate lapses within 120 days of the due date of the premium increase.  Unless otherwise required, policyholders shall be notified at least 30 days prior to the due date of the premium reflecting the rate increase.

 

                                                Triggers for a Substantial Premium Increase

 

                                                                                                                    Percent Increase Over

                                       Issue Age                                                                 Initial Premium

 

                                 29 and Under                                                                         200

                                               30-34                                                                         190

                                               35-39                                                                         170

                                               40-44                                                                         150

                                               45-49                                                                         130

                                               50-54                                                                         110

                                               55-59                                                                           90

                                                     60                                                                           70

                                                     61                                                                           66

                                                     62                                                                           62

                                                     63                                                                           58

                                                     64                                                                           54


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                                                     65                                                                           50

                                                     66                                                                           48

                                                     67                                                                           46

                                                     68                                                                           44

                                                     69                                                                           42

                                                     70                                                                           40

                                                     71                                                                           38

                                                     72                                                                           36

                                                     73                                                                           34

                                                     74                                                                           32

                                                     75                                                                           30

                                                     76                                                                           28

                                                     77                                                                           26

                                                     78                                                                           24

                                                     79                                                                           22

                                                     80                                                                           20

                                                     81                                                                           19

                                                     82                                                                           18

                                                     83                                                                           17

                                                     84                                                                           16

                                                     85                                                                           15

                                                     86                                                                           14

                                                     87                                                                           13

                                                     88                                                                           12

                                                     89                                                                           11

                                    90 and over                                                                           10

 

(d) A contingent benefit on lapse must also be triggered for policies with a fixed or limited premium paying period every time an insurer increases the premium rates to a level that results in a cumulative increase of the annual premium equal to or exceeding the percentage of the insured's initial annual premium set forth below based on the insured's issue age, the policy or certificate lapses within 120 days of the due date of the premium so increased, and the ratio in paragraph (e) (f), clause (2), is 40 percent or more.  Unless otherwise required, policyholders shall be notified at least 30 days prior to the due date of the premium reflecting the rate increase.

 

                                                Triggers for a Substantial Premium Increase

 

                                                                                                                         Percent Increase

                                         Issue Age                                                          Over Initial Premium

 

                                         Under 65                                                                        50%

                                               65-80                                                                        30%

                                           Over 80                                                                        10%

 

This provision shall be in addition to the contingent benefit provided by paragraph (c) and where both are triggered, the benefit provided must be at the option of the insured.

 

(e) On or before the effective date of a substantial premium increase as defined in paragraph (c), the insurer shall:

 

(1) offer to reduce policy benefits provided by the current coverage without the requirement of additional underwriting so that required premium payments are not increased;


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(2) offer to convert the coverage to a paid-up status with a shortened benefit period according to the terms of subdivision 5.  This option may be elected at any time during the 120-day period referenced in paragraph (c); and

 

(3) notify the policyholder or certificate holder that a default or lapse at any time during the 120-day period referenced in paragraph (c) is deemed to be the election of the offer to convert in clause (2).

 

(f) On or before the effective date of a substantial premium increase as defined in paragraph (d), the insurer shall:

 

(1) offer to reduce policy benefits provided by the current coverage without the requirement of additional underwriting so that required premium payments are not increased;

 

(2) offer to convert the coverage to a paid-up status where the amount payable for each benefit is 90 percent of the amount payable in effect immediately prior to lapse times the ratio of the number of completed months of paid premiums divided by the number of months in the premium paying period.  This option may be elected at any time during the 120-day period referenced in paragraph (d); and

 

(3) notify the policyholder or certificate holder that a default or lapse at any time during the 120-day period referenced in paragraph (d) shall be deemed to be the election of the offer to convert in clause (2) if the ratio is 40 percent or more.

 

Sec. 27.  Minnesota Statutes 2008, section 62S.29, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  An insurer or other entity marketing long-term care insurance coverage in this state, directly or through its producers, shall:

 

(1) establish marketing procedures and agent training requirements to assure that any marketing activities, including any comparison of policies by its agents or other producers, are fair and accurate;

 

(2) establish marketing procedures to assure excessive insurance is not sold or issued;

 

(3) display prominently by type, stamp, or other appropriate means, on the first page of the outline of coverage and policy, the following:

 

"Notice to buyer:  This policy may not cover all of the costs associated with long-term care incurred by the buyer during the period of coverage.  The buyer is advised to review carefully all policy limitations.";

 

(4) provide copies of the disclosure forms required in section 62S.081, subdivision 4, to the applicant;

 

(5) inquire and otherwise make every reasonable effort to identify whether a prospective applicant or enrollee for long-term care insurance already has long-term care insurance and the types and amounts of the insurance;

 

(6) establish auditable procedures for verifying compliance with this subdivision;

 

(7) if applicable, provide written notice to the prospective policyholder and certificate holder, at solicitation, that a senior insurance counseling program approved by the commissioner, the Senior LinkAge Line, is available and the name, address, and telephone number of the program;

 

(8) use the terms "noncancelable" or "level premium" only when the policy or certificate conforms to section 62S.14; and

 

(9) provide an explanation of contingent benefit upon lapse provided for in section 62S.266.


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Sec. 28.  Minnesota Statutes 2009 Supplement, section 65A.29, subdivision 13, is amended to read:

 

Subd. 13.  Notice of possible cancellation.  (a) A written notice must be provided to all applicants for homeowners' insurance, at the time the application is submitted, containing the following language in bold print:  "THE INSURER MAY ELECT TO CANCEL COVERAGE AT ANY TIME DURING THE FIRST 60 59 DAYS FOLLOWING ISSUANCE OF THE COVERAGE FOR ANY REASON WHICH IS NOT SPECIFICALLY PROHIBITED BY STATUTE."

 

(b) If the insurer provides the notice on the insurer's Web site, the insurer or agent may advise the applicant orally or in writing of its availability for review on the insurer's Web site in lieu of providing a written notice, if the insurer advises the applicant of the availability of a written notice upon the applicant's request.  The insurer shall provide the notice in writing if requested by the applicant.  An oral notice shall be presumed delivered if the agent or insurer makes a contemporaneous notation in the applicant's record of the notice having been delivered or if the insurer or agent retains an audio recording of the notification provided to the applicant.

 

Sec. 29.  Minnesota Statutes 2008, section 72A.08, subdivision 4, is amended to read:

 

Subd. 4.  Exceptions.  (a) The provisions of this section shall not apply to any policy procured by officers, agents, subagents, employees, intermediaries, or representatives wholly and solely upon property of which they are, respectively, the owner at the time of procuring the policy, where the officers, agents, subagents, employees, intermediaries, or representatives are, and have been for more than six months prior to the issuing of the policy, regularly employed by, or connected with, the company or association issuing the policy; and any life insurance company doing business in this state may issue industrial policies of life or endowment insurance, with or without annuities, with special rates of premiums less than the usual rates of premiums for these policies, to members of labor organizations, credit unions, lodges, beneficial societies, or similar organizations, or employees of one employer, who, through their secretary or employer, may take out insurance in an aggregate of not less than 50 members and pay their premiums through the secretary or employer.

 

(b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance policy or product.

 

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

 

Sec. 30.  Minnesota Statutes 2008, section 72A.12, subdivision 4, is amended to read:

 

Subd. 4.  Discrimination; rebates.  (a) No life insurance company doing business in this state shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class and equal expectation of life in the amount or payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts it makes; nor shall any such company or agent thereof make any contract of insurance or agreement as to such contract other than as plainly expressed in the policy issued thereon; nor shall any such company or any officer, agent, solicitor, or representative thereof pay, allow or give, or offer to pay, allow or give, directly or indirectly, as inducement to insurance, any rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefits to accrue thereon or any paid employment or contract for services of any kind, or any valuable consideration or inducement whatever not specified in the policy contract of insurance.

 

Any violation of the provisions of this subdivision shall be a misdemeanor and punishable as such.

 

(b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance policy or product.

 

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


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Sec. 31.  Minnesota Statutes 2008, section 72A.20, subdivision 10, is amended to read:

 

Subd. 10.  Rebates.  (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, annuity, or accident and health insurance, or agreement as to such contract, other than as plainly expressed in the contract issued thereon, or paying or allowing or giving, or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving or selling or purchasing, or offering to give, sell, or purchase, as inducement to such insurance or annuity, or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract, shall constitute an unfair method of competition and an unfair and deceptive act or practice.

 

(b) A promotional advertising item of $25 or less or a gift of $25 or less per year is not a rebate if the receipt of the item or gift is not conditioned upon purchase of an insurance policy or product.

 

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

 

Sec. 32.  Minnesota Statutes 2008, section 72A.20, subdivision 36, is amended to read:

 

Subd. 36.  Limitations on the use of credit information.  (a) No insurer or group of affiliated insurers may reject, cancel, or nonrenew a policy of private passenger motor vehicle insurance as defined under section 65B.01 or a policy of homeowner's insurance as defined under section 65A.27, for any person in whole or in part on the basis of credit information, including a credit reporting product known as a "credit score" or "insurance score," without consideration and inclusion of any other applicable underwriting factor.

 

(b) If credit information, credit scoring, or insurance scoring is to be used in underwriting, the insurer must disclose to the consumer that credit information will be obtained and used as part of the insurance underwriting process.

 

(c) Insurance inquiries and non-consumer-initiated inquiries must not be used as part of the credit scoring or insurance scoring process.

 

(d) If a credit score, insurance score, or other credit information relating to a consumer, with respect to the types of insurance referred to in paragraph (a), is adversely impacted or cannot be generated because of the absence of a credit history, the insurer must exclude the use of credit as a factor in the decision to reject, cancel, or nonrenew.

 

(e) Insurers must upon the request of a policyholder reevaluate the policyholder's score.  Any change in premium resulting from the reevaluation must be effective upon the renewal of the policy.  An insurer is not required to reevaluate a policyholder's score pursuant to this paragraph more than twice in any given calendar year.

 

(f) Insurers must upon request of the applicant or policyholder provide reasonable underwriting exceptions based upon prior credit histories for persons whose credit information is unduly influenced by expenses related to a catastrophic injury or illness, temporary loss of employment, or the death of an immediate family member.  The insurer may require reasonable documentation of these events prior to granting an exception.

 

(g) A credit scoring or insurance scoring methodology must not be used by an insurer if the credit scoring or insurance scoring methodology incorporates the gender, race, nationality, or religion of an insured or applicant.

 

(h) Insurers that employ a credit scoring or insurance scoring system in underwriting of coverage described in paragraph (a) must have on file with the commissioner:


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(1) the insurer's credit scoring or insurance scoring methodology; and

 

(2) information that supports the insurer's use of a credit score or insurance score as an underwriting criterion.

 

(i) Insurers described in paragraph (g) (h) shall file the required information with the commissioner within 120 days of August 1, 2002, or prior to implementation of a credit scoring or insurance scoring system by the insurer, if that date is later.

 

(j) Information provided by, or on behalf of, an insurer to the commissioner under this subdivision is trade secret information under section 13.37.

 

Sec. 33.  Minnesota Statutes 2008, section 72A.20, subdivision 37, is amended to read:

 

Subd. 37.  Electronic transmission of required information.  (a) A health carrier, as defined in section 62A.011, subdivision 2, is not in violation of this chapter for electronically transmitting or electronically making available information otherwise required to be delivered in writing under chapters 62A to 62Q and 72A to an enrollee as defined in section 62Q.01, subdivision 2a, or to a health plan as defined in paragraph (b), and with the requirements of those chapters if the following conditions are met: 

 

(1) the health carrier informs the group policyholder or the enrollee or both that electronic transmission or access is available and, at the discretion of the health carrier, the enrollee is given one of the following options:

 

(i) electronic transmission or access will occur only if the group policyholder or the enrollee or both affirmatively requests to the health carrier that the required information be electronically transmitted or available and a record of that request is retained by the health carrier; or

 

(ii) electronic transmission or access will automatically occur if the group policyholder or the enrollee or both has not opted out of that manner of transmission by request to the health carrier and requested that the information be provided in writing.  If the group policyholder or the enrollee or both opts out of electronic transmission, a record of that request must be retained by the health carrier;

 

(2) the group policyholder or the enrollee or both is allowed to withdraw the request at any time;

 

(3) if the information transmitted electronically contains individually identifiable data, it must be transmitted to a secured mailbox.  If the information made available electronically contains individually identifiable data, it must be made available at a password-protected secured Web site;

 

(4) the group policyholder or the enrollee or both is provided a customer service number on the enrollee's member card that may be called to request a written copy of the document; and

 

(5) the electronic transmission or electronic availability meets all other requirements of this chapter including, but not limited to, size of the typeface and any required time frames for distribution.

 

(b) For the purpose of this section, "health plan" means a health plan as defined in section 62A.011 or a policy of accident and sickness insurance as defined in section 62A.01.

 

Sec. 34.  Minnesota Statutes 2008, section 72A.492, subdivision 2, is amended to read:

 

Subd. 2.  Covered persons.  The rights granted by sections 72A.49 to 72A.505 extend to:


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(1) a person who is a resident of this state and is the subject of information collected, received, or maintained in connection with an insurance transaction; and

 

(2) a person who is a resident of this state and engages in or seeks to engage in an insurance transaction.

 

Sec. 35.  Minnesota Statutes 2008, section 72A.51, subdivision 2, is amended to read:

 

Subd. 2.  Return of policy or contract; notice.  Any individual person may cancel an individual policy of insurance against loss or damage by reason of the sickness of the assured or the assured's dependents, a nonprofit health service plan contract providing benefits for hospital, surgical and medical care, a health maintenance organization subscriber contract, or a policy of insurance authorized by section 60A.06, subdivision 1, clause (4), except Medicare-related coverage as defined in section 62A.3099, subdivision 17, and long-term care insurance as defined in section 62S.01, subdivision 18, by returning the policy or contract and by giving written notice of cancellation any time before midnight of the tenth day following the date of purchase.  Notice of cancellation may be given personally or by mail.  The policy or contract may be returned personally or by mail.  If by mail, the notice or return of the policy or contract is effective upon being postmarked, properly addressed and postage prepaid.

 

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

 

Sec. 36.  Minnesota Statutes 2008, section 72B.01, is amended to read:

 

72B.01 PURPOSE AND SCOPE. 

 

It is the purpose of sections 72B.01 to 72B.14 to provide high quality service to insureds and insurance claimants in the state of Minnesota by providing for well trained adjusters and persons engaged in soliciting business for adjusters, who are qualified to deal with the public in the interest of a fair resolution of insurance claims.  Sections 72B.01 to 72B.14 shall apply to all adjusters, and adjusters' solicitors, except as specifically stated to the contrary; but nothing in sections 72B.01 to 72B.14 shall apply to:

 

(a) An attorney at law who is licensed or otherwise allowed to practice law in this state and who does not hold out to be an adjuster, or adjuster's solicitor.

 

(b) A licensed agent of an authorized insurer who adjusts losses for such insurer solely under policies issued by the agent or the agent's agency or on which the agent is the agent of record, provided the agent receives no extra compensation for such services.

 

(c) Personnel of township mutual companies.

 

(d) Adjusters for crop hail and farm windstorm damage claims who are on the staff of companies covering such risks.

 

(e) Persons who process life insurance annuity contract or accident and health insurance claims.

 

(f) Persons processing or adjusting wet marine or inland transportation claims or losses.

 

Sec. 37.  Minnesota Statutes 2009 Supplement, section 72B.03, subdivision 2, is amended to read:

 

Subd. 2.  Classes of licenses.  (a) Unless denied licensure pursuant to section 72B.08, persons who have met the requirements of section 72B.04 72B.041 must be issued an adjuster license.  There shall be four classes of licenses, as follows:

 

(1) independent adjuster's license;


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(2) public adjuster's license;

 

(3) public adjuster solicitor's license; and

 

(4) crop hail adjuster's license.

 

(b) An independent adjuster and a public adjuster may qualify for a license in one or more of the following lines of authority:

 

(1) property and casualty; or

 

(2) workers' compensation; or

 

(3) crop.

 

(c) Any person holding a license pursuant to this section is not required to hold any other independent adjuster, public adjuster, insurance, or self-insurance administrator license in this state pursuant to section 60A.23, subdivision 8, or any other provision, provided that the person does not act as an adjuster with respect to life, health, or annuity insurance, other than disability insurance.

 

(d) An adjuster license remains in effect unless probated, suspended, revoked, or refused as long as the fee set forth in section 72B.04, subdivision 10 72B.041, subdivision 9, is paid and all other requirements for license renewal are met by the due date, otherwise, the license expires.

 

(e) An adjuster whose license expires may, within 12 months of the renewal date, be reissued an adjuster license upon receipt of the renewal request, as prescribed by the commissioner; however, a penalty in the amount of double the unpaid renewal fee is required to reissue the expired license.

 

(f) An adjuster who is unable to comply with license renewal procedures and requirements due to military service, long-term medical disability, or some other extenuating circumstance may request a waiver of same and a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures.

 

(g) An adjuster is subject to sections 72A.17 to 72A.32.

 

(h) The adjuster must inform the commissioner by any means acceptable of any change in resident or business addresses for the home state or in legal name within 30 days of the change.

 

(i) The license must contain the licensee's name, address, and personal identification number; the dates of issuance and expiration; and any other information the commissioner deems necessary.

 

(j) In order to assist in the performance of the commissioner's duties, the commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, to perform any ministerial functions related to licensing that the commissioner may deem appropriate, including the collection of fees and data.

 

Sec. 38.  Minnesota Statutes 2009 Supplement, section 72B.045, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement.  An individual who holds an independent or public adjuster license and who is not exempt under this section must satisfactorily complete a minimum of 24 hours of continuing education courses, of which three hours must be in ethics, reported to the commissioner on a biennial basis in conjunction with the individual's license renewal cycle.


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Sec. 39.  Minnesota Statutes 2009 Supplement, section 72B.06, is amended to read:

 

72B.06 CATASTROPHE OR EMERGENCY SITUATIONS. 

 

(a) In the event of a declared catastrophe or the occurrence of an emergency situation, For purposes of this chapter, a catastrophe exists when, due to a specific, infrequent, and sudden natural or man-made disaster or phenomenon, there have arisen losses to property in Minnesota that are covered by insurance, and the losses are so numerous and severe that resolution of claims related to such covered property losses will not occur expeditiously without the licensing of emergency independent adjusters due to the magnitude of the catastrophic damage.  A failure of claims to be resolved expeditiously shall exist upon an insurer's filing with the department a written statement that one of the following conditions exists:  (1) the insurer expects to incur at least 500 claims as a result of the event; or (2) the magnitude of the event is expected to generate twice the mean number of claims for one month for the affected area.  Such written statement may be sent electronically to the commissioner.  An insurer must notify the commissioner via an application for registration of each individual independent adjuster not already licensed in the state where the catastrophe has been declared or an emergency situation has occurred Minnesota, that will act as an emergency independent adjuster on behalf of the insurer pursuant to paragraph (b).

 

(b) A person who is otherwise qualified to adjust claims, but not already licensed in the state where the catastrophe has been declared or an emergency situation has occurred Minnesota, may act as an emergency independent adjuster and adjust claims, if, within five days of deployment to adjust claims arising from the declared catastrophe or the occurrence of an emergency situation, the insurer or the independent adjuster's employer, in the notification required by paragraph (a), notifies the commissioner by providing the following information in a format prescribed by the commissioner:

 

(1) the name of the individual;

 

(2) the Social Security number of the individual;

 

(3) the name of the insurer the independent adjuster will represent;

 

(4) the effective date of the contract between the insurer and independent adjuster or the independent adjuster's employer;

 

(5) the catastrophe, emergency situation, or loss control number;

 

(6) the catastrophe or emergency situation event name; and

 

(7) other information the commissioner deems necessary.

 

(c) An emergency independent adjuster's license or registration remains in force for the period of time established by the commissioner 180 days; such license or registration shall be effective for all catastrophes described in paragraph (a), clauses (1) and (2).  Such license or registration may be extended for 180 days.

 

The commissioner may summarily suspend or revoke the right of any person adjusting in this state under the authority of this section to continue to adjust in this state, if the commissioner finds that that person has engaged in any of the practices forbidden to a licensed adjuster under sections 72B.01 to 72B.14.  Notice of such suspension or revocation may be given personally or by mail sent to the temporary address stated in the registration and to the insurer or independent adjusting firm company who submitted the independent adjuster information.


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Sec. 40.  Minnesota Statutes 2008, section 72B.08, subdivision 8, is amended to read:

 

Subd. 8.  Bond.  In the case of any licensee or permit holder who has had a license or permit suspended or revoked or whose license renewal has been prohibited by a lawful order of the commissioner, the commissioner may condition the issuance of a new license on the filing of a surety bond in an amount not to exceed $10,000, made and conditioned in accordance with the requirements of section 72B.04, subdivision 4 72B.041, subdivision 3, relating to public adjusters' bonds.  Nothing in this subdivision shall reduce or alter the bonding requirements for a public adjuster.

 

Sec. 41.  Minnesota Statutes 2008, section 79A.03, subdivision 8, is amended to read:

 

Subd. 8.  Processing application.  The commissioner shall grant or deny the group's application to self-insure within 60 days after a complete application has been filed, provided that the time may be extended for an additional 30 days upon 15 days' prior notice to the applicant.  The commissioner shall grant approval for self-insurance upon a determination that the financial ability of the self-insurer's group is sufficient to fulfill all joint and several obligations of the member companies that may arise under chapter 176 or this chapter; the gross annual premium of the group members is at least $300,000 150 percent of the WCRA minimum retention in effect at the time of the application; the group has established a fund pursuant to Minnesota Rules, parts 2780.4100 to 2780.5000; the group has contracted with a licensed workers' compensation service company to administer its program; and the required securities or surety bond shall be on deposit prior to the effective date of coverage for any member.  Approval shall be effective until revoked by order of the commissioner or until the employer members of the group become insured.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to applications processed on or after that date, but not to self-insured groups existing as of that date.

 

Sec. 42.  Minnesota Statutes 2008, section 79A.06, subdivision 5, is amended to read:

 

Subd. 5.  Private employers who have ceased to be self-insured.  (a) Private employers who have ceased to be private self-insurers shall discharge their continuing obligations to secure the payment of compensation which is accrued during the period of self-insurance, for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance with all of the following obligations of current certificate holders:

 

(1) Filing reports with the commissioner to carry out the requirements of this chapter;

 

(2) Depositing and maintaining a security deposit for accrued liability for the payment of any compensation which may become due, pursuant to chapter 176.  However, if a private employer who has ceased to be a private self-insurer purchases an insurance policy from an insurer authorized to transact workers' compensation insurance in this state which provides coverage of all claims for compensation arising out of injuries occurring during the entire period the employer was self-insured, whether or not reported during that period, the policy will:

 

(i) discharge the obligation of the employer to maintain a security deposit for the payment of the claims covered under the policy;

 

(ii) discharge any obligation which the self-insurers' security fund has or may have for payment of all claims for compensation arising out of injuries occurring during the period the employer was self-insured, whether or not reported during that period; and

 

(iii) discharge the obligations of the employer to pay any future assessments to the self-insurers' security fund; provided, however, that a member that terminates its self-insurance authority on or after August 1, 2010, shall be liable for an assessment under paragraph (b).  The actuarial opinion shall not take into consideration any transfer of the member's liabilities to an insurance policy if the member obtains a replacement policy as described in this subdivision within one year of the date of terminating its self-insurance.


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A private employer who has ceased to be a private self-insurer may instead buy an insurance policy described above, except that it covers only a portion of the period of time during which the private employer was self-insured; purchase of such a policy discharges any obligation that the self-insurers' security fund has or may have for payment of all claims for compensation arising out of injuries occurring during the period for which the policy provides coverage, whether or not reported during that period.

 

A policy described in this clause may not be issued by an insurer unless it has previously been approved as to form and substance by the commissioner; and

 

(3) Paying within 30 days all assessments of which notice is sent by the security fund, for a period of seven years from the last day its certificate of self-insurance was in effect.  Thereafter, the private employer who has ceased to be a private self-insurer may either:  (i) continue to pay within 30 days all assessments of which notice is sent by the security fund until it has no incurred liabilities for the payment of compensation arising out of injuries during the period of self-insurance; or (ii) pay the security fund a cash payment equal to four percent of the net present value of all remaining incurred liabilities for the payment of compensation under sections 176.101 and 176.111 as certified by a member of the casualty actuarial society.  Assessments shall be based on the benefits paid by the employer during the calendar year immediately preceding the calendar year in which the employer's right to self-insure is terminated or withdrawn.

 

(b) With respect to a self-insurer who terminates its self-insurance authority after April 1, 1998, that member shall obtain and file with the commissioner an actuarial opinion of its outstanding liabilities as determined by an associate or fellow of the Casualty Actuarial Society within 120 days of the date of its termination.  If the actuarial opinion is not timely filed, the self-insurers' security fund may, at its discretion, engage the services of an actuary for this purpose.  The expense of this actuarial opinion must be assessed against and be the obligation of the self-insurer.  The commissioner may issue a certificate of default against the self-insurer for failure to pay this assessment to the self-insurers' security fund as provided by section 79A.04, subdivision 9.  The opinion must separate liability for indemnity benefits from liability from medical benefits, and must may discount each liabilities up to four percent per annum to net present value.  Within 30 60 days after notification of approval of the actuarial opinion by the commissioner, the exiting member shall pay to the security fund an amount equal to 120 percent of that discounted outstanding indemnity liability, multiplied by the greater of the average annualized assessment rate since inception of the security fund or the annual rate at the time of the most recent assessment before termination determined as follows:  a percentage will be determined by dividing the security fund's members' deficit as determined by the most recent audited financial statement of the security fund by the total actuarial liability of all members of the security fund as calculated by the commissioner within 30 days of the exit date of the member.  This quotient will then be multiplied by that exiting member's total future liability as contained in the exiting member's actuarial opinion.  If the payment is not made within 30 days of the notification, interest on it at the rate prescribed by section 549.09 must be paid by the former member to the security fund until the principal amount is paid in full.

 

(c) A former member who terminated its self-insurance authority before April 1, 1998, who has paid assessments to the self-insurers' security fund for seven years, and whose annualized assessment is $15,000 or less, may buy out of its outstanding liabilities to the self-insurers' security fund by an amount calculated as follows:  1.35 multiplied by the indemnity case reserves at the time of the calculation, multiplied by the then current self-insurers' security fund annualized assessment rate.

 

(d) A former member who terminated its self-insurance authority before April 1, 1998, and who is paying assessments within the first seven years after ceasing to be self-insured under paragraph (a), clause (3), may elect to buy out its outstanding liabilities to the self-insurers' security fund by obtaining and filing with the commissioner an actuarial opinion of its outstanding liabilities as determined by an associate or fellow of the Casualty Actuarial Society.  The opinion must separate liability for indemnity benefits from liability for medical benefits, and must discount each up to four percent per annum to net present value.  Within 30 days after notification of approval of the actuarial opinion by the commissioner, the member shall pay to the security fund an amount equal to 120 percent of that discounted outstanding indemnity liability, multiplied by the greater of the average annualized assessment rate since inception of the security fund or the annual rate at the time of the most recent assessment.


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(e) A former member who has paid the security fund according to paragraphs (b) to (d) and subsequently receives authority from the commissioner to again self-insure shall be assessed under section 79A.12, subdivision 2, only on indemnity benefits paid on injuries that occurred after the former member received authority to self-insure again; provided that the member furnishes verified data regarding those benefits to the security fund.

 

(f) In addition to proceedings to establish liabilities and penalties otherwise provided, a failure to comply may be the subject of a proceeding before the commissioner.  An appeal from the commissioner's determination may be taken pursuant to the contested case procedures of chapter 14 within 30 days of the commissioner's written determination.

 

Any current or past member of the self-insurers' security fund is subject to service of process on any claim arising out of chapter 176 or this chapter in the manner provided by section 5.25, or as otherwise provided by law.  The issuance of a certificate to self-insure to the private self-insured employer shall be deemed to be the agreement that any process which is served in accordance with this section shall be of the same legal force and effect as if served personally within this state.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to terminations of self-insurance authority that become effective on or after that date.

 

Sec. 43.  Minnesota Statutes 2008, section 79A.21, subdivision 3, is amended to read:

 

Subd. 3.  Approval.  The commissioner shall approve an application for self-insurance upon a determination that all of the following conditions are met:

 

(1) a completed application and all required documents have been submitted to the commissioner;

 

(2) the financial ability of the commercial self-insurance group is sufficient to fulfill all obligations that may arise under this chapter or chapter 176;

 

(3) the annual premium of the commercial self-insurance group to be charged to initial members is at least $400,000 150 percent of the WCRA minimum retention in effect at the time of the application;

 

(4) the commercial self-insurance group has contracted with a service company to administer its program; and

 

(5) the required securities or surety bond shall be on deposit prior to the effective date of coverage for the commercial self-insurance group.

 

EFFECTIVE DATE.  This section is effective August 1, 2010, and applies to applications processed on or after that date, but not to self-insured groups existing as of that date.

 

Sec. 44.  Minnesota Statutes 2008, section 80A.41, is amended to read:

 

80A.41 SECTION 102; DEFINITIONS. 

 

In this chapter, unless the context otherwise requires: 

 

(1) "Accredited investor" means an accredited investor as the term is defined in Rule 501(a) of Regulation D adopted pursuant to the Securities Act of 1933. 

 

(2) "Administrator" means the commissioner of commerce. 


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(3) "Agent" means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities.  But a partner, officer, or director of a broker-dealer or issuer, or an individual having a similar status or performing similar functions is an agent only if the individual otherwise comes within the term.  The term does not include an individual excluded by rule adopted or order issued under this chapter. 

 

(4) "Bank" means: 

 

(A) a banking institution organized under the laws of the United States;

 

(B) a member bank of the Federal Reserve System;

 

(C) any other banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section 1 of Public Law 87-722 (12 U.S.C. Section 92a), and which is supervised and examined by a state or federal agency having supervision over banks, and which is not operated for the purpose of evading this chapter; and

 

(D) a receiver, conservator, or other liquidating agent of any institution or firm included in subparagraph (A), (B), or (C). 

 

(5) "Broker-dealer" means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account.  The term does not include: 

 

(A) an agent;

 

(B) an issuer;

 

(C) a depository institution; provided such activities are conducted in accordance with such rules as may be adopted by the administrator;

 

(D) an international banking institution; or

 

(E) a person excluded by rule adopted or order issued under this chapter. 

 

(6) "Depository institution" means: 

 

(A) a bank; or

 

(B) a savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits, and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or a successor authorized by federal law.  The term does not include: 

 

(i) an insurance company or other organization primarily engaged in the business of insurance;

 

(ii) a Morris Plan bank; or


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(iii) an industrial loan company that is not an "insured depository institution" as defined in section 3(c)(2) of the Federal Deposit Insurance Act, United States Code, title 12, section 1813(c)(2), or any successor federal statute. 

 

(7) "Federal covered investment adviser" means a person registered under the Investment Advisers Act of 1940. 

 

(8) "Federal covered security" means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)) or rules or regulations adopted pursuant to that provision. 

 

(9) "Filing" means the receipt under this chapter of a record by the administrator or a designee of the administrator. 

 

(10) "Fraud," "deceit," and "defraud" are not limited to common law deceit. 

 

(11) "Guaranteed" means guaranteed as to payment of all principal and all interest. 

 

(12) "Institutional investor" means any of the following, whether acting for itself or for others in a fiduciary capacity: 

 

(A) a depository institution or international banking institution;

 

(B) an insurance company;

 

(C) a separate account of an insurance company;

 

(D) an investment company as defined in the Investment Company Act of 1940;

 

(E) a broker-dealer registered under the Securities Exchange Act of 1934;

 

(F) an employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution, or an insurance company;

 

(G) a plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees, if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution, or an insurance company;

 

(H) a trust, if it has total assets in excess of $10,000,000, its trustee is a depository institution, and its participants are exclusively plans of the types identified in subparagraph (F) or (G), regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans;

 

(I) an organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Section 501(c)(3)), corporation, Massachusetts trust or similar business trust, limited liability company, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10,000,000;


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(J) a small business investment company licensed by the Small Business Administration under Section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. Section 681(c)) with total assets in excess of $10,000,000;

 

(K) a private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-2(a)(22)) with total assets in excess of $10,000,000;

 

(L) a federal covered investment adviser acting for its own account;

 

(M) a "qualified institutional buyer" as defined in Rule 144A(a)(1), other than Rule 144A(a)(1)(i)(H), adopted under the Securities Act of 1933 (17 C.F.R. 230.144A);

 

(N) a "major U.S.  institutional investor" as defined in Rule 15a-6(b)(4)(i) adopted under the Securities Exchange Act of 1934 (17 C.F.R. 240.15a-6);

 

(O) any other person, other than an individual, of institutional character with total assets in excess of $10,000,000 not organized for the specific purpose of evading this chapter; or

 

(P) any other person specified by rule adopted or order issued under this chapter;

 

(13) "Insurance company" means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. 

 

(14) "Insured" means insured as to payment of all principal and all interest. 

 

(15) "International banking institution" means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933.