Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2213

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

FORTY-FIRST DAY

 

Saint Paul, Minnesota, Thursday, April 14, 2011

 

 

The House of Representatives convened at 3:00 p.m. and was called to order by Kurt Zellers, Speaker of the House.

 

Prayer was offered by Pastor Mark Matychuk, Bethesda Church, Prior Lake, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

A quorum was present.

 

Kelly, Laine, Rukavina, Scalze, Thissen and Tillberry were excused.

 

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2214

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 122, A bill for an act relating to insurance; regulating dental plan contracts and provider audits; amending Minnesota Statutes 2010, sections 62Q.76, by adding a subdivision; 62Q.78, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 1, line 8, delete "plan" and insert "provider" and delete "plan" and insert "provider"

 

Page 1, line 12, delete "plan" and insert "provider" and delete "plan" and insert "provider"

 

Page 2, line 3, delete "plan" and insert "provider"

 

Page 2, line 5, after "subdivision" insert "or the alteration or amendment is made due to state or federal law"

 

Page 2, line 28, after the first "the" insert "insuring" and delete "that sponsored the plan"

 

Page 3, line 2, delete "a potential" and insert "an"

 

Page 3, delete lines 7 to 12

 

Amend the title as follows:

 

Page 1, line 2, delete "plan" and insert "provider"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 201, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.

 

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

 

The report was adopted.

 

 

Lanning from the Committee on State Government Finance to which was referred:

 

H. F. No. 210, A bill for an act relating to elections; requiring voters to provide picture identification before receiving a ballot; providing for the issuance of identification cards at no charge; establishing a procedure for provisional balloting; specifying other election administration procedures; requiring use of electronic polling place rosters; enacting procedures related to recounts; appropriating money; amending Minnesota Statutes 2010, sections


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2215

135A.17, subdivision 2; 200.02, by adding a subdivision; 201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 7; 201.071, subdivision 3; 201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.15, subdivision 1; 204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.38; 204D.24, subdivision 2; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1; 211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 203B.04, subdivision 3; 204B.36, subdivision 5; 204C.34; 204C.35; 204C.36; 204C.361; Minnesota Rules, parts 8200.0300; 8200.0800; 8200.1100; 8200.1200, subparts 1, 1b, 2, 3; 8200.1700; 8200.1800; 8200.2100; 8200.2200; 8200.2500; 8200.2600; 8200.2700; 8200.2900; 8200.2950; 8200.3000; 8200.3100, subpart 1; 8200.3110; 8200.3200; 8200.3500; 8200.3550; 8200.3600; 8200.3700; 8200.3800, subpart 1; 8200.3900; 8200.4000; 8200.5100; 8200.5200; 8200.5300; 8200.5400; 8200.5500; 8200.5600; 8200.5800; 8200.6100; 8200.6200; 8200.6400; 8200.7100; 8200.7200; 8200.9115, subparts 1, 3; 8200.9120; 8200.9300, subparts 7, 8, 9, 10, 11; 8200.9305; 8200.9310, subparts 1, 2, 3, 5; 8200.9315; 8200.9320; 8200.9325; 8200.9939; 8200.9940; 8200.9950; 8200.9960; 8205.1010; 8205.1020; 8205.1030; 8205.1040; 8205.1050; 8205.2000, subparts 1, 1a, 3, 4; 8205.2010; 8205.2100, subpart 1; 8205.2110, subparts 1, 1a, 3, 4; 8205.2120; 8210.0050; 8210.0100; 8210.0200, subpart 4; 8210.0225; 8210.0300; 8210.0500; 8210.0600, subparts 1, 1a, 1b, 2, 3; 8210.0710; 8210.0720; 8210.0730; 8210.0800, subparts 3, 3a, 4; 8210.1000; 8210.2000; 8210.2100; 8210.2200; 8210.2300; 8210.2400; 8210.2450; 8210.2500; 8210.2600; 8210.2700; 8210.3000, subparts 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 8, 9, 10, 11, 12, 13; 8220.0050; 8220.0150; 8220.0250, subparts 1, 1a, 3a, 3b, 4a, 5a, 5b, 11, 14, 15, 16, 18, 18a, 21, 22a, 22b, 24, 26, 28a, 30, 33, 35; 8220.0325; 8220.0350; 8220.0450; 8220.0550; 8220.0650; 8220.0700; 8220.0750; 8220.0800; 8220.0825; 8220.0850; 8220.1050; 8220.1150; 8220.1350; 8220.1450; 8220.1550; 8220.1650; 8220.1750; 8220.1850; 8220.2050; 8220.2250; 8220.2850; 8220.2860; 8220.2865; 8230.0050; 8230.0150; 8230.0250; 8230.0560; 8230.0570; 8230.0580; 8230.0650; 8230.0850; 8230.1050; 8230.1130; 8230.1150, subparts 1, 3; 8230.1350; 8230.1450; 8230.1850; 8230.1860; 8230.2010; 8230.2020; 8230.2030; 8230.2040; 8230.2050; 8230.2150; 8230.2250; 8230.2450; 8230.3450; 8230.3550; 8230.3560; 8230.3750, subparts 1, 2, 4, 5; 8230.3850; 8230.3950; 8230.4050; 8230.4150; 8230.4325; 8230.4355; 8230.4360; 8230.4365; 8230.4370; 8230.4375; 8230.4380; 8230.4385; 8230.4390; 8230.4395; 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700; 8235.0800; 8235.1100; 8235.1200; 8240.0100; 8240.0200; 8240.0300; 8240.1050; 8240.1100; 8240.1200; 8240.1300; 8240.1350; 8240.1400; 8240.1500; 8240.1600; 8240.1655, subparts 1, 2, 3, 4, 6; 8240.1750; 8240.1800; 8240.1900; 8240.1950; 8240.2000; 8240.2100; 8240.2200; 8240.2300; 8240.2400; 8240.2500; 8240.2700; 8240.2800; 8240.2850; 8240.2900; 8250.0100; 8250.0200; 8250.0300; 8250.0350; 8250.0365; 8250.0370; 8250.0375; 8250.0385; 8250.0390; 8250.0395; 8250.0397; 8250.0398; 8250.0400; 8250.0500; 8250.0600; 8250.0700; 8250.0800; 8250.0900; 8250.1000; 8250.1100; 8250.1200; 8250.1600; 8250.1810.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

VOTER REGISTRATION, PHOTO IDENTIFICATION, AND PROVISIONAL BALLOTING

 

Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:

 

Subdivision 1. Classifications. (a) The following government data of the Department of Public Safety are private data:

 

(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;

 

(2) other data on holders of a disability certificate under section 169.345, except that data that are not medical data may be released to law enforcement agencies;


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2216

(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, and the Department of Natural Resources for purposes of license application administration; and

 

(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:

 

(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or

 

(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated caregiver of the need to care for a child of the license holder; and

 

(5) data on applicants for a Minnesota voter identification card under section 171.07, subdivision 3b, except that the data may be released to a government entity or a court for purposes of carrying out its functions.

 

The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.

 

(b) The following government data of the Department of Public Safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.

 

Sec. 2. Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision to read:

 

Subd. 51. Voter identification card. "Voter identification card" means a card issued or issuable under the laws of this state by the commissioner of public safety that denotes citizenship, identity, and residence address and may be used as identification and proof of residence for election day voter registration and for voting on election day, but for no other purpose.

 

Sec. 3. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:

 

Subdivision 1. Forms of application. Every application for a Minnesota identification card, for an enhanced identification card, for an instruction permit, for a provisional license, for a driver's license, or for an enhanced driver's license, or for a voter identification card must be made in a format approved by the department, and every application, except for an application for a voter identification card, must be accompanied by the proper fee. All first-time applications and change-of-status applications must be signed in the presence of the person authorized to accept the application, or the signature on the application may be verified by a notary public. All applications requiring evidence of legal presence in the United States or United States citizenship must be signed in the presence of the person authorized to accept the application, or the signature on the application may be verified by a notary public.

 

Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:

 

Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows:

 

Classified Driver's License

 

D-$22.25

C-$26.25

B-$33.25

A-$41.25

Classified Under-21 D.L.

 

D-$22.25

C-$26.25

B-$33.25

A-$21.25

Enhanced Driver's License

 

D-$37.25

C-$41.25

B-$48.25

A-$56.25

Instruction Permit

 

 

 

 

$10.25

Enhanced Instruction Permit

 

 

 

 

$25.25

Provisional License

 

 

 

 

$13.25


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2217

Enhanced Provisional License

 

 

 

 

$28.25

Duplicate License or duplicate

identification card

 

 

 

 

 

$11.75

Enhanced Duplicate License or enhanced

duplicate identification card

 

 

 

 

$26.75

Minnesota identification card or Under-

21 Minnesota identification card, other

than duplicate, except as otherwise

provided in section 171.07, subdivisions

3 and 3a

 

 

 

 

 

 

 

$16.25

Enhanced Minnesota identification card

 

 

 

$31.25

 

In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

 

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.

 

(c) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.

 

(d) The commissioner shall not collect any fee or surcharge for a voter identification card.

 

Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:

 

Subd. 3. Contents of license application; other information. (a) An application for a Minnesota identification card, enhanced identification card, instruction permit, provisional license, driver's license, or enhanced driver's license must:

 

(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;

 

(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;

 

(3) state:

 

(i) the applicant's Social Security number; or

 

(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant certifies that the applicant does not have a Social Security number;

 

(4) in the case of an application for an enhanced driver's license or enhanced identification card, present:

 

(i) proof satisfactory to the commissioner of the applicant's full legal name, United States citizenship, identity, date of birth, Social Security number, and residence address; and


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2218

(ii) a photographic identity document;

 

(5) contain a space where the applicant may indicate a desire to make an anatomical gift according to paragraph (b);

 

(6) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; and

 

(7) contain a space where the applicant may request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a.

 

(b) If the applicant does not indicate a desire to make an anatomical gift when the application is made, the applicant must be offered a donor document in accordance with section 171.07, subdivision 5. The application must contain statements sufficient to comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A, so that execution of the application or donor document will make the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a desire to make an anatomical gift. The application must be accompanied by information describing Minnesota laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts. The commissioner shall distribute a notice that must accompany all applications for and renewals of a driver's license or Minnesota identification card. The notice must be prepared in conjunction with a Minnesota organ procurement organization that is certified by the federal Department of Health and Human Services and must include:

 

(1) a statement that provides a fair and reasonable description of the organ donation process, the care of the donor body after death, and the importance of informing family members of the donation decision; and

 

(2) a telephone number in a certified Minnesota organ procurement organization that may be called with respect to questions regarding anatomical gifts.

 

(c) The application must be accompanied also by information containing relevant facts relating to:

 

(1) the effect of alcohol on driving ability;

 

(2) the effect of mixing alcohol with drugs;

 

(3) the laws of Minnesota relating to operation of a motor vehicle while under the influence of alcohol or a controlled substance; and

 

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for alcohol-related violations.

 

Sec. 6. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision to read:

 

Subd. 3b. Application for voter identification card. An application for a voter identification card, including a renewal or duplicate card, or a new card required as a result of change of address, must:

 

(1) state the applicant's full legal name, date of birth, sex, residence address, and Social Security number;

 

(2) describe the applicant in the manner the commissioner deems necessary;

 

(3) be accompanied by proof satisfactory to the commissioner of the applicant's United States citizenship;

 

(4) state the length of residence at the applicant's current address; and


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(5) present a photographic identity document or affirm under penalty of perjury that the applicant has a religious objection to the use of a photographic image.

 

Sec. 7. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:

 

Subdivision 1. Definitions. For purposes of this section:

 

(1) "applicant" means an individual applying for a driver's license, provisional license, restricted license, duplicate license, instruction permit, Minnesota identification card, voter identification card, or motorized bicycle operator's permit; and

 

(2) "application" refers to an application for a driver's license, provisional license, restricted license, duplicate license, instruction permit, Minnesota identification card, voter identification card, or motorized bicycle operator's permit.

 

Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:

 

Subd. 3. Application. An applicant may file an application with an agent. The agent shall receive and accept applications in accordance with the laws and rules of the Department of Public Safety for a driver's license, restricted license, duplicate license, instruction permit, Minnesota identification card, voter identification card, or motorized bicycle operator's permit.

 

Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:

 

Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for each application, except for an application for a voter identification card, for which no filing fee may be charged. Except as provided in paragraph (b), the fee shall cover all expenses involved in receiving, accepting, or forwarding to the department the applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 171.07, subdivisions 3 and 3a.

 

(b) The department shall maintain the photo identification equipment for all agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or discontinuance of an existing agent, and if a new agent is appointed in an existing office pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota Rules, part 7404.0400, the department shall provide and maintain photo identification equipment without additional cost to a newly appointed agent in that office if the office was provided the equipment by the department before January 1, 2000. All photo identification equipment must be compatible with standards established by the department.

 

(c) A filing fee retained by the agent employed by a county board must be paid into the county treasury and credited to the general revenue fund of the county. An agent who is not an employee of the county shall retain the filing fee in lieu of county employment or salary and is considered an independent contractor for pension purposes, coverage under the Minnesota State Retirement System, or membership in the Public Employees Retirement Association.

 

(d) Before the end of the first working day following the final day of the reporting period established by the department, the agent must forward to the department all applications and fees collected during the reporting period except as provided in paragraph (c). The department shall transmit payment to the agent of $5 for each application for a voter identification card. An agent employed by a county board shall remit the payments to the county under paragraph (c) and all other agents may retain the payments.

 

Sec. 10. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:

 

Subd. 1a. Filing photograph or image; data classification. The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses or, Minnesota identification cards, or voter identification cards. The photographs or electronically produced images shall be


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2220

private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects. The use of the files is restricted:

 

(1) to the issuance and control of drivers' licenses and voter identification cards;

 

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons, investigation and preparation of cases for criminal, juvenile, and traffic court, and supervision of offenders;

 

(3) to public defenders, as defined in section 611.272, for the investigation and preparation of cases for criminal, juvenile, and traffic courts; and

 

(4) to child support enforcement purposes under section 256.978.

 

Sec. 11. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision to read:

 

Subd. 3b. Voter identification cards. (a) A voter identification card must be issued to a qualifying applicant who, on the election day next occurring after the date of issuance, will meet the voter eligibility requirements of the Minnesota State Constitution and statutes, and who does not possess a current Minnesota driver's license or Minnesota identification card.

 

(b) A voter identification card must bear a distinguishing number assigned to the applicant; the applicant's full name and date of birth; the applicant's address of residence; a description of the applicant in the manner as the commissioner deems necessary; the date of the card's expiration; and the usual signature of the applicant. The card must bear a colored photograph or an electronically produced image of the applicant, or, for an applicant who has affirmed a religious objection under section 171.06, subdivision 3b, clause (5), the card must bear the words "Valid without photograph."

 

(c) A voter identification card shall not be valid identification for purposes unrelated to voting in Minnesota.

 

(d) A voter identification card must be of a different color scheme than a Minnesota driver's license or state identification card, but must incorporate the same information and security features as provided in subdivision 9.

 

(e) Each voter identification card must be plainly marked: "Voter Identification Not a driver's license. Valid Identification Only for Voting."

 

Sec. 12. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:

 

Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision, the expiration date of Minnesota identification cards and voter identification cards of applicants under the age of 65 shall be the birthday of the applicant in the fourth year following the date of issuance of the card.

 

(b) Minnesota identification cards and voter identification cards issued to applicants age 65 or over shall be valid for the lifetime of the applicant.

 

(c) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. The commissioner shall issue an identification card to a holder of an Under-21 identification card who applies for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines that the applicant is not qualified for the identification card.


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2221

Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:

 

Subd. 9. Improved security. The commissioner shall develop new Drivers' licenses and, identification cards, to be issued beginning January 1, 1994, that and voter identification cards must be as impervious to alteration as is reasonably practicable in their design and quality of material and technology. The driver's license security laminate shall be made from materials not readily available to the general public. The design and technology employed must enable the driver's license and identification card to be subject to two or more methods of visual verification capable of clearly indicating the presence of tampering or counterfeiting. The driver's license and identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering.

 

Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:

 

Subd. 14. Use of Social Security number. An applicant's Social Security number must not be displayed, encrypted, or encoded on the driver's license or, Minnesota identification card, voter identification card, or included in a magnetic strip or bar code used to store data on the license or, Minnesota identification card, or voter identification card. The Social Security number must not be used as a Minnesota driver's license or, identification, or voter identification number.

 

Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read:

 

171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR VOTER IDENTIFICATION CARD.

 

Subdivision 1. Religious objection. Notwithstanding the provisions of section 171.07, the commissioner of public safety may adopt rules to permit identification on a driver's license or, Minnesota identification card, or voter identification card in lieu of a photograph or electronically produced image where the commissioner finds that the licensee has religious objections to the use of a photograph or electronically produced image.

 

Subd. 2. Certain head wear permitted. If an accident involving a head injury, serious illness, or treatment of the illness has resulted in hair loss by an applicant for a driver's license or, identification card, or voter identification card, the commissioner shall permit the applicant to wear a hat or similar head wear in the photograph or electronically produced image. The hat or head wear must be of an appropriate size and type to allow identification of the holder of the license or card and must not obscure the holder's face.

 

Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's requirements pertaining to a photograph or electronically produced image on an enhanced driver's license or an enhanced identification card.

 

Sec. 16. Minnesota Statutes 2010, section 171.11, is amended to read:

 

171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD; CHANGE OF DOMICILE OR NAME.

 

Subdivision 1. Duplicate driver's license. When any person, after applying for or receiving a driver's license, shall change permanent domicile from the address named in such application or in the license issued to the person, or shall change a name by marriage or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's license upon a form furnished by the department and pay the required fee. The application or duplicate license shall show both the licensee's old address and new address or the former name and new name as the case may be.

 

Subd. 2. Duplicate voter identification card. A voter identification cardholder who changes residence address or name from the address or name stated on the card shall not present the card for voting purposes, but must apply for a duplicate voter identification card upon a form furnished by the department. The application for duplicate voter identification card must show the cardholder's former address and current address, along with length of residence at the current address, and the former name and current name, as applicable.


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Sec. 17. Minnesota Statutes 2010, section 171.14, is amended to read:

 

171.14 CANCELLATION.

 

(a) The commissioner may cancel any driver's license or voter identification card upon determination that (1) the licensee or cardholder was not entitled to the issuance of the license or card, (2) the licensee or cardholder failed to give the required or correct information in the application, (3) the licensee or cardholder committed any fraud or deceit in making the application, or (4) the person, at the time of the cancellation, would not have been entitled to receive a license under section 171.04, or a cardholder under section 171.07.

 

(b) The commissioner shall cancel the driver's license of a person described in paragraph (a), clause (3), for 60 days or until the required or correct information has been provided, whichever is longer.

 

(c) The commissioner shall cancel the voter identification card of a person described in paragraph (a) until the person completes the application process under section 171.06, and complies in all respects with the requirements of the commissioner.

 

(d) The commissioner shall immediately notify the holder of a voter identification card of a cancellation of the card. Notification must be by mail, addressed to the cardholder's last known address, with postage prepaid.

 

Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.

 

The following are sufficient proof of identity and residence for purposes of election day voter registration under section 201.061, subdivision 3, and for determining whether to count a provisional ballot under section 204C.135, subdivision 2:

 

(1) a current driver's license, state identification card, or voter identification card issued to the voter by the Department of Public Safety that contains the voter's current address of residence in the precinct;

 

(2) an identification card issued to the voter by the tribal government of a tribe recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current address of residence in the precinct, and any other items of data required to be contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs (a) and (b);

 

(3) an original receipt for a new, renewed, or updated driver's license, state identification card, or voter identification card issued to the voter under section 171.07 that contains the voter's current address of residence in the precinct along with one of the following documents, provided that it contains a photograph of the voter:

 

(i) a driver's license, identification card, or voter identification card that is expired or does not contain the voter's current address of residence, issued to the voter by the state of Minnesota or any other state or territory of the United States;

 

(ii) a United States passport, issued to the voter;

 

(iii) an identification card issued by a branch, department, agency, entity, or subdivision of Minnesota or the federal government;

 

(iv) an identification card issued by an accredited postsecondary institution with a campus located within Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(v) an identification card issued to the voter by the tribal government of a tribe recognized by the Bureau of Indian Affairs;


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(4) if the voter is a student, a driver's license or identification card issued by Minnesota or any other state or territory of the United States that does not contain the voter's current address of residence, along with a current student fee statement that contains the student's valid address of residence in the precinct; or

 

(5) if the voter resides in a shelter facility designated for battered women, as defined in section 611A.37, subdivision 4, a driver's license or identification card issued to the voter by the Department of Public Safety that contains the voter's photograph and address of residence prior to seeking the services of the shelter facility, along with a certification of residence in the facility, signed by the facility's administrator on a form prescribed by the secretary of state.

 

Sec. 19. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD ACCOUNT.

 

A state-subsidized voter identification card account is established in the special revenue fund. Money in the account is appropriated by law to the Department of Public Safety for purposes of providing state-subsidized voter identification cards to individuals qualifying under this section 171.07, subdivision 3b, provided that the department may not be reimbursed more than $9.85 for each card issued. The commissioner of public safety must report to the legislature at least monthly by county on expenditure of funds from this account. A report of the total expenditures by county must be submitted to the members of the house and senate committees with oversight in elections by January 31 of each year.

 

Sec. 20. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:

 

Subd. 3. Election day registration. (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of identity and residence. An individual may prove identity and residence for purposes of registering by: presenting documentation as permitted by section 200.035.

 

(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;

 

(2) presenting any document approved by the secretary of state as proper identification;

 

(3) presenting one of the following:

 

(i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

(4) having a voter who is registered to vote in the precinct, or who is an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. A voter who is registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation does not apply to an employee of a residential facility described in this clause. The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a statement that the voter is registered to vote in the precinct, personally knows that the individual is a resident of the precinct, and is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address.


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The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application.

 

(b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility. The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.

 

(d) For tribal band members, an individual may prove residence for purposes of registering by:

 

(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or

 

(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

 

(e) (b) A county, school district, or municipality may must require that an election judge responsible for election day registration initial sign each completed registration application.

 

Sec. 21. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:

 

Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe the form of polling place rosters that include the voter's name, address, date of birth, school district number, and space for the voter's signature. The address listed on the polling place roster must be the voter's address of residence, unless the voter has requested that the address printed on the roster be the voter's mailing address because the voter is a judge, or a law enforcement or corrections officer. The secretary of state may prescribe additional election-related information to be placed on the polling place rosters on an experimental basis for one state primary and general election cycle; the same information may not be placed on the polling place roster for a second state primary and general election cycle unless specified in this subdivision. The polling place roster must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe procedures for transporting the polling place rosters to the election judges for use on election day. The secretary of state shall prescribe the form for a county or municipality to request the date of birth from currently registered voters. The county or municipality shall not request the date of birth from currently registered voters by any communication other than the prescribed form and the form must clearly indicate that a currently registered voter does not lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the county auditor shall retain the prescribed polling place rosters used on the date of election for 22 months following the election.

 

Sec. 22. Minnesota Statutes 2010, section 204C.10, is amended to read:

 

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

 

Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in


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which the court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, is registered and has not already voted in the election. The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the voter to present a photo identification document, as described in subdivision 2; and (2) confirm the applicant's name, address, and date of birth. A voter who cannot produce sufficient identification as required by subdivision 2 may not sign the polling place roster, but may cast a provisional ballot, as provided in section 204C.135.

 

(c) After the applicant signs the roster, the judge shall give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during the time for notice of filing an election contest for 36 months following the date of the election.

 

Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in subdivision 1, a voter must present a valid form of one of the following documents or sets of documents, issued to the voter:

 

(1) a Minnesota driver's license state identification card, or voter identification card issued under section 171.07 that contains the voter's current address of residence in the precinct;

 

(2)(i) an original receipt for a new, renewed, or updated driver's license, state identification card, or voter identification card issued to the voter under section 171.07 that contains the voter's current address of residence in the precinct; and

 

(ii) a driver's license, identification card, or a voter identification card that is expired, invalidated, or does not contain the voter's current address of residence in the precinct, issued to the voter by the state of Minnesota or any other state or territory of the United States;

 

(3) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current address of residence in the precinct, and any other items of data required to be contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs (a) and (b); or

 

(4) if the voter resides in a shelter facility designated for battered women, as defined in section 611A.37, subdivision 4, a driver's license or identification card issued to the voter by the Department of Public Safety that contains the voter's photograph and address of residence prior to seeking the services of the shelter facility, along with a certification of residence in the facility, signed by the facility's administrator on a form prescribed by the secretary of state.

 

(b) An identification card presented under this section is not deficient for a lack of the voter's current address of residence in the precinct if the identification card contains the mailing address of the voter and that matches the address listed on the polling place roster.

 

Sec. 23. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:

 

Subd. 3. Determination of residence. In determining the legal residence of a challenged individual, the election judges shall be governed by the principles contained in section 200.031. If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote. If the individual has marked ballots but not yet deposited them in the ballot boxes before the election judges determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened with the spoiled ballots. If the


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answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn, the election judges shall verbally administer the oath on the voter certificate to the individual. After taking the oath and completing and signing the voter certificate, the challenged individual shall be allowed to vote permit the voter to cast a provisional ballot, in the manner provided in section 204C.135.

 

Sec. 24. [204C.135] PROVISIONAL BALLOTS.

 

Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to vote are entitled to cast a provisional ballot in the manner provided by this section:

 

(1) a voter who is unable to provide proper photo identification as required by section 204C.10;

 

(2) a voter whose registration status is listed as "challenged" on the polling place roster; and

 

(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.

 

(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster and complete a provisional ballot envelope. The envelope must contain a space for the voter to list the voter's name, address of residence, date of birth, voter identification number, and any other information prescribed by the secretary of state. The voter must also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously in the same election, and meets the criteria for registering to vote in the precinct in which the voter appears.

 

Once the voter has completed the provisional ballot envelope, the voter must be allowed to cast a provisional ballot. The provisional ballot must be in the same form as the official ballot available in the precinct on election day. A completed provisional ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's provisional ballot envelope and deposited by the voter in a secure, sealed provisional ballot box. Completed provisional ballots may not be combined with other voted ballots in the polling place.

 

(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by the secretary of state. The provisional ballot envelope must be a color other than that provided for absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."

 

(d) Provisional ballots and related documentation shall be delivered to and securely maintained by the county auditor or municipal clerk in the same manner as required for other election materials under sections 204C.27 to 204C.28.

 

Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in the polling place may personally appear before the county auditor or municipal clerk no later than seven calendar days following the election to prove that the voter's provisional ballot should be counted. The county auditor or municipal clerk must count a provisional ballot in the final certified results from the precinct if:

 

(1) the statewide voter registration system indicates that the voter is eligible to vote or, if challenged, the voter presents evidence of the voter's eligibility to vote; and

 

(2) the voter presents proof of identity and residence in the precinct in the manner permitted by section 200.035.

 

(b) If a voter does not appear before the county auditor or municipal clerk within seven calendar days following the election or otherwise does not satisfy the requirements of paragraph (a), or if the data listed on the items of identification presented by the voter does not match the data submitted by the voter on the provisional ballot envelope, the voter's provisional ballot must not be counted.


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(c) The county auditor or municipal clerk must notify, in writing, any provisional voter who does not appear within seven calendar days of the election that the voter's provisional ballot was not counted because of the voter's failure to appear before the county auditor or municipal clerk within the time permitted by law to determine whether the provisional ballot should be counted.

 

Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional ballots in the final vote totals from a precinct, the county auditor must verify that the number of signatures appearing on the provisional ballot roster from that precinct is equal to or greater than the number of accepted provisional ballots submitted by voters in the precinct on election day. Any discrepancy must be resolved before the provisional ballots from the precinct may be counted. Excess provisional ballots must be randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a voter to appear to prove residence and identity has expired and the ballots to be counted have been separated from the provisional ballot envelopes.

 

Sec. 25. Minnesota Statutes 2010, section 204C.14, is amended to read:

 

204C.14 UNLAWFUL VOTING; PENALTY.

 

No individual shall intentionally:

 

(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be counted, or attempting to vote by means of a voting machine or electronic voting system;

 

(b) vote more than once at the same election;

 

(c) put a ballot in a ballot box for any illegal purpose;

 

(d) give more than one ballot of the same kind and color to an election judge to be placed in a ballot box;

 

(e) aid, abet, counsel or procure another to go into any precinct for the purpose of voting in that precinct, knowing that the other individual is not eligible to vote in that precinct; or

 

(f) aid, abet, counsel or procure another to do any act in violation of this section.

 

A violation of this section is a felony.

 

Sec. 26. Minnesota Statutes 2010, section 204C.32, is amended to read:

 

204C.32 CANVASS OF STATE PRIMARIES.

 

Subdivision 1. County canvass. The county canvassing board shall meet at the county auditor's office on the third eighth day following the state primary. After taking the oath of office, the canvassing board shall publicly canvass the election returns delivered to the county auditor. The board shall complete the canvass on the third eighth day following the state primary and shall promptly prepare and file with the county auditor a report that states:

 

(a) the number of individuals voting at the election in the county, and in each precinct;

 

(b) the number of individuals registering to vote on election day and the number of individuals registered before election day in each precinct;

 

(c) for each major political party, the names of the candidates running for each partisan office and the number of votes received by each candidate in the county and in each precinct;


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(d) the names of the candidates of each major political party who are nominated; and

 

(e) the number of votes received by each of the candidates for nonpartisan office in each precinct in the county and the names of the candidates nominated for nonpartisan office.

 

Upon completion of the canvass, the county auditor shall mail or deliver a notice of nomination to each nominee for county office voted for only in that county. The county auditor shall transmit one of the certified copies of the county canvassing board report for state and federal offices to the secretary of state by express mail or similar service immediately upon conclusion of the county canvass. The secretary of state shall mail a notice of nomination to each nominee for state or federal office.

 

Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of State's Office seven 14 days after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors. Immediately after the canvassing board declares the results, the secretary of state shall certify the names of the nominees to the county auditors. The secretary of state shall mail to each nominee a notice of nomination.

 

Sec. 27. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:

 

Subdivision 1. County canvass. The county canvassing board shall meet at the county auditor's office between the third eighth and tenth 14th days following the state general election. After taking the oath of office, the board shall promptly and publicly canvass the general election returns delivered to the county auditor. Upon completion of the canvass, the board shall promptly prepare and file with the county auditor a report which states:

 

(a) the number of individuals voting at the election in the county and in each precinct;

 

(b) the number of individuals registering to vote on election day and the number of individuals registered before election day in each precinct;

 

(c) the names of the candidates for each office and the number of votes received by each candidate in the county and in each precinct;

 

(d) the number of votes counted for and against a proposed change of county lines or county seat; and

 

(e) the number of votes counted for and against a constitutional amendment or other question in the county and in each precinct.

 

The result of write-in votes cast on the general election ballots must be compiled by the county auditor before the county canvass, except that write-in votes for a candidate for federal, state, or county office must not be counted unless the candidate has timely filed a request under section 204B.09, subdivision 3. The county auditor shall arrange for each municipality to provide an adequate number of election judges to perform this duty or the county auditor may appoint additional election judges for this purpose. The county auditor may open the envelopes or containers in which the voted ballots have been sealed in order to count and record the write-in votes and must reseal the voted ballots at the conclusion of this process. The county auditor must prepare a separate report of votes received by precinct for write-in candidates for federal, state, and county offices who have requested under section 204B.09 that votes for those candidates be tallied.

 

Upon completion of the canvass, the county canvassing board shall declare the candidate duly elected who received the highest number of votes for each county and state office voted for only within the county. The county auditor shall transmit a certified copy of the county canvassing board report for state and federal offices to the secretary of state by messenger, express mail, or similar service immediately upon conclusion of the county canvass.


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Sec. 28. Minnesota Statutes 2010, section 204C.37, is amended to read:

 

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF STATE.

 

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, subdivision 1, shall be certified under the official seal of the county auditor. The copy shall be enclosed in an envelope addressed to the secretary of state, with the county auditor's name and official address and the words "Election Returns" endorsed on the envelope. The copy of the canvassing board report and the precinct summary statements must be sent by express mail or delivered to the secretary of state. If the copy is not received by the secretary of state within ten days following the applicable election a primary election, or within 16 days following a general election, the secretary of state shall immediately notify the county auditor, who shall deliver another copy to the secretary of state by special messenger.

 

Sec. 29. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:

 

Subd. 5. Results. The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. On the third eighth day after the primary, the governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee.

 

Sec. 30. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:

 

Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) Between the third eighth and tenth 14th days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare the results of the election. The governing body of a town conducting the general election in March shall act as the canvassing board, canvass the returns, and declare the results of the election within two ten days after an election.

 

(b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court.

 

(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.

 

Sec. 31. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:

 

Subd. 4. Results. The school district primary must be conducted and the returns made in the manner provided for the state primary as far as practicable. On the third eighth day after the primary, the school board of the school district shall canvass the returns, and the two candidates for each specified school board position who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to at-large school board positions who receive the highest number of votes, are the nominees for the office named. Their names must be certified to the school district clerk who shall place them on the school district general election ballot without partisan designation and without payment of an additional fee.

 

Sec. 32. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:


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Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between the third eighth and tenth 14th days after a school district election other than a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall canvass the returns and declare the results of the election. After the time for contesting elections has passed, the school district clerk shall issue a certificate of election to each successful candidate. If there is a contest, the certificate of election to that office must not be issued until the outcome of the contest has been determined by the proper court. If there is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the certificate of election to the successful candidate by personal service or certified mail. The successful candidate shall file an acceptance and oath of office in writing with the clerk within 30 days of the date of mailing or personal service. A person who fails to qualify prior to the time specified shall be deemed to have refused to serve, but that filing may be made at any time before action to fill the vacancy has been taken. The school district clerk shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.

 

A school district canvassing board shall perform the duties of the school board according to the requirements of this subdivision for a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59.

 

Sec. 33. PUBLIC EDUCATION CAMPAIGN.

 

The commissioner of administration shall contract for the production and implementation of a statewide public educational campaign related to the voter identification requirements of this article. The campaign must inform voters of the requirements for identification when voting, methods of securing sufficient identification, including securing a free voter identification card if necessary, and the process for provisional balloting for voters unable to meet the identification requirements on election day. The secretary of state may consult with the vendor in coordinating material related to the campaign, but the secretary, the secretary's staff, and any other documents or materials promoting the office of the secretary of state may not appear visually or audibly in any advertising or promotional items disseminated by the vendor as part of the public education campaign.

 

$.......is appropriated in fiscal year 2012 and $.......is appropriated in fiscal year 2013 from the general fund to the commissioner of administration for purposes of implementing this section.

 

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

 

Sec. 34. APPROPRIATION.

 

(a) $709,000 is appropriated in fiscal year 2013 from the general fund to the state-subsidized identification card account for purposes of providing state-subsidized identification cards to individuals qualifying under Minnesota Statutes, section 171.07, subdivision 3b.

 

(b) $......is appropriated in fiscal year 2012 to the secretary of state from the Help America Vote Act account and $.......is appropriated in fiscal year 2013 to the secretary of state from the general fund for purposes of implementing the requirements of this act.

 

(c) $8,300,000 is appropriated from the general fund to the secretary of state in fiscal year 2012 for the reimbursement of costs incurred by counties, cities, and townships to implement the requirements of this act. The secretary of state shall conduct a cost survey to determine the appropriate reimbursement for each unit of government. Any amount of this appropriation remaining after all counties, cities, and townships have been reimbursed shall be returned to the general fund.

 

Sec. 35. EFFECTIVE DATE.

 

Except where otherwise provided, this article is effective June 1, 2012, and applies to elections held on or after that date.


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ARTICLE 2

ELECTION ADMINISTRATION AND INTEGRITY

 

Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to read:

 

Subd. 2. Residential housing list. All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus. The list shall include each student's current address. The list shall be certified and sent to the appropriate county auditor or auditors, in an electronic format approved by the secretary of state, for use in election day registration as provided under section 201.061, subdivision 3. A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

 

Sec. 2. Minnesota Statutes 2010, section 201.021, is amended to read:

 

201.021 PERMANENT REGISTRATION SYSTEM.

 

A permanent system of voter registration by county is established, with a single, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state, and assigns a unique identifier to each legally registered voter in the state. The unique identifier shall be permanently assigned to the voter and may not be changed or reassigned to another voter. The interactive computerized statewide voter registration list constitutes the official list of every legally registered voter in the state. The county auditor shall be chief registrar of voters and the chief custodian of the official registration records in each county. The secretary of state is responsible for defining, maintaining, and administering the centralized system.

 

Sec. 3. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:

 

Subdivision 1. Establishment. The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state. The system must be accessible to the county auditor of each county in the state. The system must also:

 

(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;

 

(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;

 

(3) provide for entering data into the statewide registration system;

 

(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;

 

(5) assign a unique, permanent identifier to each legally registered voter in the state;

 

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;

 

(7) coordinate with other agency databases within the state;

 

(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;


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(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;

 

(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;

 

(11) provide access to municipal clerks to use the system;

 

(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;

 

(13) provide daily reports accessible by county auditors on the driver's license numbers, state identification numbers, or last four digits of the Social Security numbers submitted on voter registration applications that have been verified as accurate by the secretary of state; and

 

(14) provide reports on the number of absentee ballots transmitted to and returned and cast by voters under section 203B.16; and

 

(15) provide reports on individuals who are not registered and believed to be ineligible to vote, to the extent permitted by federal law.

 

The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.

 

Sec. 4. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:

 

Subd. 4. Registration by election judges; procedures. Registration at the polling place on election day shall be conducted by the election judges. Before registering an individual to vote at the polling place, the election judge must review any list of absentee election day registrants provided by the county auditor or municipal clerk to see if the person has already voted by absentee ballot. If the person's name appears on the list, the election judge must not allow the individual to register or to vote in the polling place. The election judges shall also review the list of individuals believed to be ineligible to vote using the electronic roster, or a paper list provided by the county auditor or municipal clerk. The election judge who registers an individual at the polling place on election day shall not handle that voter's ballots at any time prior to the opening of the ballot box after the voting ends. Registration applications and forms for oaths shall be available at each polling place. If an individual who registers on election day proves residence by oath of a registered voter, the form containing the oath shall be attached to the individual's registration application. Registration applications completed on election day shall be forwarded to the county auditor who shall add the name of each voter to the registration system unless the information forwarded is substantially deficient. A county auditor who finds an election day registration substantially deficient shall give written notice to the individual whose registration is found deficient. An election day registration shall not be found deficient solely because the individual who provided proof of residence was ineligible to do so.

 

Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:

 

Subd. 7. Record of attempted registrations. The election judge responsible for election day registration shall attempt to keep a record of the number of individuals who attempt to register on election day but who cannot provide proof of residence as required by this section. The record shall be forwarded to the county auditor with the election returns for that precinct.


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Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:

 

Subd. 3. Deficient registration. No voter registration application is deficient if it contains the voter's name, address, date of birth, current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification number, the last four digits of the voter's Social Security number, if the voter has been issued a Social Security number, prior registration, if any, and signature. The absence of a zip code number does not cause the registration to be deficient. Failure to check a box on an application form that a voter has certified to be true does not cause the registration to be deficient. The election judges shall request an individual to correct a voter registration application if it is deficient or illegible. No eligible voter may be prevented from voting unless the voter's registration application is deficient or the voter is duly and successfully challenged in accordance with section 201.195 or 204C.12.

 

A voter registration application accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county or municipality may shall attempt to obtain the date of birth for a voter registration application accepted prior to August 1, 1983, by a request to the voter at any time except at the polling place. Failure by the voter to comply with this request does not make the registration deficient.

 

A voter registration application accepted before January 1, 2004, is not deficient for lack of a valid Minnesota driver's license or state identification number, voter identification card number, or the last four digits of a Social Security number. A voter registration application submitted by a voter who does not have a Minnesota driver's license or state identification number, voter identification card number, or a Social Security number, is not deficient for lack of any of these numbers.

 

Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:

 

201.081 REGISTRATION FILES.

 

The statewide registration system is the official record of registered voters. The voter registration applications and the terminal providing access to the statewide registration system must be under the control of the county auditor or the public official to whom the county auditor has delegated the responsibility for maintaining voter registration records. The voter registration applications and terminals providing access to the statewide registration system must not be removed from the control of the county auditor except as provided in this section. The county auditor may make photographic copies of voter registration applications in the manner provided by section 138.17.

 

A properly completed voter registration application that has been submitted to the secretary of state or a county auditor must be maintained by the secretary of state or the county auditor for at least 22 36 months after the date that the information on the application is entered into the database of the statewide registration system. The secretary of state or the county auditor may dispose of the applications after retention for 22 36 months in the manner provided by section 138.17.

 

Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:

 

Subdivision 1. Entry of registration information. (a) At the time a voter registration application is properly completed, submitted, and received in accordance with sections 201.061 and 201.071, the county auditor shall enter the information contained on it into the statewide registration system. Voter registration applications completed before election day must be entered into the statewide registration system within ten days after they have been submitted to the county auditor. Voter registration applications completed on election day must be entered into the statewide registration system within 42 days after the election, unless the county auditor notifies the secretary of state before the 42-day deadline has expired that the deadline will not be met.


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

 

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

 

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

 

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

 

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

 

Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:

 

Subd. 3. Postelection sampling. Within ten days after an election, the county auditor shall send the notice required by subdivision 2 to a random sampling of the individuals registered on election day. The random sampling shall be determined in accordance with the rules of the secretary of state. As soon as practicable after the election, but no later than January 1 of the following year, the county auditor shall mail the notice required by subdivision 2 to all other individuals registered on election day. If a notice is returned as not deliverable, the county auditor shall attempt to determine the reason for the return. A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately notify the county attorney of all of the relevant information and the secretary of state of the numbers by precinct. By March 1 of every odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the legislative committees with jurisdiction over elections the number of notices reported under this subdivision to the secretary of state for the previous state general election by county and precinct.

 

Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:

 

201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.

 

Within six weeks after every election, the county auditor shall post the voting history for every person who voted in the election. After the close of the calendar year, the secretary of state shall determine if any registrants have not voted during the preceding four years. The secretary of state shall perform list maintenance by changing the status of those registrants to "inactive" in the statewide registration system. The list maintenance performed must be conducted in a manner that ensures that the name of each registered voter appears in the official list of eligible voters in the statewide registration system. A voter must not be removed from the official list of eligible voters unless the voter is not eligible or is not registered to vote. List maintenance must include procedures for eliminating duplicate names from the official list of eligible voters.


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The secretary of state shall also prepare a report to the county auditor containing the names of all registrants whose status was changed to "inactive."

 

Registrants whose status was changed to "inactive" must register in the manner specified in section 201.054 before voting in any primary, special primary, general, school district, or special election, as required by section 201.018.

 

Although not counted in an election, a late or rejected absentee or mail ballot must be considered a vote for the purpose of continuing registration under this section, but is not considered voting history for the purpose of public information lists available under section 201.091, subdivision 4.

 

Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.

 

(a) The secretary of state shall maintain an electronic database of individuals not registered and who are believed to be ineligible to vote under section 201.014, subdivision 2. The database may be maintained as a module of the statewide voter registration system, if permitted by federal law, or maintained as a separate database, and at a minimum must include an individual's name, address of residence, date of birth, the reason the individual is believed to be ineligible to vote and, if available, the individual's driver's license or state identification card number, or the last four digits of the individual's Social Security number. Entries in the database shall be compiled using data submitted to the secretary of state under this chapter, and other sources as the secretary may determine appropriate.

 

(b) An elections official processing a voter registration application must verify whether the individual listed on the application is included in the database of individuals known to be ineligible to vote. If the individual is listed in the database, the voter registration application may be accepted, but the voter's status must be listed as "challenged." An election judge processing a voter registration application submitted by a voter in a polling place on election day must verify the application using the electronic roster, or if the polling place does not have an electronic roster, using a paper list provided by the county auditor. A paper list used for verification in a polling place may be limited to only those individuals known to be residents of the county in which the precinct is located.

 

Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:

 

Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe the form of polling place rosters that include the voter's name, address, date of birth, school district number, and space for the voter's signature. The secretary of state may prescribe additional election-related information to be placed on the polling place rosters on an experimental basis for one state primary and general election cycle; the same information may not be placed on the polling place roster for a second state primary and general election cycle unless specified in this subdivision. The polling place roster must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe procedures for transporting the polling place rosters to the election judges for use on election day. The secretary of state shall prescribe the form for a county or municipality to request the date of birth from currently registered voters. The county or municipality shall not request the date of birth from currently registered voters by any communication other than the prescribed form and the form must clearly indicate that a currently registered voter does not lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the county auditor shall retain the prescribed polling place rosters used on the date of election for 22 36 months following the election.

 

Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:

 

Subdivision 1. Application procedures. (a) Except as otherwise allowed by subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election. The county auditor shall prepare absentee ballot application forms in the format provided by the secretary of state and shall furnish them to any person on request. By January 1 of each even-numbered year, the secretary of state shall make the forms to be used available to auditors through electronic means. An application submitted pursuant to this subdivision shall be in writing and shall be submitted to:


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(1) the county auditor of the county where the applicant maintains residence; or

 

(2) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.

 

(b) An application shall be approved if it is timely received, signed and dated by the applicant, and contains:

 

(1) the applicant's name and residence and mailing addresses,;

 

(2) the applicant's date of birth, and at least one of the following:;

 

(3) the applicant's Minnesota driver's license number, Minnesota state identification card number, or Minnesota voter identification card number; and

 

(4) the last four digits of the applicant's Social Security number or a statement that the applicant does not have a Social Security number.

 

(1) the applicant's Minnesota driver's license number;

 

(2) Minnesota state identification card number;

 

(3) the last four digits of the applicant's Social Security number; or

 

(4) a statement that the applicant does not have any of these numbers.

 

To be approved, the application must state that the applicant is eligible to vote by absentee ballot for one of the reasons specified in section 203B.02, and must contain an oath that the information contained on the form is accurate, that the applicant is applying on the applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

 

Prior to approval, the county auditor or municipal clerk must verify that the Minnesota driver's license, state identification card number, or voter identification card number submitted by an applicant is valid and assigned to that applicant. An application that contains a driver's license or identification card number that is invalid or not assigned to the applicant must be rejected. The county auditor or municipal clerk must also verify that the applicant does not appear on any lists of known ineligible voters maintained by the county auditor or municipal clerk, or provided to the county auditor or municipal clerk by the secretary of state. When verifying eligibility, the county auditor or municipal clerk must use the same standards and process as used for individuals appearing in the polling place on election day, except that an applicant is not required to appear in person or present photo identification meeting the standards of section 204C.10, subdivision 2.

 

(c) An applicant's full date of birth, Minnesota driver's license or, state identification, or voter identification card number, and the last four digits of the applicant's Social Security number must not be made available for public inspection. An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device. An application mailed or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election. The absentee ballot applications or a list of persons applying for an absentee ballot may not be made available for public inspection until the close of voting on election day.

 

An application under this subdivision may contain an application under subdivision 5 to automatically receive an absentee ballot application.


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Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:

 

Subd. 2. Health care patient. An eligible voter who on the day before an election becomes a resident or patient in a health care facility or hospital located in the municipality in which the eligible voter maintains residence may apply for absentee ballots on election day if the voter:

 

(a) requests an application form by telephone from the municipal clerk not later than 5:00 p.m. on the day before election day; or

 

(b) submits an absentee ballot application to the election judges engaged in delivering absentee ballots pursuant to section 203B.11.

 

Sec. 15. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:

 

Subd. 5. Preservation of records. An application for absentee ballots shall be dated by the county auditor or municipal clerk when it is received and shall be initialed when absentee ballots are mailed or delivered to the applicant. All applications shall be preserved by the county auditor or municipal clerk for 22 36 months.

 

Sec. 16. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:

 

Subdivision 1. Establishment; applicable laws. (a) The governing body of each county, municipality, and school district with responsibility to accept and reject absentee ballots must, by ordinance or resolution, establish a ballot board. The board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22. The board may include staff trained as election judges.

 

(b) Each jurisdiction must pay a reasonable compensation to each member of that jurisdiction's ballot board for services rendered during an election.

 

(c) A ballot board may only meet to perform its duties under this chapter during the period in which completed absentee ballots are accepted for an election. The time and place of each meeting must be scheduled, announced, and posted on the Web site of the governing body of the county, municipality, or school district at least 14 days prior to convening the first meeting of the ballot board for an election. If the governing body of the county, municipality, or school district does not have a Web site, the time and place of each meeting must be posted, in writing, on the principle bulletin board of the body. Meetings of the ballot board must be convened at the same time and in the same location. The ballot board must also meet on any day during which the county or municipal offices are open for the purposes of conducting election business prior to an election. A ballot board may not meet except during regularly scheduled meetings announced and posted as required by this paragraph.

 

(d) Except as otherwise provided by this section, all provisions of the Minnesota Election Law apply to a ballot board.

 

Sec. 17. Minnesota Statutes 2010, section 204B.40, is amended to read:

 

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; DISPOSITION; INSPECTION OF BALLOTS.

 

The county auditors, municipal clerks, and school district clerks shall retain all election materials returned to them after any election for at least 22 36 months from the date of that election. All election materials involved in a contested election must be retained for 22 36 months or until the contest has been finally determined, whichever is later. Abstracts filed by canvassing boards shall be retained permanently by any officer with whom those abstracts are filed. Election materials no longer required to be retained pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21. Sealed envelopes containing voted ballots must be retained unopened, except as provided in this section, in a secure location. The county auditor, municipal clerk, or school district clerk shall not permit any voted ballots to be tampered with or defaced.


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After the time for filing a notice of contest for an election has passed, the secretary of state may, for the purpose of monitoring and evaluating election procedures: (1) open the sealed ballot envelopes and inspect the ballots for that election maintained by the county auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and completed voter registration applications; or (3) examine other forms required in the Minnesota election laws for use in the polling place. No inspected ballot or document may be marked or identified in any manner. After inspection, all ballots must be returned to the ballot envelope and the ballot envelope must be securely resealed. Any other election materials inspected or examined must be secured or resealed. No polling place roster may be inspected until the voting history for that precinct has been posted. No voter registration application may be inspected until the information on it has been entered into the statewide registration system.

 

Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:

 

Subdivision 1. Determination of proper number. The election judges shall determine the number of ballots to be counted by adding the number of return envelopes from accepted absentee ballots to the number of signed voter's certificates, or to the number of names entered in the election register counting the number of original voter signatures contained in the polling place roster, or on voter's receipts generated from an electronic roster. The election judges may not count the number of voter receipts collected in the precinct as a substitute for counting original voter signatures unless the voter receipts contain the name, voter identification number, and signature of the voter to whom the receipt was issued. The election judges shall then remove all the ballots from the box. Without considering how the ballots are marked, the election judges shall ascertain that each ballot is separate and shall count them to determine whether the number of ballots in the box corresponds with the number of ballots to be counted.

 

Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:

 

Subd. 2. Excess ballots. If two or more ballots are found folded together like a single ballot, the election judges shall lay them aside until all the ballots in the box have been counted. If it is evident from the number of ballots to be counted that the ballots folded together were cast by one voter, the election judges shall preserve but not count them. If the number of ballots in one box exceeds the number to be counted, the election judges shall examine all the ballots in the box to ascertain that all are properly marked with the initials of the election judges. If any ballots are not properly marked with the initials of the election judges, the election judges shall preserve but not count them; however, if the number of ballots does not exceed the number to be counted, the absence of either or both sets of initials of the election judges does not, by itself, disqualify the vote from being counted and must not but may be the basis of a challenge in a recount. If there is still an excess of properly marked ballots, the election judges shall replace them in the box, and one election judge, without looking, shall withdraw from the box a number of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be preserved as provided in subdivision 4.

 

Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:

 

Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees with the number of ballots to be counted, those ballots not counted shall be clearly marked "excess" on the front of the ballot and attached to a certificate made by the election judges which states the number of ballots not counted and why the ballots they were not counted. The certificate and uncounted ballots shall be sealed in a separate envelope and returned to clearly marked "excess ballots." The election judges shall sign their names over the envelope seal and return the ballots to the county auditor or municipal or school district clerk from whom they were received. Tabulation of vote totals from a precinct where excess ballots were removed from the ballot box shall be completed by the canvassing board responsible for certifying the election results from that precinct.

 

Sec. 21. Minnesota Statutes 2010, section 204C.20, is amended by adding a subdivision to read:

 

Subd. 5. Applicability. The requirements of this section apply regardless of the voting system or method of tabulation used in a precinct.


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Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:

 

204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.

 

(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and returned as required by section 204C.25.

 

(b) A ballot that is defective to the extent that the election judges are unable to determine the voter's intent shall be marked on the back "Defective" if it is totally defective or "Defective as to ......," naming the office or question if it is defective only in part. Defective ballots must be placed in an envelope designated for defective ballots from the precinct, sealed, and returned as required by section 204C.25.

 

(c) A damaged or defective ballot that requires duplication must be handled as required by section 206.86, subdivision 5.

 

Sec. 23. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:

 

Subdivision 1. Information requirements. Precinct summary statements shall be submitted by the election judges in every precinct. For all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:

 

(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count made by the election judges, the number of unofficial ballots made, and the number of absentee ballots delivered to the precinct;

 

(b) (2) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes, the number of overvotes, and the number of defective ballots with respect to each office or question;

 

(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the number of absentee ballots rejected, and the number of unused ballots, presuming that the total count provided on each package of unopened prepackaged ballots is correct;

 

(4) the number of ballots cast;

 

(d) (5) the number of individuals who voted at the election in the precinct voter signatures contained on the polling place roster or on voter receipts generated by an electronic roster, which must equal the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, subdivision 1;

 

(6) the number of excess ballots removed by the election judges, as required by section 204C.20;

 

(e) (7) the number of voters registering on election day in that precinct; and

 

(f) (8) the signatures of the election judges who counted the ballots certifying that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.

 

At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.


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Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:

 

Subdivision 1. At the voting location Precinct polling locations; duties; reconciliation. In precincts where an electronic voting system is used, as soon as the polls are closed the election judges shall secure the voting systems against further voting. They shall then open the ballot box and count the number of ballot cards ballots or envelopes containing ballot cards ballots that have been cast to determine that the number of ballot cards ballots does not exceed the number of voters shown on original voter signatures contained in the election register or registration file polling place roster or on voter receipts generated from an electronic roster. The election judges may not count the number of voter receipts collected in the precinct as a substitute for counting original voter signatures unless the voter receipts contain the name, voter identification number, and signature of the voter to whom the receipt was issued. If there is an excess, the judges shall seal the ballots in a ballot container and transport the container to the county auditor or municipal clerk who shall process the ballots in the same manner as paper ballots are processed in section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total number of voters must be entered on the forms provided. The judges shall next count the write-in votes and enter the number of those votes on forms provided for the purpose.

 

Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:

 

Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted ballot cards, excess ballots, defective ballots, and damaged ballots in the container provided for transporting them to the counting center. The container must be sealed and delivered immediately to the counting center by two judges who are not of the same major political party. The judges shall also deliver to the counting center in a suitable container the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued to the voters and deposited during the day in the ballot box.

 

Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:

 

Subdivision 1. Manner; time; contents. Service of a notice of contest must be made in the same manner as the service of summons in civil actions. The notice of contest must specify the grounds on which the contest will be made. The contestant shall serve notice of the contest on the parties enumerated in this section. Notice must be served and filed within five days after the canvass is completed in the case of a primary or special primary or within seven days after the canvass is completed in the case of a special or general election; except that:

 

(1) if a contest is based on a deliberate, serious, and material violation of the election laws which was discovered from the statements of receipts and disbursements required to be filed by candidates and committees, the action may be commenced and the notice served and filed within ten days after the filing of the statements in the case of a general or special election or within five days after the filing of the statements in the case of a primary or special primary.;

 

(2) if a notice of contest questions only which party received the highest number of votes legally cast at the election, a contestee who loses may serve and file a notice of contest on any other ground during the three days following expiration of the time for appealing the decision on the vote count; and

 

(3) if data or documents necessary to determine grounds for a contest, including but not limited to lists of the names of every voter who participated in an election, are not available to a candidate or the general public prior to the close of the period for filing a notice of contest under this section due to nonfeasance, malfeasance, or failure to perform duties within the time required by statute on the part of the secretary of state, a county auditor, or other state, county, or municipal election official, a notice of contest may be served and filed within seven days after the data or documents become available for inspection by the candidates and the general public.


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Sec. 27. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:

 

Subdivision 1. Appointment of inspectors. After a contest has been instituted, either party may have the ballots all materials relating to the election, including, but not limited to, polling place rosters, voter registration applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct summary statements, printouts from voting machines, and precinct incident logs, inspected before preparing for trial. The party requesting an inspection shall file with the district court where the contest is brought a verified petition, stating that the case cannot properly be prepared for trial without an inspection of the ballots and other election materials and designating the precincts in which an inspection is desired. A judge of the court in which the contest is pending shall then appoint as many sets of three inspectors for a contest of any office or question as are needed to count and inspect the ballots expeditiously. One inspector must be selected by each of the parties to the contest and a third must be chosen by those two inspectors. If either party neglects or refuses to name an inspector, the judge shall appoint the inspector. The compensation of inspectors is the same as for referees, unless otherwise stipulated.

 

Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:

 

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

 

The secretary of state, county auditor, municipal clerk, or school district clerk may provide stickers which contain the words "I VOTED" and nothing more. Election judges may offer a sticker of this type to each voter who has signed the polling place roster or a voter's receipt.

 

Sec. 29. PROPOSED LEGISLATION.

 

By January 15, 2012, the secretary of state must report to the legislature proposed legislation to amend matters currently contained in administrative rules as necessary to implement or make specific this act. To the greatest extent practical, this proposed legislation must propose codifying into law matters that otherwise would be enacted through the administrative rulemaking process.

 

To the extent that codifying matters into law is not practical, the proposed legislation must direct, by law, specific changes to be made in administrative rules so that no interpretation of the law by the secretary of state would be necessary, and use of the good cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate if the legislature authorizes use of this process.

 

Sec. 30. REPEALER.

 

Minnesota Statutes 2010, sections 203B.04, subdivision 3, is repealed.

 

ARTICLE 3

ELECTRONIC ROSTERS

 

Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a subdivision to read:

 

Subd. 12a. Polling place roster. "Polling place roster" means the official lists used to record a voter's appearance in a polling place on election day, including the list of registered voters in the precinct, and the list of voters registering on election day. A polling place roster may be in a printed or electronic format, as permitted by section 201.225.


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Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:

 

Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe the form of polling place rosters that include the voter's name, address, date of birth, school district number, and space for the voter's signature. A polling place roster provided in an electronic form must allow for a printed voter's receipt that meets the standards provided in section 201.225, subdivision 2. The secretary of state may prescribe additional election-related information to be placed on the polling place rosters on an experimental basis for one state primary and general election cycle; the same information may not be placed on the polling place roster for a second state primary and general election cycle unless specified in this subdivision. The polling place roster must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe procedures for transporting the polling place rosters to the election judges for use on election day. The secretary of state shall prescribe the form for a county or municipality to request the date of birth from currently registered voters. The county or municipality shall not request the date of birth from currently registered voters by any communication other than the prescribed form and the form must clearly indicate that a currently registered voter does not lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the county auditor shall retain the prescribed polling place rosters used on the date of election for 22 months following the election.

 

Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.

 

Subdivision 1. Certification of system. (a) A precinct may have a secure network of two or more computer systems to serve as the precinct's electronic polling place roster.

 

(b) Precincts may not use an electronic roster until the secretary of state has certified that the system design and operational procedures are sufficient to prevent any voter from voting more than once at an election, and to prevent access to the system by unauthorized individuals.

 

Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic roster must:

 

(1) be preloaded with data from the statewide voter registration system, including data on individuals known to be ineligible to vote;

 

(2) permit all voting information processed by any computer in a precinct to be immediately accessible to all other computers in the precinct and to be transferred to the statewide voter registration system on election night or no later than one week after the election;

 

(3) provide for a printed voter's receipt, containing the voter's name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter's original signature;

 

(4) immediately alert the election judge if the electronic roster indicates that a voter has already voted at the election, is ineligible to vote, does not reside in the precinct, or the voter's registration status is challenged;

 

(5) automatically accept and input data from a scanned Minnesota driver's license or identification card and match the data to an existing voter registration record, and permit manual input of voter data, if necessary; and

 

(6) perform any other functions required for the efficient and secure administration of an election, as required by law.

 

Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:

 

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


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(1) each city ward; and

 

(2) each town and each statutory city.

 

(b) A single, accessible, combined polling place may be established no later than May 1 of any year:

 

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

 

(2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters;

 

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

 

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

 

A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than April 1 of any year.

 

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

 

Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:

 

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

 

(a) An individual seeking to vote shall sign a polling place roster or printed voter's receipt, generated from an electronic roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in which the court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, is registered and has not already voted in the election. The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

(b) A judge may, before the applicant signs the roster or receipt, confirm the applicant's name, address, and date of birth.


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(c) In precincts where a paper roster is used, after the applicant signs the roster, the judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during the time for notice of filing an election contest for 36 months following the date of the election.

 

Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:

 

Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged individual who refuses to answer questions or sign a polling place roster or voter's receipt as required by this section must not be allowed to vote. A challenged individual who leaves the polling place and returns later willing to answer questions or sign a polling place roster must not be allowed to vote.

 

Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:

 

Subd. 2. Voter registration. An individual may register to vote at a special primary or special election at any time before the day that the polling place rosters for the special primary or special election are prepared finally secured by the secretary of state for the election. The secretary of state shall provide the county auditors with notice of this date at least seven days before the printing of the rosters are secured. This subdivision does not apply to a special election held on the same day as the state primary, state general election, or the regularly scheduled primary or general election of a municipality, school district, or special district.

 

Sec. 8. [206A.01] APPLICABILITY.

 

This chapter applies to each designated election official who administers electronic roster systems for the purpose of conducting an election and compiling complete returns.

 

Sec. 9. [206A.02] DEFINITIONS.

 

Subdivision 1. Definitions. The definitions in this section apply to this chapter.

 

Subd. 2. Designated election official. "Designated election official" means the county auditor or municipal clerk.

 

Subd. 3. Elector data. "Elector data" means voting information, including, but not limited to, voter registration, voting history, and voting tabulations.

 

Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in electronic format who are permitted to vote at a polling place in an election conducted under the Minnesota Election Law, which shall be processed by a computer at a precinct such that the resulting elector data is immediately accessible to all other computers in the precinct and is transferred to the county for inclusion in the statewide voter registration system no later than one week after the election.

 

Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY PROCEDURES.

 

(a) The designated election official shall establish written security procedures covering the processing and transference of elector data. The procedures must include:

 

(1) security covering the transmission of elector data processed through the electronic roster and reconciliation of the registration and history of voters casting ballots in a precinct; and

 

(2) contingency procedures for network and power failure. The procedures must, at a minimum, include procedures to address all single point failures including:


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(i) network failure;

 

(ii) power failure that lasts less than one hour; and

 

(iii) power failure that lasts more than one hour.

 

(b) Acceptable alternatives for addressing power or system failures include either:

 

(1) a paper backup of the roster with the minimum information required to verify a voter's eligibility; or

 

(2) a sufficient number of computers per precinct to ensure that the voter check-in continues in an efficient manner. The computers and all essential peripheral devices must have the ability to function on batteries or an external power source for up to two hours.

 

(c) Each computer must have an electronic backup of the current roster in one of the following formats:

 

(1) a portable document file (PDF);

 

(2) a spreadsheet; or

 

(3) a database with a basic look-up interface. In addition to acceptable backup roster procedures, the security procedures must address contingency procedures to protect against activities such as voting twice.

 

Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.

 

(a) The secretary of state shall ensure that the county connection to the statewide voter registration system is secure including details concerning encryption methodology. In addition, the connection must meet or exceed the standards provided for in this section.

 

(b) Proven, standard algorithms must be used as the basis for encryption technologies.

 

(c) If a connection utilizes a Virtual Private Network (VPN), the following apply:

 

(1) it is the responsibility of the county to ensure that unauthorized users are not allowed access to internal networks;

 

(2) VPN use is to be controlled using either a onetime password authentication such as a token device or a public/private key system with a strong passphrase;

 

(3) when actively connected to the network, VPNs must force all traffic to and from the computer over the VPN tunnel and all other traffic must be dropped;

 

(4) dual (split) tunneling is not permitted; only one network connection is allowed;

 

(5) VPN gateways must be set up and managed by the county or its designee;

 

(6) all computers connected to internal networks via VPN or any other technology must use up-to-date antivirus software; and

 

(7) the VPN concentrator is limited to an absolute connection time of 24 hours.


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Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION REQUIREMENTS.

 

The designated election official shall ensure the electronic roster system complies with the following response-time standards for any computer on the system:

 

(1) a maximum of five seconds to update voter activity;

 

(2) a maximum of 1.5 seconds to process a voter inquiry by identification number; and

 

(3) a maximum of 45 seconds for session startup and password verification.

 

Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING PROCEDURES.

 

(a) The designated election official shall test the electronic roster application to ensure that it meets the minimum system requirements prior to the first election in which it is used. The application must also be tested after the implementation of any system modifications, including any change in the number of connected computers. The county shall indicate in the subsequent security plan whether such retesting has occurred.

 

(b) The test must, at a minimum, include the following:

 

(1) a load test must be demonstrated through either actual computers running at proposed bandwidth and security settings, or by simulating a load test;

 

(2) a contingency/failure test must be demonstrated and documented illustrating the effects of failures identified in section 206A.03; and

 

(3) all tests must be conducted with clients and servers in normal, typical, deployed operating mode.

 

(c) All records and documentation of the testing must be retained by the designated election official for a period of 36 months as part of the election record. The testing record and documentation must include, but is not limited to, the following:

 

(1) a formal test plan containing all test scripts used:

 

(i) the test plan must include test environment containing make, model, type of hardware, and software versions used in testing; and

 

(ii) the test plan must also include the number of client computers, servers, and physical locations involved in testing;

 

(2) test logs of all events that were observed during testing, including:

 

(i) the sequence of actions necessary to set up the tests;

 

(ii) the actions necessary to start the tests;

 

(iii) the actions taken during the execution of the tests;

 

(iv) any measurements taken or observed during the tests;

 

(v) any actions necessary to stop or shut down the tests;


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(vi) any actions necessary to bring the tests to a halt; and

 

(vii) any actions necessary or taken to deal with anomalies experienced during testing;

 

(3) performance logs and reports taken from both servers and workstations during the testing which contain performance information of:

 

(i) network usage (bandwidth);

 

(ii) processor utilization;

 

(iii) Random Access Memory (RAM) utilization; and

 

(iv) any additional performance monitoring reports necessary to explain the process taken and to support the findings of the tests; and

 

(4) all test logs must contain the date, time, operator, test status or outcome, and any additional information to assist the secretary of state in making a determination.

 

Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR PRECINCTS EMPLOYING ELECTRONIC ROSTERS.

 

Counties employing electronic rosters in whole or in part shall allocate computers to affected precincts based upon the total number of registered voters in each precinct 90 days preceding the primary election and historical statistics regarding election day registrants. The minimum computers required shall be on site at each precinct. Precincts employing electronic rosters shall be allocated a minimum of two computers.

 

Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.

 

(a) Written procedures and reports required by this chapter must be submitted by a county to the secretary of state for approval no later than 60 days before the election. The secretary of state shall either approve the procedures as submitted or notify the designated election official of recommended changes.

 

(b) If the secretary of state rejects or approves the written procedures, the secretary of state shall provide written notice of the rejection or approval, including specifics of noncompliance with this chapter within 15 days of receiving the written procedures.

 

(c) If the secretary of state rejects the written procedures, the designated election official shall submit a revised procedure within 15 days.

 

(d) The secretary of state shall permit the filing of the revised procedures at a later date if it is determined that compliance with the 15-day requirement is impossible.

 

Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER IMPLEMENTATION.

 

Subdivision 1. Creation. The Legislative Task Force on Electronic Roster Implementation is established to facilitate development and implementation of electronic rosters for use in elections, as required by this article.

 

Subd. 2. Duties; considerations. (a) The task force shall:

 

(1) study and recommend options for systems that meet the standards for use in a precinct as provided in Minnesota Statutes, chapter 206A;


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(2) study and facilitate implementation of software updates, add-ons, or other changes to the statewide voter registration system that may be necessary to allow the system to support electronic rosters as required by Minnesota Statutes, chapter 206A; and

 

(3) recommend to the legislature any additional changes to law that may be necessary to implement the requirements of this article.

 

(b) Factors that must be considered by the task force in carrying out its duties include, but are not limited to:

 

(1) ease of equipment use by election administrators, election judges, and voters;

 

(2) cost-effectiveness;

 

(3) feasibility of available technologies within precincts;

 

(4) the security, integrity, and reliability of the electronic roster system and its impact on the security, integrity, and reliability of the election; and

 

(5) minimum standards for equipment and software functionality as provided by law.

 

Subd. 3. Membership. The task force consists of 16 members, as follows:

 

(1) the speaker of the house shall appoint one member of the house of representatives, and one individual who served as a head election judge affiliated with the speaker's political party at the 2010 state general election;

 

(2) the minority leader of the house of representatives shall appoint one member of the house, and one individual who served as a head election judge affiliated with the minority leader's political party at the 2010 state general election;

 

(3) the majority leader of the senate shall appoint one member of the senate, and one individual who served as a head election judge affiliated with the majority leader's political party at the 2010 state general election;

 

(4) the minority leader of the senate shall appoint one member of the senate, and one individual who served as a head election judge affiliated with the minority leader's political party at the 2010 state general election;

 

(5) the Minnesota Association of County Auditors shall appoint one head elections administrator from a representative county with a large population, one head elections administrator from a representative county with an average-sized population, and one head elections administrator from a representative county with a small population, as defined by the association;

 

(6) the Minnesota Association of Townships shall appoint one head elections administrator;

 

(7) the League of Minnesota Cities shall appoint one head elections administrator;

 

(8) the secretary of state, or the secretary's designee;

 

(9) the director of information technology in the Office of the Secretary of State; and

 

(10) the Chief Information Officer of the state of Minnesota, or a designee.

 

Appointments required by this subdivision shall be made within 21 days of enactment of this article. The legislator appointed by the speaker of the house shall serve as chair of the task force.


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Subd. 4. Report to legislature. The task force shall submit a report to the legislature on its activities and recommendations no later than December 1, 2011.

 

Subd. 5. Meetings; staff. (a) Meetings of the task force are subject to Minnesota Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or other data that is protected by law.

 

(b) The director of the Legislative Coordinating Commission shall convene the first meeting of the task force no later than July 1, 2011, or within 30 days of enactment of this section, whichever is later, and shall provide staff as necessary to support the work of the task force.

 

Sec. 17. EFFECTIVE DATE.

 

Except where otherwise provided, this article is effective August 14, 2012, and applies to elections held on or after that date.

 

ARTICLE 4

RECOUNTS

 

Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:

 

204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES AGREE.

 

Subdivision 1. Errors of election judges. If the candidates for an office unanimously agree in writing that the election judges in any precinct have made an obvious error in the counting or recording of the votes for that office, they shall deliver the agreement to the county auditor of that county who shall reconvene the county canvassing board, if necessary, and present the agreement to it. The county canvassing board shall correct the error as specified in the agreement.

 

Subd. 2. Errors of county canvassing board. If the candidates for an office unanimously agree in writing that the county canvassing board has made an obvious error in the counting and recording of the vote for that office they shall notify the county auditor who shall reconvene the canvassing board. The county canvassing board shall promptly correct the error as specified in the agreement and file an amended report. When an error is corrected pursuant to this subdivision, the county canvassing board and the county auditor shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

 

Subd. 3. Errors of State Canvassing Board. If the candidates for an office unanimously agree in writing that the State Canvassing Board has made an obvious error in the counting and recording of the vote for that office they shall deliver the agreement to the secretary of state. If a certificate of election has not been issued, the secretary of state shall reconvene the State Canvassing Board and present the agreement to it. The board shall promptly correct the error as specified in the agreement and file an amended statement. When an error is corrected pursuant to this subdivision by the State Canvassing Board, the State Canvassing Board and the secretary of state shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

 

Sec. 2. [204E.01] APPLICABILITY.

 

This chapter establishes procedures for the conduct of all automatic and discretionary recounts provided for in law.

 

Sec. 3. [204E.02] RECOUNT OFFICIALS.

 

(a) The secretary of state or the secretary of state's designee is the recount official for recounts conducted by the State Canvassing Board. The county auditor or the county auditor's designee is the recount official for recounts conducted by the county canvassing board. The county auditor or the county auditor's designee shall conduct recounts for county offices. The municipal clerk or the municipal clerk's designee is the recount official for recounts


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conducted by the municipal governing body. The school district clerk or the school district clerk's designee is the recount official for recounts conducted by the school board, or by a school district canvassing board as provided in section 205A.10, subdivision 5.

 

(b) A recount official may delegate the duty to conduct a recount to a county auditor or municipal clerk by mutual consent. When the person who would otherwise serve as recount official is a candidate or is the employee or other subordinate, spouse, child, parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling of a candidate for the office to be recounted, the appropriate canvassing board shall select a county auditor or municipal clerk from another jurisdiction to conduct the recount.

 

(c) As used in this chapter, "legal adviser" means counsel to the recount official and the canvassing board for the office being recounted.

 

Sec. 4. [204E.03] SCOPE OF RECOUNTS.

 

A recount conducted as provided in this chapter is limited in scope to the determination of the number of votes validly cast for the office to be recounted. Only the ballots cast in the election and the summary statements certified by the election judges may be considered in the recount process. Original ballots that have been duplicated under section 206.86, subdivision 5, are not within the scope of a recount and must not be examined except as provided by a court in an election contest under chapter 209.

 

Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.

 

Subdivision 1. Automatic recounts. (a) In a state primary when the difference between the votes cast for the candidates for nomination to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office is:

 

(1) less than one-half of one percent of the total number of votes counted for that nomination; or

 

(2) ten votes or less and the total number of votes cast for the nomination is 400 votes or less,

 

and the difference determines the nomination, the canvassing board with responsibility for declaring the results for that office shall manually recount the vote.

 

(b) In a state general election when the difference between the votes of a candidate who would otherwise be declared elected to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office and the votes of any other candidate for that office is:

 

(1) less than one-half of one percent of the total number of votes counted for that office; or

 

(2) ten votes or less if the total number of votes cast for the office is 400 votes or less,

 

the canvassing board shall manually recount the votes.

 

(c) Time for notice of a contest for an office recounted under this section begins to run upon certification of the results of the recount by the canvassing board, or as otherwise provided in section 209.021.

 

(d) A losing candidate may waive a recount required by this section by filing a written notice of waiver with the canvassing board.


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Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was on the ballot for nomination or election to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office may request a recount in a manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by this section. The votes must be manually recounted as provided in this section if the candidate files a request during the time for filing notice of contest of the primary or election for which a recount is sought.

 

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in an amount set by the filing officer for the payment of the recount expenses. The requesting candidate is responsible for the following expenses: the compensation of the secretary of state or designees and any election judge, municipal clerk, county auditor, administrator, or other personnel who participate in the recount; necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing for the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body responsible for the recount.

 

(c) The requesting candidate may provide the filing officer with a list of up to three precincts that are to be recounted first and may waive the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount official must determine the expenses for those precincts in the manner provided by paragraph (b).

 

(d) If the winner of the race is changed by the optional recount, the cost of the recount must be paid by the jurisdiction conducting the recount.

 

(e) If a result of the vote counting in the manual recount is different from the result of the vote counting reported on election day by a margin greater than the standard for acceptable performance of voting systems provided in section 206.89, subdivision 4, the cost of the recount must be paid by the jurisdiction conducting the recount.

 

Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS.

 

Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of one percent of the total votes counted for that office. In case of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the total number of votes cast for the nomination or election of all candidates is no more than 400. In cases of offices where two or more seats are being filled from among all the candidates for the office, the ten-vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(c) Candidates for county offices shall file a written request for the recount with the county auditor. Candidates for municipal or school district offices shall file a written request with the municipal or school district clerk as appropriate. All requests must be filed during the time for notice of contest of the primary or election for which a recount is sought.

 

(d) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district.


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Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount in the manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by subdivision 1. The votes must be manually recounted as provided in this section if the requesting candidate files with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by the governing body of the jurisdiction or the school board of the school district for the payment of the recount expenses.

 

(b) The requesting candidate may provide the filing officer with a list of up to three precincts that are to be recounted first and may waive the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount official must determine the expenses for those precincts in the manner provided by this paragraph.

 

(c) If the winner of the race is changed by the optional recount, the cost of the recount must be paid by the jurisdiction conducting the recount.

 

(d) If a result of the vote counting in the manual recount is different from the result of the vote counting reported on election day by a margin greater than the standard for acceptable performance of voting systems provided in section 206.89, subdivision 4, the cost of the recount must be paid by the jurisdiction conducting the recount.

 

Subd. 3. Discretionary ballot question recounts. A recount may be conducted for a ballot question when the difference between the votes for and the votes against the question is less than or equal to the difference provided in subdivision 1. A recount may be requested by any person eligible to vote on the ballot question. A written request for a recount must be filed with the filing officer of the county, municipality, or school district placing the question on the ballot and must be accompanied by a petition containing the signatures of 25 voters eligible to vote on the question. Upon receipt of a written request when the difference between the votes for and the votes against the question is less than or equal to the difference provided in subdivision 1, the county auditor shall recount the votes for a county question at the expense of the county, the governing body of the municipality shall recount the votes for a municipal question at the expense of the municipality, and the school board of the school district shall recount the votes for a school district question at the expense of the school district. If the difference between the votes for and the votes against the question is greater than the difference provided in subdivision 1, the person requesting the recount shall also file with the filing officer of the county, municipality, or school district a bond, cash, or surety in an amount set by the appropriate governing body for the payment of recount expenses. The written request, petition, and any bond, cash, or surety required must be filed during the time for notice of contest for the election for which the recount is requested.

 

Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a discretionary recount, is responsible for the following expenses: the compensation of the secretary of state, or designees, and any election judge, municipal clerk, county auditor, administrator, or other personnel who participate in the recount; necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing for the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body responsible for the recount.

 

Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the time for notice of contest of a nomination or election to an office which is recounted pursuant to this section begins to run upon certification of the results of the recount by the appropriate canvassing board or governing body.

 

Sec. 7. [204E.06] NOTICE.

 

Within 24 hours after determining that an automatic recount is required or within 48 hours of receipt of a written request for a recount and filing of a security deposit if one is required, the official in charge of the recount shall send notice to the candidates for the office to be recounted and the county auditor of each county wholly or partially within the election district. The notice must include the date, starting time, and location of the recount, the office to be recounted, and the name of the official performing the recount. The notice must state that the recount is open to the public and, in case of an automatic recount, that the losing candidate may waive the recount.


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Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.

 

(a) The official who has custody of the voted ballots is responsible for keeping secure all election materials. Registration cards of voters who registered on election day may be processed as required by rule. All other election materials must be kept secure by precinct as returned by the election judges until all recounts have been completed and until the time for contest of election has expired.

 

(b) Any candidate for an office to be recounted may have all materials relating to the election, including, but not limited to, polling place rosters, voter registration applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct summary statements, printouts from voting machines, and precinct incident logs inspected before the canvassing board may certify the results of the recount.

 

Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.

 

All recounts must be accessible to the public. In a multicounty recount the secretary of state may locate the recount in one or more of the election jurisdictions or at the site of the canvassing board. Each election jurisdiction where a recount is conducted shall make available, without charge to the recount official or body conducting the recount, adequate accessible space and all necessary equipment and facilities.

 

Sec. 10. [204E.09] GENERAL PROCEDURES.

 

At the opening of a recount, the recount official or legal adviser shall present the procedures contained in this section for the recount. The custodian of the ballots shall make available to the recount official the precinct summary statements, the precinct boxes or the sealed containers of voted ballots, and any other election materials requested by the recount official. If the recount official needs to leave the room for any reason, the recount official must designate a deputy recount official to preside during the recount official's absence. A recount official must be in the room at all times. The containers of voted ballots must be unsealed and resealed within public view. No ballots or election materials may be handled by candidates, their representatives, or members of the public. There must be an area of the room from which the public may observe the recount. Cell phones and video cameras may be used in this public viewing area, as long as their use is not disruptive. The recount official shall arrange the counting of the ballots so that the candidates and their representatives may observe the ballots as they are recounted. Candidates may each have one representative observe the sorting of each precinct. One additional representative per candidate may observe the ballots when they have been sorted and are being counted pursuant to section 204E.10. Candidates may have additional representatives in the public viewing area of the room. If other election materials are handled or examined by the recount officials, the candidates and their representatives may observe them. The recount official shall ensure that public observation does not interfere with the counting of the ballots. The recount official shall prepare a summary of the recount vote by precinct.

 

Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.

 

Subdivision 1. Breaks in counting process. Recount officials may not take a break for a meal or for the day prior to the completion of the sorting, counting, review, and labeling of challenges, and secure storage of the ballots for any precinct. All challenged ballots must be stored securely during breaks in the counting process.

 

Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount official shall open the sealed container of ballots and recount them in accordance with section 204C.22. The recount official must review each ballot and sort the ballots into piles based upon the recount official's determination as to which candidate, if any, the voter intended to vote for: one pile for each candidate that is the subject of the recount and one pile for all other ballots.

 

Subd. 3. Challenge. During the sorting, a candidate or candidate's representative may challenge the ballot if he or she disagrees with the recount official's determination of for whom the ballot should be counted and whether there are identifying marks on the ballot. At a recount of a ballot question, the manner in which a ballot is counted may be challenged by the person who requested the recount or that person's representative. Challenges may not be


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automatic or frivolous and the challenger must state the basis for the challenge pursuant to section 204C.22. Challenged ballots must be placed into separate piles, one for ballots challenged by each candidate. Only the canvassing board with responsibility to certify the results of the recount has the authority to declare a challenge to be "frivolous."

 

Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must count the piles using the stacking method described in section 204C.21. A candidate or candidate's representative may immediately request to have a pile of 25 counted a second time if there is not agreement as to the number of votes in the pile.

 

Subd. 5. Reviewing and labeling challenged ballots. After the ballots from a precinct have been counted, the recount official may review the challenged ballots with the candidate or the candidate's representative. The candidate's representative may choose to withdraw any challenges previously made. The precinct name, the reason for the challenge, and the name of the person challenging the ballot or the candidate that person represents, and a sequential number must be marked on the back of each remaining challenged ballot before it is placed in an envelope marked "Challenged Ballots." After the count of votes for the precinct has been determined, all ballots except the challenged ballots must be resealed in the ballot envelopes and returned with the other election materials to the custodian of the ballots. The recount official may make copies of the challenged ballots. After the count of votes for all precincts has been determined during that day of counting, the challenged ballot envelope must be sealed and kept secure for presentation to the canvassing board.

 

Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.

 

Subdivision 1. Certification of results. The recount official shall present the summary statement of the recount and any challenged ballots to the canvassing board. The candidate or candidate's representative who made the challenge may present the basis for the challenge to the canvassing board. The canvassing board shall rule on the challenged ballots and incorporate the results into the summary statement. The canvassing board shall certify the results of the recount. Challenged ballots must be returned to the election official who has custody of the ballots.

 

Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the canvassing board with the responsibility for declaring the results for that office shall determine the tie by lot.

 

Sec. 13. [204E.12] SECURITY DEPOSIT.

 

When a bond, cash, or surety for recount expenses is required by section 204E.04 or 204E.05, the governing body or recount official shall set the amount of the security deposit at an amount which will cover expected recount expenses. In multicounty districts, the secretary of state shall set the amount taking into consideration the expenses of the election jurisdictions in the district and the expenses of the secretary of state. The security deposit must be filed during the period for requesting an administrative recount. In determining the expenses of the recount, only the actual recount expenditures incurred by the recount official and the election jurisdiction in conducting the recount may be included. General office and operating costs may not be taken into account.

 

Sec. 14. REVISOR'S INSTRUCTION.

 

Except where otherwise amended by this article, the revisor of statutes shall renumber each section of Minnesota Statutes listed in column A with the number listed in column B. The revisor shall make necessary cross-reference changes consistent with the renumbering.

 

Column A

Column B

 

 

204C.34

204E.11, subdivision 2

204C.35

204E.04

204C.36

204E.05


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Sec. 15. REPEALER.

 

Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are repealed.

 

Sec. 16. EFFECTIVE DATE.

 

This article is effective June 1, 2011, and applies to recounts conducted on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to elections; requiring voters to provide picture identification before receiving a ballot in most situations; providing for the issuance of voter identification cards at no charge; establishing a procedure for provisional balloting; creating challenged voter eligibility list; specifying other election administration procedures; allowing use of electronic polling place rosters; setting standards for use of electronic polling place rosters; creating legislative task force on electronic roster implementation; enacting procedures related to recounts; appropriating money; amending Minnesota Statutes 2010, sections 13.69, subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision; 171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions 1, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071; 171.11; 171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1; 211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 229, A bill for an act relating to public safety; authorizing judges to prohibit certain juvenile sex offenders from residing near their victims; amending Minnesota Statutes 2010, section 260B.198, subdivision 1, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, line 32, delete "2010" and insert "2011"

 

Page 4, delete lines 1 to 5 and insert:

 

"Subd. 1a. Juvenile sex offenders; residency restriction. If the court finds that the child is 15 years of age or older, is delinquent due to a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, and does not reside in the same home as the victim, in addition to other dispositions authorized under this section, the court may prohibit the child from residing within 1,000 feet or three city blocks, whichever distance is greater, from the victim for a portion or the entire period that the court has jurisdiction over the child."


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Page 4, line 6, delete "2010" and insert "2011"

 

 

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

 

The report was adopted.

 

 

Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 322, A bill for an act relating to children; establishing a presumption of joint physical custody; creating the Children's Equal and Shared Parenting Act; requiring certain parenting plans; amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3; 518.091; 518.131, subdivision 1; 518.156; 518.167, subdivision 2; 518.175, subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2010, section 257.541, is amended to read:

 

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.

 

Subdivision 1. Mother's right to custody. The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole custody of the child until paternity has been established under sections 257.51 to 257.74, or until custody is determined in a separate proceeding under section 518.156.

 

Subd. 2. Father's right to parenting time and custody. (a) If paternity has been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the father's rights of parenting time or custody are determined under sections 518.17 and 518.169 to 518.175.

 

(b) If paternity has not been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the biological father may petition for rights of parenting time or custody in the paternity proceeding or in a separate proceeding under section 518.156. The rights of parenting time or custody must be determined under sections 518.169 to 518.175.

 

Subd. 3. Father's right to parenting time and custody; recognition of paternity. If paternity has been recognized under section 257.75, the father may petition for rights of parenting time or custody in an independent action under section 518.156. The proceeding must be treated as an initial determination of custody under section 518.17. The and the provisions of chapter 518 sections 518.169 to 518.175 apply with respect to the granting of custody and parenting time. An action to determine custody and parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage. These proceedings may not be combined with any proceeding under chapter 518B.

 

EFFECTIVE DATE. This section is effective for temporary orders and child custody determinations made on or after January 1, 2012.

 

Sec. 2. Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to read:

 

Subd. 3. Custody. Unless otherwise agreed by the parties:

 

(a) "Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.


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(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.

 

(c) "Physical custody and residence" means the routine daily care and control and the residence of the child.

 

(d) "Joint physical custody" means that the routine daily care and control and the residence of the child is structured shared between the parties.

 

(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.

 

(f) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.

 

(g) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.

 

EFFECTIVE DATE. This section is effective for temporary orders and child custody determinations made on or after January 1, 2012.

 

Sec. 3. Minnesota Statutes 2010, section 518.091, is amended to read:

 

518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS; NOTICE REGARDING CUSTODY AND PARENTING TIME.

 

Subdivision 1. Temporary restraining orders. (a) Every summons must include the notice in this subdivision.

 

NOTICE OF TEMPORARY RESTRAINING AND

ALTERNATIVE DISPUTE RESOLUTION PROVISIONS

 

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:

 

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;

 

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

 

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.

 

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO SANCTIONS BY THE COURT.


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(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.

 

(b) Upon service of the summons, the restraining provisions contained in the notice apply by operation of law upon both parties until modified by further order of the court or dismissal of the proceeding, unless more than one year has passed since the last document was filed with the court.

 

Subd. 2. Parent education program requirements. Every summons involving custody or parenting time of a minor child must include the notice in this subdivision.

 

NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS

 

UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.

 

Subd. 3. Custody and parenting time requirements. Every summons must include the notice in this subdivision.

 

NOTICE OF CUSTODY AND PARENTING TIME

 

PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN EXCEPTIONS AND OTHER PROVISIONS APPLY UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO 518.175.

 

EFFECTIVE DATE. This section is effective for summons issued on or after January 1, 2012.

 

Sec. 4. Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to read:

 

Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final disposition of the proceeding to or for:

 

(a) Temporary custody and parenting time pursuant to sections 518.169 to 518.175, regarding the minor children of the parties;

 

(b) Temporary maintenance of either spouse;


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(c) Temporary child support for the children of the parties;

 

(d) Temporary costs and reasonable attorney fees;

 

(e) Award the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the parties;

 

(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court;

 

(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the children of the parties;

 

(h) Restrain one or both parties from removing any minor child of the parties from the jurisdiction of the court;

 

(i) Exclude a party from the family home of the parties or from the home of the other party; and

 

(j) Require one or both of the parties to perform or to not perform such additional acts as will facilitate the just and speedy disposition of the proceeding, or will protect the parties or their children from physical or emotional harm.

 

EFFECTIVE DATE. This section is effective for temporary orders issued on or after January 1, 2012.

 

Sec. 5. Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to read:

 

Subd. 7. Guiding factors. The court shall be guided by the factors set forth in chapter 518A (concerning child support), and sections 518.552 (concerning maintenance), 518.17 518.169 to 518.175 (concerning custody and parenting time), and 518.14 (concerning costs and attorney fees) in making temporary orders and restraining orders.

 

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

 

Sec. 6. Minnesota Statutes 2010, section 518.155, is amended to read:

 

518.155 CUSTODY DETERMINATIONS.

 

Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or child custody has been commenced shall not issue, revise, modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, 518.169, 518.17, 518.175 or 518.18, which affects the custody of a minor child or the parenting time of a parent unless the court has jurisdiction over the matter pursuant to the provisions of chapter 518D.

 

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

 

Sec. 7. Minnesota Statutes 2010, section 518.156, is amended to read:

 

518.156 COMMENCEMENT OF CUSTODY PROCEEDING.

 

Subdivision 1. Procedure. In a court of this state which has with jurisdiction to decide child custody matters, a child custody proceeding is commenced by a parent:

 

(1) by filing a petition for dissolution or legal separation; or


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(2) where a decree of dissolution or legal separation has been entered or where none is sought, or when paternity has been recognized under section 257.75, by filing a petition or motion seeking custody or parenting time with the child in the county where the child is permanently resident or, where the child is found, or where an earlier order for custody of the child has been entered.

 

Subd. 2. Required notice. (a) Written notice of a child custody or parenting time or visitation proceeding shall be given to the child's parent, guardian, and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

 

(b) Every notice must include the following notice of custody and parenting time requirements.

 

NOTICE OF CUSTODY AND PARENTING TIME

 

PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL CUSTODY AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT PARENTING TIME, UNLESS THE PARENTS AGREE OTHERWISE. CERTAIN EXCEPTIONS AND OTHER PROVISIONS APPLY UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO 518.175.

 

EFFECTIVE DATE. This section is effective for all notices issued on or after January 1, 2012.

 

Sec. 8. Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to read:

 

Subd. 2. Preparation. (a) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the potential custodial arrangements except for persons involved in mediation efforts between the parties. Mediation personnel may disclose to investigators and evaluators information collected during mediation only if agreed to in writing by all parties. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, school personnel, or other expert persons who have served the child in the past after obtaining the consent of the parents or the child's custodian or guardian.

 

(b) The report submitted by the investigator must consider and evaluate the factors in section 518.17, subdivision 1 518.169, subdivision 3, and include a detailed analysis of all information considered for each factor., provided that if joint physical custody is contemplated or sought not requested by either party, the report must consider and evaluate the factors in section 518.17, subdivision 2, 518.17, subdivision 1. The report must state the position of each party and the investigator's recommendation and the reason for the recommendation, and reference established means for dispute resolution between the parties.

 

EFFECTIVE DATE. This section is effective for all investigations ordered on or after January 1, 2012.

 

Sec. 9. [518.169] JOINT CUSTODY AND EQUAL SHARED PARENTING.

 

Subdivision 1. Public policy. (a) Recognizing the importance of protections afforded children by their ability to develop strong parental bonds, and recognizing the fundamental right and liberty interest that parents enjoy regarding the care, custody, and companionship of their children, the legislature finds and declares the following with respect to the intent of Minnesota laws relating to families:

 

(1) an intact, involved two-parent home provides the optimal environment through which children grow into productive and responsible adult citizens;

 

(2) parents play the primary role in the nurturing and development of their children. Our society, state, and statutes are secondary structures designed to support, not supplant, both parents in their role as the primary shapers of their children;


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(3) mothers and fathers provide unique and invaluable contributions toward the development of their children. Each parent's contributions to the upbringing of their children are indistinguishable and equally necessary to assure children the best opportunity to develop into healthy citizens;

 

(4) children should be separated from their parents only under the most compelling and unusual circumstances in order to protect a child from endangerment;

 

(5) it is in the best interests of children to have frequent and continuing physical contact with both parents under joint legal and joint physical custody when the parents live separately, including after parental separation or dissolution of marriage. The proper role of the state is to interfere to the least degree in familial relationships with the specific purpose of preserving maximum time allocations with each parent and their children;

 

(6) parents may, and should be encouraged to, reach any agreement mutually acceptable to them regarding their parenting time allocations that reflects the individual circumstances of the parents and children. In the event parents cannot reach agreement on a parenting arrangement, it is the specific intent of Minnesota law that parents have a right to a rebuttable presumption of equal time with their children; and

 

(7) the judiciary in contested custody proceedings should demonstrate consistent application of the rebuttable presumption in favor of joint legal and joint physical custody in order to minimize the adversarial nature of custody proceedings.

 

(b) The purpose of this section is to prevent children from being alienated or disenfranchised from their parents' lives through the unwarranted interference of either parent.

 

(c) This section establishes clear legislative policy regarding the relationship of children with each parent when the parents live separately.

 

(d) In accordance with the findings in paragraph (a), the legislature declares that public policy is advanced and the best interests of children are promoted through equal and shared parenting and the recognition of both parents' fundamental freedoms to actively participate in the care, custody, and companionship of their children.

 

Subd. 2. Presumption of joint legal and physical custody and shared parenting. This subdivision applies to temporary and final orders in marriage dissolution or parentage cases. Upon request of either or both parties, the court shall use a rebuttable presumption that joint legal custody and joint physical custody, with equal shared parenting, is in the best interests of the child. For purposes of this subdivision, "equal" means a minimum parenting time for each parent of 45.1 percent. The percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight. The parenting time must be spread throughout one calendar year in a way that best meets variable circumstances for the parties, unless both parents agree to a different division of time or schedule.

 

Subd. 3. Overcoming presumption. If the parents are unable to reach an agreement on joint legal and joint physical custody and equal shared parenting, the burden of overcoming the presumption of joint legal custody, joint physical custody, and equal shared parenting rests on the parent challenging the presumption. To overcome the presumption, the court must find that the parent challenging the presumption has established by clear and convincing evidence that:

 

(1) the other parent's actions rise to the level of endangering the child due to any of the following:

 

(i) abandonment under section 260C.007, subdivision 6, clause (1), 260C.301, subdivision 2, or 518.1705, subdivision 6, paragraph (b), clause (3);


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(ii) physical or sexual abuse under section 260C.007, subdivision 6, clause (2);

 

(iii) neglect under section 260C.007, subdivision 6, clause (3) or (8);

 

(iv) allowing the child to live in injurious or dangerous conditions under section 260C.007, subdivision 6, clause (9);

 

(v) egregious harm under section 260C.007, subdivision 14;

 

(vi) emotional maltreatment under section 260C.007, subdivision 15;

 

(vii) great bodily harm under section 609.02, subdivision 7;

 

(viii) conviction of child abuse as defined in section 609.185, clause (b);

 

(ix) child maltreatment under section 626.556, subdivision 2, clauses (c) to (g); or

 

(x) domestic abuse as defined in section 518B.01, except when:

 

(A) a parent has petitioned for an order for protection and the petition has been dismissed or denied by a court, or an order for protection was filed by agreement of the parties without a finding of domestic abuse and the agreement and order incorporating the agreement did not provide otherwise, in which case the court must find that no domestic abuse has occurred with respect to matters that were alleged or could have been alleged; or

 

(B) a parent knowingly makes false allegations of domestic abuse as defined in section 518B.01, subdivision 2. Making a false allegation of abuse is sufficient grounds to challenge the custody and parenting time of the accuser. Allegations raised in the context of custody proceedings that do not display evidence of a previous pattern of abuse deserve heightened scrutiny as to their veracity; or

 

(2) the other parent is incapable of self-management or management of personal affairs and would jeopardize the safety of the children due to current habitual and excessive use of alcohol, drugs, or other mind-altering substances and the related actions due to the substance abuse demonstrate endangerment to the well-being of the child.

 

Subd. 4. Consideration of geographic limitations. This subdivision applies when the presumption has not been overcome, but due to the parents' different geographic locations, a 45.1 percent minimum parenting time for each parent would prevent the parents from keeping the child in one school during a school year. During the pendency of the custody proceeding, the child shall remain in the same school district which the child currently attends or most recently attended, unless the parents agree otherwise, or except in cases under section 518B.01 where the parent or child involved in the proceeding is endangered. If the parents do not agree otherwise, the court shall determine which parent has the majority of parenting time using the best interests of the child factors under section 518.17, subdivision 1, provided that a minimum of 25 percent parenting time must be granted to the other parent, making every attempt to exceed this amount and maximize the parental involvement of each parent.

 

Subd. 5. Findings and order. (a) If the court finds the presumption has been overcome, the court shall make detailed written findings that enumerate and explain which of the factors in this subdivision are applicable and what evidence supported these factors. The court shall restrict physical custody and parenting time with the other parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant.

 

(b) If the court finds the presumption was not overcome, the court shall issue a custody order or parenting plan with a minimum 45.1 percent parenting time for each parent, or a different division of time agreed to by the parents, or as provided under subdivision 4, if applicable.

 

EFFECTIVE DATE. This section is effective for temporary orders and child custody determinations made on or after January 1, 2012.


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Sec. 10. Minnesota Statutes 2010, section 518.17, subdivision 1, is amended to read:

 

Subdivision 1. The best interests of the child. (a) Subject to section 518.169, "the best interests of the child" means all relevant factors to be considered and evaluated by the court including:

 

(1) the wishes of the child's parent or parents as to custody;

 

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

 

(3) the child's primary caretaker;

 

(4) the intimacy of the relationship between each parent and the child;

 

(5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;

 

(6) the child's adjustment to home, school, and community;

 

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

 

(8) the permanence, as a family unit, of the existing or proposed custodial home;

 

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child;

 

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

 

(11) the child's cultural background;

 

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and

 

(13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

 

The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

 

(b) The court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child.

 

Sec. 11. Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to read:

 

Subd. 3. Custody order. (a) Subject to section 518.169, upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further order as it deems just and proper concerning:


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(1) the legal custody of the minor children of the parties which shall be sole or joint;

 

(2) their physical custody and residence; and

 

(3) their support. In determining custody, the court shall consider use section 518.169 or, if section 518.169 is not applicable, use the best interests of each the child factors under subdivision 1 and shall not prefer one parent over the other solely on the basis of the sex of the parent. If neither party requests joint legal and joint physical custody under section 518.169 but either or both parties request joint legal custody, the court shall use a rebuttable presumption that joint legal custody is in the best interests of the child.

 

(b) The court shall grant the following rights to each of the parties, unless specific findings are made under section 518.68, subdivision 1. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Each party shall keep the other party informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment. Each party has the right to reasonable access and telephone contact with the minor children. The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.

 

Sec. 12. Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to read:

 

Subd. 3. Creating parenting plan; restrictions on creation; alternative. (a) Upon the request of both parents, a parenting plan must be created in lieu of an order for child custody and parenting time unless the court makes detailed findings that the proposed plan is not in the best interests of the child.

 

(b) If both parents do not agree to a parenting plan, the court may create one on its own motion, except that the court must not do so if it finds that a parent has committed domestic abuse against a parent or child who is a party to, or subject of, the matter before the court. If the court creates a parenting plan on its own motion, it must not use alternative terminology unless the terminology is agreed to by the parties.

 

(c) If an existing order does not contain a parenting plan, the parents must not be required to create a parenting plan as part of a modification order under section 518A.39.

 

(d) A parenting plan must not be required during an action under section 256.87.

 

(e) If the parents do not agree to a parenting plan and the court does not create one on its own motion, orders for custody and parenting time must be entered under sections 518.17 and 518.169 to 518.175 or section 257.541, as applicable.

 

Sec. 13. Minnesota Statutes 2010, section 518.1705, subdivision 5, is amended to read:

 

Subd. 5. Role of court. If both parents agree to the use of a parenting plan but are unable to agree on all terms, the court may create a parenting plan under this section. If the court is considering a parenting plan, it may require each parent to submit a proposed parenting plan at any time before entry of the final judgment and decree. If parents seek the court's assistance in deciding the schedule for each parent's time with the child or designation of decision-making responsibilities regarding the child, the court may order an evaluation and should consider the appointment of a guardian ad litem. Parenting plans, whether entered on the court's own motion, following a contested hearing, or reviewed by the court pursuant to a stipulation, must be based on the best interests factors in section 518.169, 518.17, or 257.025, as applicable.


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Sec. 14. Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to read:

 

Subd. 9. Modification of parenting plans. (a) Parents may modify the schedule of the time each parent spends with the child or the decision-making provisions of a parenting plan by agreement. To be enforceable, modifications must be confirmed by court order. A motion to modify decision-making provisions or the time each parent spends with the child may be made only within the time limits provided by section 518.18.

 

(b) The parties may agree, but the court must not require them, to apply the best interests standard in section 518.17 or 257.025, as applicable, or another standard, for deciding a motion for modification that would change the child's primary residence or the physical custodial arrangement for the child, provided that:

 

(1) both parties were represented by counsel when the parenting plan was approved; or

 

(2) the court found the parties were fully informed, the agreement was voluntary, and the parties were aware of its implications.

 

(c) If the parties do not agree to apply the best interests standard or another standard, section 518.18, paragraph (d), applies.

 

Sec. 15. Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to read:

 

Subdivision 1. General. (a) In all proceedings for dissolution or legal separation, Subject to section 518.169, subsequent to the commencement of the a custody proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent who does not have temporary or permanent sole or joint physical custody of the child as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child.

 

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the parent prior to the commencement of the proceeding.

 

(c) A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of parenting time.

 

(b) (d) The court may provide that a law enforcement officer or other appropriate person will accompany a party seeking to enforce or comply with parenting time.

 

(c) (e) Upon request of either party, to the extent practicable an order for parenting time must include a specific schedule for parenting time, including the frequency and duration of visitation and visitation during holidays and vacations, unless parenting time is restricted, denied, or reserved.

 

(d) (f) The court administrator shall provide a form for a pro se motion regarding parenting time disputes, which includes provisions for indicating the relief requested, an affidavit in which the party may state the facts of the dispute, and a brief description of the parenting time expeditor process under section 518.1751. The form may not include a request for a change of custody. The court shall provide instructions on serving and filing the motion.

 

(e) In the absence of other evidence, there is a rebuttable presumption that a parent is entitled to receive at least 25 percent of the parenting time for the child. For purposes of this paragraph, the percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.


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EFFECTIVE DATE. This section is effective for child custody determinations made on or after January 1, 2012.

 

Sec. 16. Minnesota Statutes 2010, section 518.179, subdivision 1, is amended to read:

 

Subdivision 1. Seeking custody or parenting time. Notwithstanding any contrary provision in section 518.169, 518.17, or 518.175, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2, the person seeking custody or parenting time has the burden to prove that custody or parenting time by that person is in the best interests of the child if:

 

(1) the conviction occurred within the preceding five years;

 

(2) the person is currently incarcerated, on probation, or under supervised release for the offense; or

 

(3) the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.

 

If this section applies, the court may not grant custody or parenting time to the person unless it finds that the custody or parenting time is in the best interests of the child. If the victim of the crime was a family or household member, the standard of proof is clear and convincing evidence. A guardian ad litem must be appointed in any case where this section applies.

 

Sec. 17. Minnesota Statutes 2010, section 518.18, is amended to read:

 

518.18 MODIFICATION OF ORDER.

 

(a) Unless agreed to in writing by the parties, no motion to modify a custody order or parenting plan may be made earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody, except in accordance with paragraph (c).

 

(b) If a motion for modification has been heard, whether or not it was granted, unless agreed to in writing by the parties no subsequent motion may be filed within two years after disposition of the prior motion on its merits, except in accordance with paragraph (c).

 

(c) The time limitations prescribed in paragraphs (a) and (b) shall not prohibit a motion to modify a custody order or parenting plan if the court finds that there is persistent and willful denial or interference with parenting time, or has reason to believe that the child's present environment may endanger the child's physical or emotional health or impair the child's emotional development.

 

(d) If the court has jurisdiction to determine child custody matters, the court shall not modify a prior custody order or a parenting plan provision which specifies the child's primary residence or the physical custodial arrangement for the child unless it finds, upon the basis of facts, including unwarranted denial of, or interference with, a duly established parenting time schedule, that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child, consistent with sections 518.169 to 518.175. In applying these standards, the court shall retain the custody arrangement or the parenting plan provision specifying the child's primary residence or the physical custodial arrangement for the child that was established by the prior order unless:

 

(i) the court finds that a change in the custody arrangement or primary residence is in the best interests of the child and the parties consistent with a standard previously agreed to by the parties, in a writing approved by a court, to apply the best interests standard in section 518.17 or 257.025, as applicable; and, with respect to agreements approved by a court on or after April 28, 2000, both parties were represented by counsel when the agreement was approved or the court found the parties were fully informed, the agreement was voluntary, and the parties were aware of its implications;


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(ii) both parties agree to the modification;

 

(iii) the child has been integrated into the family of the petitioner with the consent of the other party;

 

(iv) the child's present environment endangers the child's physical or emotional health or impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

 

(v) the court has denied a request of the primary custodial a parent with sole or joint physical custody of the child to move the residence of the child to another state, and the primary custodial parent has relocated to another state despite the court's order.

 

In addition, a court may modify a custody order or parenting plan under section 631.52.

 

(e) In deciding whether to modify a prior joint custody order, the court shall apply the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the application of a different standard, or (2) the party seeking the modification is asking the court for permission to move the residence of the child to another state.

 

(f) If a parent has been granted sole physical custody of a minor and the child subsequently lives with the other parent, and temporary sole physical custody has been approved by the court or by a court-appointed referee, the court may suspend the obligor's child support obligation pending the final custody determination. The court's order denying the suspension of child support must include a written explanation of the reasons why continuation of the child support obligation would be in the best interests of the child.

 

(g) There must be no modification of an existing custody order based on the joint physical custody provisions of section 518.169 until July 1, 2013, unless the child's environment presently endangers the child's physical or emotional health or impairs the child's emotional development.

 

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

 

Sec. 18. REVISOR'S INSTRUCTION.

 

The revisor of statutes shall change the headnote for Minnesota Statutes, section 518.175, to read "OTHER PARENTING TIME PROVISIONS."

 

Sec. 19. REPEALER.

 

Minnesota Statutes 2010, section 518.17, subdivision 2, is repealed.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to family law; changing certain custody and parenting time provisions; amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3; 518.091; 518.131, subdivisions 1, 7; 518.155; 518.156; 518.167, subdivision 2; 518.17, subdivisions 1, 3; 518.1705, subdivisions 3, 5, 9; 518.175, subdivision 1; 518.179, subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2."

 

 

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

 

The report was adopted.


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Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 447, A bill for an act relating to vulnerable adults; modifying provisions governing investigations, reviews, and hearings; making the crime of criminal abuse of a vulnerable adult a registrable offense under the predatory offender registration law; changing terminology; increasing the criminal penalty for assaulting a vulnerable adult; providing criminal penalties; amending Minnesota Statutes 2010, sections 144.7065, subdivision 10; 243.166, subdivision 1b; 256.021; 256.045, subdivision 4; 518.165, subdivision 5; 524.5-118, subdivision 2; 609.2231, by adding a subdivision; 609.224, subdivision 2; 626.557, subdivisions 9, 9a, 9c, 9d, 12b, by adding a subdivision; 626.5571, subdivision 1; 626.5572, subdivision 13.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 467, A bill for an act relating to public safety; directing the commissioner of corrections to implement a gardening program at state correctional facilities; proposing coding for new law in Minnesota Statutes, chapter 241.

 

Reported the same back with the following amendments:

 

Page 1, after line 23, insert:

 

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

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 537, A bill for an act relating to traffic regulations; providing that speed in excess of ten miles per hour over speed limit of 60 miles per hour does not go on driver's driving record; amending Minnesota Statutes 2010, section 171.12, subdivision 6.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:

 

Subd. 1b. Speed. The uniform traffic ticket must provide a blank or space wherein an officer who issues a citation for a violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour the speed limit."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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

 

H. F. No. 575, A bill for an act relating to education; clarifying requirements governing probationary teacher and principal status; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 5, 11, by adding a subdivision; 122A.41, subdivisions 2, 5a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:

 

Subd. 5. Probationary period. (a) The first three consecutive years of a teacher's first teaching experience in Minnesota in a single district is deemed to be a probationary period of employment, and after completion thereof, the probationary period in each district in which the teacher is thereafter employed also shall be one year three consecutive years of teaching experience except that for purposes of this provision, the probationary period for principals and assistant principals shall be two consecutive years. The school board must adopt a plan for written evaluation of teachers during the probationary period. Evaluation must occur at least three times periodically throughout each school year for a teacher performing services on 120 or more school days, at least two times each year for a teacher performing services on 60 to 119 school days, and at least one time each year for a teacher performing services on fewer than 60 school days during that school year. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school must not be included in determining the number of school days on which a teacher performs services. Except as otherwise provided in paragraph (b), during the probationary period any annual contract with any teacher may or may not be renewed as the school board shall see fit. However, the board must give any such teacher whose contract it declines to renew for the following school year written notice to that effect before July June 1. If the teacher requests reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason in writing, including a statement that appropriate supervision was furnished describing the nature and the extent of such supervision furnished the teacher during the employment by the board, within ten days after receiving such request. The school board may, after a hearing held upon due notice, discharge a teacher during the probationary period for cause, effective immediately, under section 122A.44.

 

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

 

(c) A probationary teacher whose first three years of consecutive employment in a district are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).

 

(d) A probationary teacher must complete at least 60 120 days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.

 

EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all probationary teacher employment contracts ratified or modified after that date.

 

Sec. 2. Minnesota Statutes 2010, section 122A.40, is amended by adding a subdivision to read:


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Subd. 8a. Probationary period for principals hired internally. A probationary period of two school years is required for a licensed teacher employed by the board who is subsequently employed by the board as a licensed school principal or assistant principal and an additional probationary period of two years is required for a licensed assistant principal employed by the board who is subsequently employed by the board as a licensed principal. A licensed teacher subsequently employed by the board as a licensed school principal or assistant principal retains the teacher's continuing contract status as a licensed teacher during the probationary period under this subdivision and has the right to return to his or her previous position or an equivalent position, if available, if the teacher is not promoted.

 

EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all contracts for internally hired licensed school principals and assistant principals ratified or modified after that date.

 

Sec. 3. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:

 

Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation of districts. The unrequested leave is effective at the close of the school year. In placing teachers on unrequested leave, the board may exempt from the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or a language immersion program, provide instruction in an advanced placement course, or hold a kindergarten through grade 12 instrumental vocal classroom music license and currently serve as a choir, band or orchestra director and who, in the superintendent's judgment, meet a unique need in delivering curriculum. However, within the Montessori or language immersion program, a teacher must be placed on unrequested leave of absence consistent with paragraph (c). The board is governed by the following provisions: of paragraphs (b) to (g), consistent with this paragraph.

 

(a) (b) The board may place probationary teachers on unrequested leave first in the inverse order of their employment. A teacher who has acquired continuing contract rights must not be placed on unrequested leave of absence while probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed;.

 

(b) (c) Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by the school district. In the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed is negotiable;.

 

(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not entitled to exercise any seniority when that exercise results in that teacher being retained by the district in a field for which the teacher holds only a provisional license, as defined by the board of teaching, unless that exercise of seniority results in the placement on unrequested leave of absence of another teacher who also holds a provisional license in the same field. The provisions of this clause do not apply to vocational education licenses;.

 

(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights, the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority, or the restriction imposed by the provisions of clause (c) paragraph (d) would place the district in violation of its affirmative action program, the district may retain the probationary teacher, the teacher with less seniority, or the provisionally licensed teacher;.

 

(e) (f) Teachers placed on unrequested leave of absence must be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the school district in fields in which they are licensed. Reinstatement must be in the inverse order of placement on leave of absence. A teacher must not be reinstated to a position in a field in which the teacher holds only a provisional license, other than a vocational education license, while another teacher who holds a nonprovisional license in the same field remains on unrequested leave. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year is negotiable;.


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(f) (g) Appointment of a new teacher must not be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the school board within 30 days of the date of notification that a position is available to that teacher who may return to employment and assume the duties of the position to which appointed on a future date determined by the board;.

 

(g) (h) A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave;.

 

(h) (i) The unrequested leave of absence must not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service;.

 

(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested leave of absence and who is not reinstated shall continue for a period of five years, after which the right to reinstatement shall terminate. The teacher's right to reinstatement shall also terminate if the teacher fails to file with the board by April 1 of any year a written statement requesting reinstatement;.

 

(j) (k) The same provisions applicable to terminations of probationary or continuing contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence;.

 

(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment benefits if otherwise eligible.

 

EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all collective bargaining agreements ratified or modified after that date.

 

Sec. 4. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:

 

Subdivision 1. Words, terms, and phrases. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purposes of the following subdivisions in this section shall be defined as follows:

 

(a) Teachers. The term "teacher" includes every person regularly employed, as a principal, or to give instruction in a classroom, or to superintend or supervise classroom instruction, or as placement teacher and visiting teacher. Persons regularly employed as counselors and school librarians shall be covered by these sections as teachers if licensed as teachers or as school librarians.

 

(b) School board. The term "school board" includes a majority in membership of any and all boards or official bodies having the care, management, or control over public schools.

 

(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower branch of the service or to a position carrying a lower salary or the compensation a person actually receives in the new position.

 

(d) Nonprovisional license. For purposes of this section, "nonprovisional license" shall mean an entrance, continuing, or life license.

 

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

 

Sec. 5. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:

 

Subd. 2. Probationary period; discharge or demotion. (a) All teachers in the public schools in cities of the first class during the first three years of consecutive employment shall be deemed to be in a probationary period of employment during which period any annual contract with any teacher may, or may not, be renewed as the school board, after consulting with the peer review committee charged with evaluating the probationary teachers under


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subdivision 3, shall see fit. The school site management team or the school board if there is no school site management team, shall adopt a plan for a written evaluation of teachers during the probationary period according to subdivision 3. Evaluation by the peer review committee charged with evaluating probationary teachers under subdivision 3 shall occur at least three times periodically throughout each school year for a teacher performing services on 120 or more school days, at least two times each year for a teacher performing services on 60 to 119 school days, and at least one time each year for a teacher performing services on fewer than 60 school days. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school shall not be included in determining the number of school days on which a teacher performs services. The school board may, during such probationary period, discharge or demote a teacher for any of the causes as specified in this code. A written statement of the cause of such discharge or demotion shall be given to the teacher by the school board at least 30 days before such removal or demotion shall become effective, and the teacher so notified shall have no right of appeal therefrom.

 

(b) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).

 

(c) A probationary teacher must complete at least 60 120 days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.

 

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

 

Sec. 6. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:

 

Subd. 5a. Probationary period for principals hired internally. A board and the exclusive representative of the school principals in the district may negotiate a plan for a probationary period of up to two school years is required for licensed teachers employed by the board who are subsequently employed by the board as a licensed school principal or assistant principal and an additional probationary period of up to two years is required for licensed assistant principals employed by the board who are subsequently employed by the board as a licensed school principal. A licensed teacher subsequently employed by the board as a licensed school principal or assistant principal retains his or her continuing contract status as a licensed teacher during the probationary period under this subdivision and has the right to return to his or her previous position or an equivalent position, if available, if the teacher is not promoted.

 

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

 

Sec. 7. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:

 

Subd. 10. Decision, when rendered. The hearing must be concluded and a decision in writing, stating the grounds on which it is based, rendered within 25 days after giving of such notice. Where the hearing is before a school board the teacher may be discharged or demoted upon the affirmative vote of a majority of the members of the board. If the charges, or any of such, are found to be true, the board conducting the hearing must discharge, demote, or suspend the teacher, as seems to be for the best interest of the school. A teacher must not be discharged for either of the causes specified in subdivision 6, clause (3), except during the school year, and then only upon charges filed at least four months before the close of the school sessions of such school year.

 

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


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Sec. 8. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:

 

Subd. 14. Services terminated by discontinuance or lack of pupils; preference given. (a) A teacher whose services are terminated on account of discontinuance of position or lack of pupils must receive first consideration for other positions in the district for which that teacher is qualified. In the event it becomes necessary to discontinue one or more positions, in making such discontinuance, teachers must receive first consideration for other positions in the district for which that teacher is qualified and must be discontinued in any department in the inverse order in which they were employed, unless a board and the exclusive representative of teachers in the district negotiate a plan providing otherwise.

 

(b) The board may exempt from the effects of paragraph (a) those teachers who teach in a Montessori or a language immersion program or provide instruction in an advanced placement course and who, in the superintendent's judgment, meet a unique need in delivering curriculum. However, within the Montessori or language immersion program, a teacher shall be discontinued based on the inverse order in which the teacher was employed.

 

(b) (c) Notwithstanding the provisions of clause paragraph (a), a teacher is not entitled to exercise any seniority when that exercise results in that teacher being retained by the district in a field for which the teacher holds only a provisional license, as defined by the Board of Teaching, unless that exercise of seniority results in the termination of services, on account of discontinuance of position or lack of pupils, of another teacher who also holds a provisional license in the same field. The provisions of this clause paragraph do not apply to vocational education licenses.

 

(c) (d) Notwithstanding the provisions of clause paragraph (a), a teacher must not be reinstated to a position in a field in which the teacher holds only a provisional license, other than a vocational education license, while another teacher who holds a nonprovisional license in the same field is available for reinstatement."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

 

H. F. No. 611, A bill for an act relating to economic development; creating a small business loan guarantee program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

Reported the same back with the following amendments:

 

Page 4, line 4, before "The" insert "Subject to the availability of funds under subdivision 4,"

 

Page 4, delete section 2

 

Amend the title as follows:

 

Page 1, line 3, delete "appropriating money;"

 

 

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

 

The report was adopted.


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

 

H. F. No. 615, A bill for an act relating to drivers' licenses; modifying driver education requirements for obtaining an instruction permit; amending Minnesota Statutes 2010, section 171.05, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:

 

Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:

 

(1) has completed a course of driver education in another state, has a previously issued valid license from another state, or is enrolled in either:

 

(i) the applicant is enrolled in behind-the-wheel training in a public, private, or commercial driver education program that is approved by the commissioner of public safety; and

 

(ii) the applicant:

 

(A) has completed the classroom phase of instruction in a public, private, or commercial driver education program that is approved by the commissioner of public safety and that includes classroom and behind-the-wheel training; or

 

(ii) an approved behind-the-wheel driver education program;

 

(B) has completed home school driver training, when the student is receiving full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working toward a homeschool home school diploma, the student's status as a homeschool home school student has been certified by the superintendent of the school district in which the student resides, and the student is taking home-classroom driver training with classroom materials are approved by the commissioner of public safety; or

 

(C) has completed an Internet-based theory driver education program that is approved by the commissioner of public safety;

 

(2) has completed the classroom phase of instruction in the driver education program;

 

(3) (2) has passed a test of the applicant's eyesight;

 

(4) (3) has passed a department-administered test of the applicant's knowledge of traffic laws;

 

(5) (4) has completed the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the foster parent or the director of the transitional living program in which the child resides or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer; and


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2275

(6) (5) has paid the fee required in section 171.06, subdivision 2.

 

(b) The instruction permit is valid for two years from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.

 

(c) A provider of an Internet-based theory driver education program approved by the commissioner shall issue a certificate of completion to each person who successfully completes the program. The commissioner shall furnish numbered certificate forms to approved providers who shall pay the commissioner a fee of $2 for each certificate. The commissioner shall deposit proceeds of the fee in the driver services operating account in the special revenue fund. The commissioner shall terminate the fee when the department has fully recovered its costs to implement Internet driver education under this section."

 

 

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

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

 

H. F. No. 632, A bill for an act relating to labor and industry; licensing maintenance plumbers in certain cases; modifying fees; amending Minnesota Statutes 2010, sections 326B.42, subdivision 2, by adding a subdivision; 326B.435, subdivision 2; 326B.46, subdivisions 1, 1a; 326B.47, subdivision 1, by adding a subdivision; 326B.49, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 721, A bill for an act relating to traffic regulations; modifying provisions relating to disability parking; amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346, subdivision 3.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 745, A bill for an act relating to health; creating an Autism Spectrum Disorder Task Force; providing appointments; requiring development of a statewide strategic plan.

 

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

 

The report was adopted.


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

 

H. F. No. 795, A bill for an act relating to child support; instructing the commissioner to initiate a foreign reciprocal agreement.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 905, A bill for an act relating to health; establishing policies for youth athletes with concussions resulting from participation in youth athletic activities; amending Minnesota Statutes 2010, section 128C.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 912, A bill for an act relating to human services; providing a requirement for special family day care homes; amending Minnesota Statutes 2010, section 245A.14, subdivision 4.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 921, A bill for an act relating to crime; clarifying targeted misdemeanors to include no contact order misdemeanor violations for the purpose of requiring fingerprinting; amending Minnesota Statutes 2010, section 299C.10, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 922, A bill for an act relating to motor vehicles; allowing collector emergency vehicles to display and use nonconforming colored lights; amending Minnesota Statutes 2010, section 169.64, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 13, after "general" insert "transportation"

 

 

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

 

The report was adopted.


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

 

H. F. No. 928, A bill for an act relating to human services; clarifying the additional local share of certain publicly owned nursing facility costs; clarifying a publicly owned nursing facility payment rate; amending Minnesota Statutes 2010, sections 256B.19, subdivision 1e; 256B.441, subdivision 55a.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 979, A bill for an act relating to human services; requiring the commissioner to analyze the establishment of uniform asset limits across human services assistance programs.

 

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

 

The report was adopted.

 

 

Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 997, A bill for an act relating to civil actions; regulating the imposition of certain civil penalties by state agencies; awarding fees and expenses to prevailing parties in certain actions involving state agencies and municipalities; amending Minnesota Statutes 2010, sections 15.471, subdivision 6, by adding a subdivision; 15.472; proposing coding for new law in Minnesota Statutes, chapters 15; 471.

 

Reported the same back with the following amendments:

 

Page 2, line 6, after "justice" insert "or other law"

 

Page 6, line 1, delete "an agency" and insert "a municipality's"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1032, A bill for an act relating to employment; modifying certain prevailing hours of labor requirements; amending Minnesota Statutes 2010, section 177.42, subdivision 4.

 

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

 

The report was adopted.


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

 

H. F. No. 1087, A bill for an act relating to nursing; requiring a criminal history record check; appropriating money; amending Minnesota Statutes 2010, section 364.09; proposing coding for new law in Minnesota Statutes, chapter 148.

 

Reported the same back with the following amendments:

 

Page 2, line 4, after the second "BCA" insert "shall perform a check for state criminal justice information and"

 

Page 2, after line 16, insert:

 

"Subd. 8. Opportunity to challenge accuracy of report. Prior to taking disciplinary action against an applicant based on a criminal conviction, the board shall provide the applicant with the opportunity to complete, or challenge the accuracy of, the criminal justice information reported to the board. The applicant shall have 30 calendar days to correct or complete the record prior to the board taking disciplinary action based on the report."

 

Page 3, line 7, delete "617.246" and insert "617.247"

 

Page 3, line 33, after "(39)" insert "felony"

 

Page 3, line 34, after "(40)" insert "felony"

 

Page 4, line 1, after "(42)" insert "felony"

 

Page 4, line 2, after "(43)" insert "felony"

 

Page 4, line 5, after "(46)" insert "felony"

 

Page 4, line 7, after "(48)" insert "felony"

 

Page 4, line 10, after "(51)" insert "felony"

 

Page 4, lines 24, 26, and 34, delete "8" and insert "9"

 

Page 4, line 29, delete everything after "(a)"

 

Page 4, delete lines 30 to 32

 

Page 4, line 33, delete "(b)"

 

Page 4, line 35, delete "except as provided in paragraph (a),"

 

Page 5, line 1, delete "(c)" and insert "(b)"

 

Page 5, line 2, delete "8" and insert "9"

 

Page 5, line 6, delete "(d)" and insert "(c)"

 

Page 5, line 22, delete "(e)" and insert "(d)"

 

Page 5, line 25, delete "confidential" and insert "private"


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Page 5, line 26, delete "3" and insert "12"

 

Renumber the subdivisions in sequence and correct the internal references

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1109, A bill for an act relating to public safety; clarifying and conforming provisions regarding driver's license revocation periods for DWI convictions; amending Minnesota Statutes 2010, sections 169A.54, subdivisions 1, 6; 171.30, subdivision 1; 171.306, subdivision 4; repealing Minnesota Statutes 2010, section 169A.54, subdivision 5.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1117, A bill for an act relating to state government; changing bond requirements for state depositories; amending Minnesota Statutes 2010, section 9.031, subdivisions 2, 5.

 

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

 

The report was adopted.

 

 

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

 

H. F. No. 1134, A bill for an act relating to insurance; regulating annuity products; enacting a model regulation adopted by the National Association of Insurance Commissioners relating to suitability in annuity transactions; amending Minnesota Statutes 2010, sections 60K.46, subdivision 4; 72A.20, subdivision 34; proposing coding for new law in Minnesota Statutes, chapter 72A.

 

Reported the same back with the following amendments:

 

Page 1, after line 7, insert:

 

"Section 1. Minnesota Statutes 2010, section 60A.06, subdivision 3, is amended to read:

 

Subd. 3. Limitation on combination policies. (a) Unless specifically authorized by subdivision 1, clause (4), it is unlawful to combine in one policy coverage permitted by subdivision 1, clauses (4) and (5)(a). This subdivision does not prohibit the simultaneous sale of these products, but the sale must involve two separate and distinct policies.

 

(b) This subdivision does not apply to group policies.


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(c) This subdivision does not apply to policies permitted by subdivision 1, clause (4), that contain benefits providing acceleration of life, endowment, or annuity benefits in advance of the time they would otherwise be payable, or to long-term care policies as defined in section 62A.46, subdivision 2, or chapter 62S.

 

(d) This subdivision does not prohibit combining life coverage with one or more of the following coverages:

 

(1) specified disease or illness coverage;

 

(2) other limited benefit health coverage;

 

(3) hospital indemnity coverage;

 

(4) other fixed indemnity products,

 

provided that the prescribed minimum standards applicable to those categories of coverage are met."

 

Page 3, delete lines 17 to 28 and insert:

 

"Subd. 9. Replacement. "Replacement" has the meaning given in section 61A.53, subdivision 2."

 

Page 7, delete section 6 and insert:

 

"Sec. 7. [72A.2033] INSURANCE PRODUCER TRAINING.

 

Subdivision 1. Requirement. An insurance producer shall not solicit the sale of an annuity product unless the insurance producer has adequate knowledge of the product to recommend the annuity and the insurance producer is in compliance with the insurer's standards for product training. An insurance producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.

 

Subd. 2. Initial training. (a) An insurance producer who engages in the sale of annuity products shall complete a onetime four-credit training course approved by the commissioner and provided by a continuing education provider approved by the commissioner.

 

Insurance producers who hold a life insurance line of authority on the effective date of sections 72A.203 to 72A.2036 and who desire to sell annuities shall complete the requirements of this subdivision no later than six months after January 1, 2012. Individuals who obtain a life insurance line of authority on or after January 1, 2012, may not engage in the sale of annuities until the annuity training course required under this subdivision has been completed. Producers licensed on or after January 1, 2012, have until June 30, 2012, to complete the course.

 

(b) The length of the training required under this subdivision must be four continuing education hours.

 

(c) The training required under this subdivision must include information on the following topics:

 

(1) the types of annuities and various classifications of annuities;

 

(2) identification of the parties to an annuity;

 

(3) how fixed, variable, and indexed annuity contract provisions affect consumers;

 

(4) the application of income taxation of qualified and nonqualified annuities;

 

(5) the primary uses of annuities; and


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(6) appropriate sales practices, replacement, and disclosure requirements.

 

(d) Providers of courses intended to comply with this subdivision shall cover all topics listed in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurer's products.

 

(e) A provider of an annuity training course intended to comply with this subdivision must be an approved continuing education provider in this state and comply with the requirements applicable to insurance producer continuing education courses.

 

(f) Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with chapter 45. In order to assist compliance with this section, all courses approved by the commissioner for the purposes of this section shall be given the course title "Annuity Suitability and Disclosure." Only courses satisfying the requirements of this section shall use this course title after the effective date of this section.

 

(g) Providers of annuity training shall comply with the course completion reporting requirements of chapter 45.

 

(h) The satisfaction of the training requirements of another state that are substantially similar to the provisions of this subdivision satisfies the training requirements of this subdivision in this state, but does not satisfy any of the continuing education requirements of chapter 60K unless the training requirements of the other state are satisfied through one or more continuing education courses approved by the commissioner.

 

(i) An insurer shall verify that an insurance producer has completed the annuity training course required under this subdivision before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this subdivision by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers. If such data collection and reporting arrangements are not in place, an insurer must maintain records verifying that the producer has completed the annuity training course required under this subdivision and make the records available to the commissioner upon request."

 

Page 9, delete section 7

 

Page 9, line 19, delete ", general agents, independent agencies,"

 

Page 9, line 22, delete "three" and insert "ten"

 

Page 9, delete section 9

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.


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

 

H. F. No. 1152, A bill for an act relating to commerce; regulating return of pledged goods and location restrictions of pawnbrokers; amending Minnesota Statutes 2010, sections 325J.08; 325J.10; 325J.13.

 

Reported the same back with the following amendments:

 

Page 2, line 13, delete "the pledged"

 

Page 2, line 14, delete the first "goods"

 

Page 2, line 23, after "325J.08" insert ", clauses (7) and (10)"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 1162, A bill for an act relating to natural resources; modifying nonnative species provisions; modifying requirements for permits to control or harvest aquatic plants; providing criminal penalties and civil penalties; amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 103G.615, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes 2010, section 84D.02, subdivision 4.

 

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

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

 

H. F. No. 1170, A bill for an act relating to employment; modifying worker classification regulation, penalties, and fees; authorizing rulemaking; amending Minnesota Statutes 2010, sections 181.723; 326B.081, subdivision 3; repealing Minnesota Statutes 2010, section 181.723, subdivision 17; Minnesota Rules, parts 5202.0100; 5202.0110; 5202.0120; 5202.0130; 5202.0140; 5202.0150; 5202.0160.

 

Reported the same back with the following amendments:

 

Page 4, line 16, delete "$......." and insert "$2,000"

 

 

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

 

The report was adopted.


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2283

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

 

H. F. No. 1185, A bill for an act relating to health; adjusting contracting procedures between health care providers and health plan companies; amending Minnesota Statutes 2010, sections 62Q.735, subdivision 5; 62Q.75, subdivision 3.

 

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

 

The report was adopted.

 

 

Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 1198, A bill for an act relating to families; updating the Uniform Interstate Family Support Act; amending Minnesota Statutes 2010, sections 518C.101; 518C.102; 518C.103; 518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207; 518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305; 518C.306; 518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314; 518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503; 518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603; 518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610; 518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota Statutes 2010, section 518C.502.

 

Reported the same back with the following amendments:

 

Page 8, line 23, delete "the Uniform Interstate Family Support Act" and insert "this chapter"

 

Page 8, line 24, delete "that act" and insert "this chapter"

 

Page 9, line 15, delete "the Uniform Interstate"

 

Page 9, line 16, delete "Family Support Act" and insert "this chapter or a law substantially similar to this chapter"

 

Page 13, line 4, after "state" insert "or a foreign country"

 

Page 13, line 17, strike "three copies of"

 

Page 13, line 23, strike everything after "If"

 

Page 13, line 24, strike everything before the comma and insert "requested by the responding tribunal" and strike "may" and insert "shall"

 

Page 13, line 26, strike "state" and insert "tribunal" and strike "may" and insert "shall"

 

Page 14, line 17, delete "e-mail" and insert "electronic mail"

 

Page 15, line 19, strike "a written" and after "notice" insert "in a record"

 

Page 15, line 22, strike "a written" and after "communication" insert "in a record"

 

 

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

 

The report was adopted.


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2284

Lanning from the Committee on State Government Finance to which was referred:

 

H. F. No. 1234, A bill for an act relating to state government; requiring the commissioner of administration to issue a request for proposals and enter into a contract for strategic sourcing consulting services.

 

Reported the same back with the following amendments:

 

Page 2, line 4, delete "shall" and insert "may"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1270, A bill for an act relating to public safety; expanding e-charging to include citations, juvenile adjudication, and implied consent test refusal or failure; amending Minnesota Statutes 2010, section 299C.41, subdivision 1.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1284, A bill for an act relating to railroads; exempting train crews from requirement for driver's license; amending Minnesota Statutes 2010, section 171.03.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2010, section 171.03, is amended to read:

 

171.03 PERSONS EXEMPT.

 

The following persons are exempt from license hereunder:

 

(a) A person in the employ or service of the United States federal government is exempt while driving or operating a motor vehicle owned by or leased to the United States federal government.

 

(b) A person in the employ or service of the United States federal government is exempt from the requirement to possess a valid class A, class B, or class C commercial driver's license while driving or operating for military purposes a commercial motor vehicle for the United States federal government if the person is:

 

(1) on active duty in the U.S. Coast Guard;

 

(2) on active duty in a branch of the U.S. armed forces, which includes the Army, Air Force, Navy, and Marine Corps;


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2285

(3) a member of a reserve component of the U.S. armed forces; or

 

(4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a National Guard military technician, who is a civilian required to wear a military uniform.

 

The exemption provided under this paragraph does not apply to a U.S. armed forces reserve technician.

 

(c) Any person while driving or operating any farm tractor or implement of husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, subdivision 7, are not implements of husbandry.

 

(d) A nonresident who is at least 15 years of age and who has in immediate possession a valid driver's license issued to the nonresident in the home state or country may operate a motor vehicle in this state only as a driver.

 

(e) A nonresident who has in immediate possession a valid commercial driver's license issued by a state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.

 

(f) Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of drivers may operate a motor vehicle as a driver, but only for a period of not more than 90 days in any calendar year, if the motor vehicle so operated is duly registered for the current calendar year in the home state or country of the nonresident.

 

(g) Any person who becomes a resident of the state of Minnesota and who has in possession a valid driver's license issued to the person under and pursuant to the laws of some other state or jurisdiction or by military authorities of the United States may operate a motor vehicle as a driver, but only for a period of not more than 60 days after becoming a resident of this state, without being required to have a Minnesota driver's license as provided in this chapter.

 

(h) Any person who becomes a resident of the state of Minnesota and who has in possession a valid commercial driver's license issued by another state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt for not more than 30 days after becoming a resident of this state.

 

(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

 

(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a), is exempt while operating a railroad locomotive or train, or on-track equipment while being operated upon rails. This exemption includes operation while crossing a street or highway, whether public or private.

 

Sec. 2. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision to read:

 

Subd. 4. Trains. (a) For purposes of this subdivision, "railroad operator" means a person who is a locomotive engineer, conductor, member of the crew of a railroad locomotive or train, or an operator of on-track equipment.

 

(b) A peace officer may not issue a citation for violation of this chapter or chapter 171 to a railroad operator involving the operation of a railroad locomotive or train, or on-track equipment while being operated upon rails.


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(c) Notwithstanding section 171.08, a railroad operator is not required to display or furnish a driver's license to a peace officer in connection with the operation of a railroad locomotive or train, or on-track equipment while being operated upon rails."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

Lanning from the Committee on State Government Finance to which was referred:

 

H. F. No. 1286, A bill for an act relating to administration; appropriating money for a structural risk assessment of the Capitol site.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "$300,000 is appropriated from the general fund to"

 

Page 1, line 7, delete "for the biennium ending June 30, 2013, to" and insert "must"

 

Page 1, line 10, delete "December 15" and insert "August 1"

 

Amend the title as follows:

 

Page 1, line 2, delete "appropriating money for" and insert "requiring"

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 1289, A bill for an act relating to traffic regulations; modifying provision authorizing use of highway shoulder by buses; amending Minnesota Statutes 2010, section 169.306.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1339, A bill for an act relating to human services; establishing the My Life, My Choices Task Force.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "partner" and insert "advocate"


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2287

Page 1, line 24, after the period, insert "Appointed nongovernmental members of the task force shall serve as staff for the task force and take on the responsibilities of coordinating meetings, reporting on committee recommendations, and providing other staff support as needed to meet the responsibilities of the task force as described in subdivision 3. Legislative appointment of nongovernmental members of the task force shall be conditioned upon agreement from the appointees to provide staff assistance to execute the work of the task force."

 

Page 2, line 12, delete the new language

 

Page 2, line 14, after the period, insert "The task force shall be independently staffed and coordinated by the nongovernmental appointees who serve on the task force, and no state funding shall be appropriated for expenses related to the task force under this section."

 

 

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

 

The report was adopted.

 

 

Westrom from the Committee on Civil Law to which was referred:

 

H. F. No. 1343, A bill for an act relating to civil actions; providing immunity in certain cases involving the use of school facilities for recreational activities; amending Minnesota Statutes 2010, section 466.03, subdivision 6e, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2 and insert:

 

"Sec. 2. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision to read:

 

Subd. 23. Recreational use of school property and facilities. (a) Any claim for a loss or injury occurring while school is not in session arising from the use of school property or a school facility, including but not limited to a playground, sports field, gym, fitness room, pool, or any other indoor or outdoor area made available to the public for recreational activity.

 

(b) Nothing in this subdivision:

 

(1) limits the liability of a school district for conduct by the district or an officer, employee, or agent of the district that would entitle a trespasser to damages against a private person; or

 

(2) reduces any existing duty owed by the school district to students, staff, or other individuals authorized to be present on school property while school is in session."

 

 

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

 

The report was adopted.


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

 

H. F. No. 1348, A bill for an act relating to railroads; exempting certain railroad property from storm sewer or storm water utility assessments, levies, or charges; amending Minnesota Statutes 2010, sections 444.075, by adding a subdivision; 444.20; proposing coding for new law in Minnesota Statutes, chapter 429.

 

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

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

 

H. F. No. 1362, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; requiring rulemaking; amending Minnesota Statutes 2010, sections 14.48, subdivisions 2, 3; 14.49; 14.50; 176.106, subdivisions 1, 3, 5, 6, 7, 8, 9; 176.238, subdivision 6; 176.305, subdivisions 1, 1a; 176.307; 176.341, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 9, after line 31, insert:

 

"Sec. 18. ONETIME APPROPRIATION FOR CASE MANAGEMENT SYSTEM.

 

The commissioner shall appropriate a sum, not to exceed $600,000 from the special compensation fund for the purposes of implementing a case management system and electronic filing system at the Office of Administrative Hearings. This is a onetime appropriation. Authority to disburse these funds is granted to the chief administrative law judge of the Office of Administrative Hearings."

 

Page 10, line 5, delete everything after "to" and insert "19 are effective August 1, 2011."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, after the second semicolon, insert "appropriating money;"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1370, A bill for an act relating to data practices; permitting sharing of law enforcement data in certain circumstances; amending Minnesota Statutes 2010, sections 13.82, by adding a subdivision; 13.84, by adding subdivisions.

 

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

 

The report was adopted.


Journal of the House - 41st Day - Thursday, April 14, 2011 - Top of Page 2289

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

 

H. F. No. 1373, A bill for an act relating to health; extending the Maternal and Child Health Advisory Task Force; amending Minnesota Statutes 2010, section 145.881, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 15, delete "2021" and insert "2015"

 

 

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

 

The report was adopted.

 

 

Gunther from the Committee on Jobs and Economic Development Finance to which was referred:

 

H. F. No. 1396, A bill for an act relating to unemployment insurance; modifying unemployment insurance and workforce development provisions; amending Minnesota Statutes 2010, sections 116L.17, subdivision 1; 116L.561, subdivision 7; 268.035, subdivisions 4, 19a, 20, 23, 29; 268.051, subdivisions 5, 6, 8; 268.057, subdivision 2; 268.07, subdivisions 2, 3b; 268.085, subdivision 3; 268.095, subdivision 10; 268.115, subdivision 1; 268.184, subdivisions 1, 1a; Laws 2009, chapter 78, article 3, section 16.

 

Reported the same back with the following amendments:

 

Page 2, after line 16, insert:

 

"Sec. 3. Minnesota Statutes 2010, section 268.035, subdivision 23a, is amended to read:

 

Subd. 23a. Suitable employment. (a) Suitable employment means employment in the applicant's labor market area that is reasonably related to the applicant's qualifications. In determining whether any employment is suitable for an applicant, the degree of risk involved to the health and safety, physical fitness, prior training, experience, length of unemployment, prospects for securing employment in the applicant's customary occupation, and the distance of the employment from the applicant's residence is considered.

 

(b) In determining what is suitable employment, primary consideration is given to the temporary or permanent nature of the applicant's separation from employment and whether the applicant has favorable prospects of finding employment in the applicant's usual or customary occupation at the applicant's past wage level within a reasonable period of time.

 

If prospects are unfavorable, employment at lower skill or wage levels is suitable if the applicant is reasonably suited for the employment considering the applicant's education, training, work experience, and current physical and mental ability.

 

The total compensation must be considered, including the wage rate, hours of employment, method of payment, overtime practices, bonuses, incentive payments, and fringe benefits.

 

(c) When potential employment is at a rate of pay lower than the applicant's former rate, consideration must be given to the length of the applicant's unemployment and the proportion of difference in the rates. Employment that may not be suitable because of lower wages during the early weeks of the applicant's unemployment may become suitable as the duration of unemployment lengthens.


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(d) For an applicant seasonally unemployed, suitable employment includes temporary work in a lower skilled occupation that pays average gross weekly wages equal to or more than 150 percent of the applicant's weekly unemployment benefit amount.

 

(e) If a majority of the applicant's weeks of employment in the base period includes part-time employment, part-time employment in a position with comparable skills and comparable hours that pays comparable wages is considered suitable employment.

 

Full-time employment is not considered suitable employment for an applicant if a majority of the applicant's weeks of employment in the base period includes part-time employment.

 

(f) To determine suitability of employment in terms of shifts, the arrangement of hours in addition to the total number of hours is to be considered. Employment on a second, third, rotating, or split shift is suitable employment if it is customary in the occupation in the labor market area.

 

(g) Employment is not considered suitable if:

 

(1) the position offered is vacant because of a labor dispute;

 

(2) the wages, hours, or other conditions of employment are substantially less favorable than those prevailing for similar employment in the labor market area;

 

(3) as a condition of becoming employed, the applicant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; or

 

(4) the employment is with a staffing service and less than 45 25 percent of the applicant's wage credits are from a job assignment with the client of a staffing service.

 

(h) A job assignment with a staffing service is considered suitable only if 45 25 percent or more of the applicant's wage credits are from job assignments with clients of a staffing service and the job assignment meets the definition of suitable employment under paragraph (a).

 

Sec. 4. Minnesota Statutes 2010, section 268.035, subdivision 32, is amended to read:

 

Subd. 32. Weekly unemployment benefit amount. "Weekly unemployment benefit amount" means the amount of unemployment benefits computed under section 268.07, subdivision 2, paragraph (b) 2a."

 

Page 3, line 24, before the period, insert ", except that in paragraph (b), the striking of "wage credits" and the insertion of "wages paid" and the insertion of "and have been reported on wage detail under section 268.044" are effective the day following final enactment"

 

Page 4, line 18, delete "retroactively from" and before the period, insert ", and applies retroactively from July 1, 2011"

 

Page 10, line 14, strike "is regularly attending classes at" and insert "whose primary relation to" and after "university" insert "is as a student. This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.


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Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

 

H. F. No. 1405, A bill for an act relating to insurance; regulating claims processing for insurance on portable electronics products; permitting use of an automated claims processing system subject to certain requirements and safeguards; amending Minnesota Statutes 2010, sections 72B.02, by adding a subdivision; 72B.03, subdivision 1, by adding a subdivision; 72B.041, subdivision 2, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, delete section 3

 

Renumber the sections in sequence and correct internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

The report was adopted.

 

 

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

 

H. F. No. 1406, A bill for an act relating to human services; amending continuing care policy provisions; making changes to the telephone equipment program; making changes to disability services provisions; reforming comprehensive assessments and case management services; making changes to nursing facility provisions; making technical and conforming changes; providing for rulemaking authority; requiring reports; amending Minnesota Statutes 2010, sections 144A.071, subdivisions 3, 4a, 5a; 144A.073, subdivision 3c, by adding a subdivision; 144D.03, subdivision 2; 144D.04, subdivision 2; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245A.03, subdivision 7; 245A.11, subdivision 8; 245B.02, subdivision 20; 245B.06, subdivision 7; 252.32, subdivision 1a; 252.40; 252.41, subdivisions 1, 3; 252.42; 252.43; 252.44; 252.45; 252.451, subdivisions 2, 5; 252.46, subdivision 1a; 252A.21, subdivision 2; 256.476, subdivision 11; 256B.0625, subdivision 19c; 256B.0659, subdivisions 1, 2, 3, 3a, 4, 9, 11, 13, 14, 19, 21, 30; 256B.0911, subdivisions 1, 1a, 2b, 2c, 3, 3a, 3b, 3c, 4a, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.096, subdivision 5; 256B.19, subdivision 1e; 256B.431, subdivisions 2t, 26; 256B.438, subdivisions 1, 3, 4, by adding a subdivision; 256B.441, subdivision 55a, by adding a subdivision; 256B.49, subdivisions 13, 14, 15, 21; 256B.4912; 256B.501, subdivision 4b; 256B.5013, subdivision 1; 256B.5015, subdivision 1; 256B.765; 256G.02, subdivision 6; Laws 2009, chapter 79, article 8, section 81, as amended; proposing coding for new law in Minnesota Statutes, chapter 252; repealing Minnesota Statutes 2010, sections 144A.073, subdivisions 4, 5; 252.46, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 20, 21; 256.0112, subdivision 6; 256B.092, subdivision 8a; 256B.49, subdivision 16a; 256B.501, subdivision 8.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

TELEPHONE EQUIPMENT PROGRAM

 

Section 1. Minnesota Statutes 2010, section 237.50, is amended to read:

 

237.50 DEFINITIONS.

 

Subdivision 1. Scope. The terms used in sections 237.50 to 237.56 have the meanings given them in this section.


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Subd. 3. Communication impaired disability. "Communication impaired disability" means certified as deaf, severely hearing impaired, hard-of-hearing having a hearing loss, speech impaired, deaf and blind disability, or mobility impaired if the mobility impairment significantly impedes the ability physical disability that makes it difficult or impossible to use standard customer premises telecommunications services and equipment.

 

Subd. 4. Communication device. "Communication device" means a device that when connected to a telephone enables a communication-impaired person to communicate with another person utilizing the telephone system. A "communication device" includes a ring signaler, an amplification device, a telephone device for the deaf, a Brailling device for use with a telephone, and any other device the Department of Human Services deems necessary.

 

Subd. 4a. Deaf. "Deaf" means a hearing impairment loss of such severity that the individual must depend primarily upon visual communication such as writing, lip reading, manual communication sign language, and gestures.

 

Subd. 4b. Deafblind. "Deafblind" means any combination of vision and hearing loss which interferes with acquiring information from the environment to the extent that compensatory strategies and skills are necessary to access that or other information.

 

Subd. 5. Exchange. "Exchange" means a unit area established and described by the tariff of a telephone company for the administration of telephone service in a specified geographical area, usually embracing a city, town, or village and its environs, and served by one or more central offices, together with associated facilities used in providing service within that area.

 

Subd. 6. Fund. "Fund" means the telecommunications access Minnesota fund established in section 237.52.

 

Subd. 6a. Hard-of-hearing. "Hard-of-hearing" means a hearing impairment loss resulting in a functional loss limitation, but not to the extent that the individual must depend primarily upon visual communication.

 

Subd. 7. Interexchange service. "Interexchange service" means telephone service between points in two or more exchanges.

 

Subd. 8. Inter-LATA interexchange service. "Inter-LATA interexchange service" means interexchange service originating and terminating in different LATAs.

 

Subd. 9. Local access and transport area. "Local access and transport area (LATA)" means a geographical area designated by the Modification of Final Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), including modifications in effect on the effective date of sections 237.51 to 237.54.

 

Subd. 10. Local exchange service. "Local exchange service" means telephone service between points within an exchange.

 

Subd. 10a. Telecommunications device. "Telecommunications device" means a device that (1) allows a person with a communication disability to have access to telecommunications services as defined in subdivision 13, and (2) is specifically selected by the Department of Human Services for its capacity to allow persons with communication disabilities to use telecommunications services in a manner that is functionally equivalent to the ability of an individual who does not have a communication disability. A telecommunications device may include a ring signaler, an amplified telephone, a hands-free telephone, a text telephone, a captioned telephone, a wireless device, a device that produces Braille output for use with a telephone, and any other device the Department of Human Services deems appropriate.

 

Subd. 11. Telecommunication Telecommunications Relay service Services. "Telecommunication Telecommunications Relay service Services" or "TRS" means a central statewide service through which a communication-impaired person, using a communication device, may send and receive messages to and from a non-communication-impaired person whose telephone is not equipped with a communication device and through which a non-communication-impaired person may, by using voice communication, send and receive messages to and from a communication-impaired


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person the telecommunications transmission services required under Federal Communications Commission (FCC) regulations at Code of Federal Regulations, title 47, sections 64.604 to 64.606. TRS allows an individual who has a communication disability to use telecommunications services in a manner that is functionally equivalent to the ability of an individual who does not have a communication disability.

 

Subd. 12. Telecommunications. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

 

Subd. 13. Telecommunications services. "Telecommunications services" means the offering of telecommunications for fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.

 

Sec. 2. Minnesota Statutes 2010, section 237.51, is amended to read:

 

237.51 TELECOMMUNICATIONS ACCESS MINNESOTA PROGRAM ADMINISTRATION.

 

Subdivision 1. Creation. The commissioner of commerce shall:

 

(1) administer through interagency agreement with the commissioner of human services a program to distribute communication telecommunications devices to eligible communication-impaired persons who have communication disabilities; and

 

(2) contract with a one or more qualified vendor vendors that serves communication-impaired serve persons who have communication disabilities to create and maintain a telecommunication provide telecommunications relay service services.

 

For purposes of sections 237.51 to 237.56, the Department of Commerce and any organization with which it contracts pursuant to this section or section 237.54, subdivision 2, are not telephone companies or telecommunications carriers as defined in section 237.01.

 

Subd. 5. Commissioner of commerce duties. In addition to any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of commerce shall:

 

(1) prepare the reports required by section 237.55;

 

(2) administer the fund created in section 237.52; and

 

(3) adopt rules under chapter 14 to implement the provisions of sections 237.50 to 237.56.

 

Subd. 5a. Department Commissioner of human services duties. (a) In addition to any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of human services shall:

 

(1) define economic hardship, special needs, and household criteria so as to determine the priority of eligible applicants for initial distribution of devices and to determine circumstances necessitating provision of more than one communication telecommunications device per household;

 

(2) establish a method to verify eligibility requirements;

 

(3) establish specifications for communication telecommunications devices to be purchased provided under section 237.53, subdivision 3; and


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(4) inform the public and specifically the community of communication-impaired persons who have communication disabilities of the program.; and

 

(5) provide devices based on the assessed need of eligible applicants.

 

(b) The commissioner may establish an advisory board to advise the department in carrying out the duties specified in this section and to advise the commissioner of commerce in carrying out duties under section 237.54. If so established, the advisory board must include, at a minimum, the following communication-impaired persons:

 

(1) at least one member who is deaf;

 

(2) at least one member who is has a speech impaired disability;

 

(3) at least one member who is mobility impaired has a physical disability that makes it difficult or impossible for the person to access telecommunications services; and

 

(4) at least one member who is hard-of-hearing.

 

The membership terms, compensation, and removal of members and the filling of membership vacancies are governed by section 15.059. Advisory board meetings shall be held at the discretion of the commissioner.

 

Sec. 3. Minnesota Statutes 2010, section 237.52, is amended to read:

 

237.52 TELECOMMUNICATIONS ACCESS MINNESOTA FUND.

 

Subdivision 1. Fund established. A telecommunications access Minnesota fund is established as an account in the state treasury. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the fund.

 

Subd. 2. Assessment. (a) The commissioner of commerce, the commissioner of employment and economic development, and the commissioner of human services shall annually recommend to the Public Utilities Commission (PUC) an adequate and appropriate surcharge and budget to implement sections 237.50 to 237.56, 248.062, and 256C.30, respectively. The maximum annual budget for section 248.062 must not exceed $100,000 and for section 256C.30 must not exceed $300,000. The Public Utilities Commission shall review the budgets for reasonableness and may modify the budget to the extent it is unreasonable. The commission shall annually determine the funding mechanism to be used within 60 days of receipt of the recommendation of the departments and shall order the imposition of surcharges effective on the earliest practicable date. The commission shall establish a monthly charge no greater than 20 cents for each customer access line, including trunk equivalents as designated by the commission pursuant to section 403.11, subdivision 1.

 

(b) If the fund balance falls below a level capable of fully supporting all programs eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under sections 237.53 and 237.54 shall be fully funded. Expenditures under sections 248.062 and 256C.30 shall resume at fully funded levels when the commissioner of commerce determines there is a sufficient fund balance to fully fund those expenditures.

 

Subd. 3. Collection. Every telephone company or communications carrier that provides service provider of services capable of originating a telecommunications relay TRS call, including cellular communications and other nonwire access services, in this state shall collect the charges established by the commission under subdivision 2 and transfer amounts collected to the commissioner of public safety in the same manner as provided in section 403.11, subdivision 1, paragraph (d). The commissioner of public safety must deposit the receipts in the fund established in subdivision 1.


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Subd. 4. Appropriation. Money in the fund is appropriated to the commissioner of commerce to implement sections 237.51 to 237.56, to the commissioner of employment and economic development to implement section 248.062, and to the commissioner of human services to implement section 256C.30.

 

Subd. 5. Expenditures. (a) Money in the fund may only be used for:

 

(1) expenses of the Department of Commerce, including personnel cost, public relations, advisory board members' expenses, preparation of reports, and other reasonable expenses not to exceed ten percent of total program expenditures;

 

(2) reimbursing the commissioner of human services for purchases made or services provided pursuant to section 237.53;

 

(3) reimbursing telephone companies for purchases made or services provided under section 237.53, subdivision 5; and

 

(4) contracting for establishment and operation of the telecommunication relay service the provision of TRS required by section 237.54.

 

(b) All costs directly associated with the establishment of the program, the purchase and distribution of communication telecommunications devices, and the establishment and operation of the telecommunication relay service provision of TRS are either reimbursable or directly payable from the fund after authorization by the commissioner of commerce. The commissioner of commerce shall contract with the message relay service operator one or more TRS providers to indemnify the local exchange carriers of the relay telecommunications service providers for any fines imposed by the Federal Communications Commission related to the failure of the relay service to comply with federal service standards. Notwithstanding section 16A.41, the commissioner may advance money to the contractor of the telecommunication relay service TRS providers if the contractor establishes providers establish to the commissioner's satisfaction that the advance payment is necessary for the operation provision of the service. The advance payment may be used only for working capital reserve for the operation of the service. The advance payment must be offset or repaid by the end of the contract fiscal year together with interest accrued from the date of payment.

 

Sec. 4. Minnesota Statutes 2010, section 237.53, is amended to read:

 

237.53 COMMUNICATION TELECOMMUNICATIONS DEVICE.

 

Subdivision 1. Application. A person applying for a communication telecommunications device under this section must apply to the program administrator on a form prescribed by the Department of Human Services.

 

Subd. 2. Eligibility. To be eligible to obtain a communication telecommunications device under this section, a person must be:

 

(1) be able to benefit from and use the equipment for its intended purpose;

 

(2) have a communication impaired disability;

 

(3) be a resident of the state;

 

(4) be a resident in a household that has a median income at or below the applicable median household income in the state, except a deaf and blind person who is deafblind applying for a telebraille unit Braille device may reside in a household that has a median income no more than 150 percent of the applicable median household income in the state; and


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(5) be a resident in a household that has telephone telecommunications service or that has made application for service and has been assigned a telephone number; or a resident in a residential care facility, such as a nursing home or group home where telephone telecommunications service is not included as part of overall service provision.

 

Subd. 3. Distribution. The commissioner of human services shall purchase and distribute a sufficient number of communication telecommunications devices so that each eligible household receives an appropriate device devices as determined under section 237.51, subdivision 5a. The commissioner of human services shall distribute the devices to eligible households in each service area free of charge as determined under section 237.51, subdivision 5a.

 

Subd. 4. Training; maintenance. The commissioner of human services shall maintain the communication telecommunications devices until the warranty period expires, and provide training, without charge, to first-time users of the devices.

 

Subd. 5. Wiring installation. If a communication-impaired person is not served by telephone service and is subject to economic hardship as determined by the Department of Human Services, the telephone company providing local service shall at the direction of the administrator of the program install necessary outside wiring without charge to the household.

 

Subd. 6. Ownership. All communication Telecommunications devices purchased pursuant to subdivision 3 will become are the property of the state of Minnesota. Policies and procedures for the return of devices from individuals who withdraw from the program or whose eligibility status changes shall be determined by the commissioner of human services.

 

Subd. 7. Standards. The communication telecommunications devices distributed under this section must comply with the electronic industries association alliance standards and be approved by the Federal Communications Commission. The commissioner of human services must provide each eligible person a choice of several models of devices, the retail value of which may not exceed $600 for a communication device for the deaf text telephone, and a retail value of $7,000 for a telebraille Braille device, or an amount authorized by the Department of Human Services for a telephone device for the deaf with auxiliary equipment all other telecommunications devices and auxiliary equipment it deems cost-effective and appropriate to distribute according to sections 237.51 to 237.56.

 

Sec. 5. Minnesota Statutes 2010, section 237.54, is amended to read:

 

237.54 TELECOMMUNICATION TELECOMMUNICATIONS RELAY SERVICE SERVICES (TRS).

 

Subd. 2. Operation. (a) The commissioner of commerce shall contract with a one or more qualified vendor vendors for the operation and maintenance of the telecommunication relay system provision of Telecommunications Relay Services (TRS).

 

(b) The telecommunication relay service provider TRS providers shall operate the relay service within the state of Minnesota. The operator of the system TRS providers shall keep all messages confidential, shall train personnel in the unique needs of communication-impaired people, and shall inform communication-impaired persons and the public of the availability and use of the system. Except in the case of a speech- or mobility-impaired person, the operator shall not relay a message unless it originates or terminates through a communication device for the deaf or a Brailling device for use with a telephone comply with all current and subsequent FCC regulations at Code of Federal Regulations, title 47, sections 64.601 to 64.606, and shall inform persons who have communication disabilities and the public of the availability and use of TRS.

 

Sec. 6. Minnesota Statutes 2010, section 237.55, is amended to read:

 

237.55 ANNUAL REPORT ON COMMUNICATION TELECOMMUNICATIONS ACCESS.


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The commissioner of commerce must prepare a report for presentation to the Public Utilities Commission by January 31 of each year. Each report must review the accessibility of the telephone system to communication-impaired persons, review the ability of non-communication-impaired persons to communicate with communication-impaired persons via the telephone system telecommunications services to persons who have communication disabilities, describe services provided, account for money received and disbursed annually annual revenues and expenditures for each aspect of the program fund to date, and include predicted program future operation.

 

Sec. 7. Minnesota Statutes 2010, section 237.56, is amended to read:

 

237.56 ADEQUATE SERVICE ENFORCEMENT.

 

The services required to be provided under sections 237.50 to 237.55 may be enforced under section 237.081 upon a complaint of at least two communication-impaired persons within the service area of any one telephone company telecommunications service provider, provided that if only one person within the service area of a company is receiving service under sections 237.50 to 237.55, the commission Public Utilities Commission may proceed upon a complaint from that person.

 

ARTICLE 2

DISABILITY SERVICES

 

Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 7, is amended to read:

 

Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07. Exceptions to the moratorium include:

 

(1) foster care settings that are required to be registered under chapter 144D;

 

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, and determined to be needed by the commissioner under paragraph (b);

 

(3) new foster care licenses determined to be needed by the commissioner under paragraph (b) for the closure or downsizing of a nursing facility, ICF/MR, or regional treatment center;

 

(4) new foster care licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care; or

 

(5) new foster care licenses determined to be needed by the commissioner for the transition of people from personal care assistance to the home and community-based services.

 

(b) The commissioner shall determine the need for newly licensed foster care homes as defined under this subdivision. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address.

 

(c) Residential settings that would otherwise be subject to the moratorium established in paragraph (a), that are in the process of receiving an adult or child foster care license as of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult or child foster care license. For this paragraph, all of the following conditions must be met to be considered in the process of receiving an adult or child foster care license:


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(1) participants have made decisions to move into the residential setting, including documentation in each participant's care plan;

 

(2) the provider has purchased housing or has made a financial investment in the property;

 

(3) the lead agency has approved the plans, including costs for the residential setting for each individual;

 

(4) the completion of the licensing process, including all necessary inspections, is the only remaining component prior to being able to provide services; and

 

(5) the needs of the individuals cannot be met within the existing capacity in that county.

 

To qualify for the process under this paragraph, the lead agency must submit documentation to the commissioner by August 1, 2009, that all of the above criteria are met.

 

(d) (c) The commissioner shall study the effects of the license moratorium under this subdivision and shall report back to the legislature by January 15, 2011. This study shall include, but is not limited to the following:

 

(1) the overall capacity and utilization of foster care beds where the physical location is not the primary residence of the license holder prior to and after implementation of the moratorium;

 

(2) the overall capacity and utilization of foster care beds where the physical location is the primary residence of the license holder prior to and after implementation of the moratorium; and

 

(3) the number of licensed and occupied ICF/MR beds prior to and after implementation of the moratorium.

 

(d) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure. If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.

 

(e) License holders of foster care homes identified under paragraph (e) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under section 256B.0915, 256B.092, or 256B.49 must inform the human services licensing division that the license holder provides or intends to provide these waiver-funded services. These license holders must be considered registered under section 256B.092, subdivision 11, paragraph (c), and this registration status must be identified on their license certificates.

 

Sec. 2. Minnesota Statutes 2010, section 245A.11, subdivision 8, is amended to read:

 

Subd. 8. Community residential setting license. (a) The commissioner shall establish provider standards for residential support services that integrate service standards and the residential setting under one license. The commissioner shall propose statutory language and an implementation plan for licensing requirements for residential support services to the legislature by January 15, 2011 2012, as a component of the quality outcome standards recommendations required by Laws 2010, chapter 352, article 1, section 24.

 

(b) Providers licensed under chapter 245B, and providing, contracting, or arranging for services in settings licensed as adult foster care under Minnesota Rules, parts 9555.5105 to 9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to 2960.3340; and meeting the provisions of section 256B.092, subdivision 11, paragraph (b), must be required to obtain a community residential setting license.


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Sec. 3. Minnesota Statutes 2010, section 252.32, subdivision 1a, is amended to read:

 

Subd. 1a. Support grants. (a) Provision of support grants must be limited to families who require support and whose dependents are under the age of 21 and who have been certified disabled under section 256B.055, subdivision 12, paragraphs (a), (b), (c), (d), and (e). Families who are receiving: home and community-based waivered services for persons with developmental disabilities authorized under section 256B.092 or 256B.49; personal care assistance under section 256B.0652; or a consumer support grant under section 256.476 are not eligible for support grants.

 

Families whose annual adjusted gross income is $60,000 or more are not eligible for support grants except in cases where extreme hardship is demonstrated. Beginning in state fiscal year 1994, the commissioner shall adjust the income ceiling annually to reflect the projected change in the average value in the United States Department of Labor Bureau of Labor Statistics Consumer Price Index (all urban) for that year.

 

(b) Support grants may be made available as monthly subsidy grants and lump-sum grants.

 

(c) Support grants may be issued in the form of cash, voucher, and direct county payment to a vendor.

 

(d) Applications for the support grant shall be made by the legal guardian to the county social service agency. The application shall specify the needs of the families, the form of the grant requested by the families, and the items and services to be reimbursed.

 

Sec. 4. [252.34] REPORT BY COMMISSIONER.

 

Beginning January 1, 2013, the commissioner shall provide a biennial report to the chairs of the legislative committees with jurisdiction over health and human services policy and funding. The report must provide a summary of overarching goals and priorities for persons with disabilities, including the status of how each of the following programs administered by the commissioner is supporting the overarching goals and priorities:

 

(1) home and community-based services waivers for persons with disabilities under sections 256B.092 and 256B.49;

 

(2) home care services under section 256B.0652; and

 

(3) other relevant programs and services as determined by the commissioner.

 

Sec. 5. Minnesota Statutes 2010, section 252A.21, subdivision 2, is amended to read:

 

Subd. 2. Rules. The commissioner shall adopt rules to implement this chapter. The rules must include standards for performance of guardianship or conservatorship duties including, but not limited to: twice a year visits with the ward; quarterly reviews of records from day, residential, and support services; a requirement that the duties of guardianship or conservatorship and case management not be performed by the same person; specific standards for action on "do not resuscitate" orders, sterilization requests, and the use of psychotropic medication and aversive procedures.

 

Sec. 6. Minnesota Statutes 2010, section 256.476, subdivision 11, is amended to read:

 

Subd. 11. Consumer support grant program after July 1, 2001. Effective July 1, 2001, the commissioner shall allocate consumer support grant resources to serve additional individuals based on a review of Medicaid authorization and payment information of persons eligible for a consumer support grant from the most recent fiscal year. The commissioner shall use the following methodology to calculate maximum allowable monthly consumer support grant levels:


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(1) For individuals whose program of origination is medical assistance home care under sections 256B.0651 and 256B.0653 to 256B.0656, the maximum allowable monthly grant levels are calculated by:

 

(i) determining 50 percent of the average the service authorization for each individual based on the individual's home care rating assessment;

 

(ii) calculating the overall ratio of actual payments to service authorizations by program;

 

(iii) applying the overall ratio to the average 50 percent of the service authorization level of each home care rating; and

 

(iv) adjusting the result for any authorized rate increases changes provided by the legislature; and.

 

(v) adjusting the result for the average monthly utilization per recipient.

 

(2) The commissioner may review and evaluate shall ensure the methodology to reflect changes in is consistent with the home care programs.

 

Sec. 7. Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to read:

 

Subd. 19c. Personal care. Medical assistance covers personal care assistance services provided by an individual who is qualified to provide the services according to subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a plan, and supervised by a qualified professional.

 

"Qualified professional" means a mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6); or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker as defined in sections 148D.010 and 148D.055, or a qualified developmental disabilities specialist under section 245B.07, subdivision 4. The qualified professional shall perform the duties required in section 256B.0659.

 

Sec. 8. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read:

 

Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in paragraphs (b) to (r) have the meanings given unless otherwise provided in text.

 

(b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility, positioning, eating, and toileting.

 

(c) "Behavior," effective January 1, 2010, means a category to determine the home care rating and is based on the criteria found in this section. "Level I behavior" means physical aggression towards self, others, or destruction of property that requires the immediate response of another person.

 

(d) "Complex health-related needs," effective January 1, 2010, means a category to determine the home care rating and is based on the criteria found in this section.

 

(e) "Critical activities of daily living," effective January 1, 2010, means transferring, mobility, eating, and toileting.

 

(f) "Dependency in activities of daily living" means a person requires assistance to begin and complete one or more of the activities of daily living.


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(g) "Extended personal care assistance service" means personal care assistance services included in a service plan under one of the home and community-based services waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state plan personal care assistance services for participants who:

 

(1) need assistance provided periodically during a week, but less than daily will not be able to remain in their homes without the assistance, and other replacement services are more expensive or are not available when personal care assistance services are to be terminated reduced; or

 

(2) need additional personal care assistance services beyond the amount authorized by the state plan personal care assistance assessment in order to ensure that their safety, health, and welfare are provided for in their homes.

 

(h) "Health-related procedures and tasks" means procedures and tasks that can be delegated or assigned by a licensed health care professional under state law to be performed by a personal care assistant.

 

(i) "Instrumental activities of daily living" means activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community.

 

(j) "Managing employee" has the same definition as Code of Federal Regulations, title 42, section 455.

 

(k) "Qualified professional" means a professional providing supervision of personal care assistance services and staff as defined in section 256B.0625, subdivision 19c.

 

(l) "Personal care assistance provider agency" means a medical assistance enrolled provider that provides or assists with providing personal care assistance services and includes a personal care assistance provider organization, personal care assistance choice agency, class A licensed nursing agency, and Medicare-certified home health agency.

 

(m) "Personal care assistant" or "PCA" means an individual employed by a personal care assistance agency who provides personal care assistance services.

 

(n) "Personal care assistance care plan" means a written description of personal care assistance services developed by the personal care assistance provider according to the service plan.

 

(o) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.

 

(p) "Self-administered medication" means medication taken orally, by injection or insertion, or applied topically without the need for assistance.

 

(q) "Service plan" means a written summary of the assessment and description of the services needed by the recipient.

 

(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and contributions to employee retirement accounts.

 

Sec. 9. Minnesota Statutes 2010, section 256B.0659, subdivision 3, is amended to read:

 

Subd. 3. Noncovered personal care assistance services. (a) Personal care assistance services are not eligible for medical assistance payment under this section when provided:


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(1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal guardian, licensed foster provider, except as allowed under section 256B.0652, subdivision 10, or responsible party;

 

(2) in lieu of other staffing options order to meet staffing or license requirements in a residential or child care setting;

 

(3) solely as a child care or babysitting service; or

 

(4) without authorization by the commissioner or the commissioner's designee.

 

(b) The following personal care services are not eligible for medical assistance payment under this section when provided in residential settings:

 

(1) effective January 1, 2010, when the provider of home care services who is not related by blood, marriage, or adoption owns or otherwise controls the living arrangement, including licensed or unlicensed services; or

 

(2) when personal care assistance services are the responsibility of a residential or program license holder under the terms of a service agreement and administrative rules.

 

(c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible for medical assistance reimbursement for personal care assistance services under this section include:

 

(1) sterile procedures;

 

(2) injections of fluids and medications into veins, muscles, or skin;

 

(3) home maintenance or chore services;

 

(4) homemaker services not an integral part of assessed personal care assistance services needed by a recipient;

 

(5) application of restraints or implementation of procedures under section 245.825;

 

(6) instrumental activities of daily living for children under the age of 18, except when immediate attention is needed for health or hygiene reasons integral to the personal care services and the need is listed in the service plan by the assessor; and

 

(7) assessments for personal care assistance services by personal care assistance provider agencies or by independently enrolled registered nurses.

 

Sec. 10. Minnesota Statutes 2010, section 256B.0659, subdivision 9, is amended to read:

 

Subd. 9. Responsible party; generally. (a) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.

 

(b) A responsible party must be 18 years of age, actively participate in planning and directing of personal care assistance services, and attend all assessments for the recipient.

 

(c) A responsible party must not be the:

 

(1) personal care assistant;

 

(2) qualified professional;


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(3) home care provider agency owner or staff manager; or

 

(4) home care provider agency staff unless staff who are not listed in clauses (1) to (3) are related to the recipient by blood, marriage, or adoption; or

 

(3) (5) county staff acting as part of employment.

 

(d) A licensed family foster parent who lives with the recipient may be the responsible party as long as the family foster parent meets the other responsible party requirements.

 

(e) A responsible party is required when:

 

(1) the person is a minor according to section 524.5-102, subdivision 10;

 

(2) the person is an incapacitated adult according to section 524.5-102, subdivision 6, resulting in a court-appointed guardian; or

 

(3) the assessment according to subdivision 3a determines that the recipient is in need of a responsible party to direct the recipient's care.

 

(f) There may be two persons designated as the responsible party for reasons such as divided households and court-ordered custodies. Each person named as responsible party must meet the program criteria and responsibilities.

 

(g) The recipient or the recipient's legal representative shall appoint a responsible party if necessary to direct and supervise the care provided to the recipient. The responsible party must be identified at the time of assessment and listed on the recipient's service agreement and personal care assistance care plan.

 

Sec. 11. Minnesota Statutes 2010, section 256B.0659, subdivision 11, is amended to read:

 

Subd. 11. Personal care assistant; requirements. (a) A personal care assistant must meet the following requirements:

 

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:

 

(i) supervision by a qualified professional every 60 days; and

 

(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;

 

(2) be employed by a personal care assistance provider agency;

 

(3) enroll with the department as a personal care assistant after clearing a background study. Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:

 

(i) not disqualified under section 245C.14; or

 

(ii) is disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;


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(4) be able to effectively communicate with the recipient and personal care assistance provider agency;

 

(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional or physician;

 

(6) not be a consumer of personal care assistance services;

 

(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;

 

(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment. The training must be available in languages other than English and to those who need accommodations due to disabilities. Personal care assistant training must include successful completion of the following training components: basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets. Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;

 

(9) complete training and orientation on the needs of the recipient within the first seven days after the services begin; and

 

(10) be limited to providing and being paid for up to 275 hours per month, except that this limit shall be 275 hours per month for the period July 1, 2009, through June 30, 2011, of personal care assistance services regardless of the number of recipients being served or the number of personal care assistance provider agencies enrolled with. The number of hours worked per day shall not be disallowed by the department unless in violation of the law.

 

(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).

 

(c) Effective January 1, 2010, Persons who do not qualify as a personal care assistant include parents and, stepparents, and legal guardians of minors,; spouses,; paid legal guardians, of adults; family foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a, or; and staff of a residential setting.

 

Sec. 12. Minnesota Statutes 2010, section 256B.0659, subdivision 13, is amended to read:

 

Subd. 13. Qualified professional; qualifications. (a) The qualified professional must work for a personal care assistance provider agency and meet the definition under section 256B.0625, subdivision 19c. Before a qualified professional provides services, the personal care assistance provider agency must initiate a background study on the qualified professional under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the qualified professional:

 

(1) is not disqualified under section 245C.14; or

 

(2) is disqualified, but the qualified professional has received a set aside of the disqualification under section 245C.22.

 

(b) The qualified professional shall perform the duties of training, supervision, and evaluation of the personal care assistance staff and evaluation of the effectiveness of personal care assistance services. The qualified professional shall:

 

(1) develop and monitor with the recipient a personal care assistance care plan based on the service plan and individualized needs of the recipient;


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(2) develop and monitor with the recipient a monthly plan for the use of personal care assistance services;

 

(3) review documentation of personal care assistance services provided;

 

(4) provide training and ensure competency for the personal care assistant in the individual needs of the recipient; and

 

(5) document all training, communication, evaluations, and needed actions to improve performance of the personal care assistants.

 

(c) Effective July 1, 2010 2011, the qualified professional shall complete the provider training with basic information about the personal care assistance program approved by the commissioner. Newly hired qualified professionals must complete the training within six months of the date hired by a personal care assistance provider agency. Qualified professionals who have completed the required training as a worker from a personal care assistance provider agency do not need to repeat the required training if they are hired by another agency, if they have completed the training within the last three years. The required training shall must be available in languages other than English and to those who need accommodations due to disabilities, with meaningful access according to title VI of the Civil Rights Act and federal regulations adopted under that law or any guidance from the United States Health and Human Services Department. The required training must be available online, or by electronic remote connection, and. The required training must provide for competency testing to demonstrate an understanding of the content without attending in-person training. A qualified professional is allowed to be employed and is not subject to the training requirement until the training is offered online or through remote electronic connection. A qualified professional employed by a personal care assistance provider agency certified for participation in Medicare as a home health agency is exempt from the training required in this subdivision. When available, the qualified professional working for a Medicare-certified home health agency must successfully complete the competency test. The commissioner shall ensure there is a mechanism in place to verify the identity of persons completing the competency testing electronically.

 

Sec. 13. Minnesota Statutes 2010, section 256B.0659, subdivision 14, is amended to read:

 

Subd. 14. Qualified professional; duties. (a) Effective January 1, 2010, all personal care assistants must be supervised by a qualified professional.

 

(b) Through direct training, observation, return demonstrations, and consultation with the staff and the recipient, the qualified professional must ensure and document that the personal care assistant is:

 

(1) capable of providing the required personal care assistance services;

 

(2) knowledgeable about the plan of personal care assistance services before services are performed; and

 

(3) able to identify conditions that should be immediately brought to the attention of the qualified professional.

 

(c) The qualified professional shall evaluate the personal care assistant within the first 14 days of starting to provide regularly scheduled services for a recipient, or sooner as determined by the qualified professional, except for the personal care assistance choice option under subdivision 19, paragraph (a), clause (4). For the initial evaluation, the qualified professional shall evaluate the personal care assistance services for a recipient through direct observation of a personal care assistant's work. The qualified professional may conduct additional training and evaluation visits, based upon the needs of the recipient and the personal care assistant's ability to meet those needs. Subsequent visits to evaluate the personal care assistance services provided to a recipient do not require direct observation of each personal care assistant's work and shall occur:


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(1) at least every 90 days thereafter for the first year of a recipient's services;

 

(2) every 120 days after the first year of a recipient's service or whenever needed for response to a recipient's request for increased supervision of the personal care assistance staff; and

 

(3) after the first 180 days of a recipient's service, supervisory visits may alternate between unscheduled phone or Internet technology and in-person visits, unless the in-person visits are needed according to the care plan.

 

(d) Communication with the recipient is a part of the evaluation process of the personal care assistance staff.

 

(e) At each supervisory visit, the qualified professional shall evaluate personal care assistance services including the following information:

 

(1) satisfaction level of the recipient with personal care assistance services;

 

(2) review of the month-to-month plan for use of personal care assistance services;

 

(3) review of documentation of personal care assistance services provided;

 

(4) whether the personal care assistance services are meeting the goals of the service as stated in the personal care assistance care plan and service plan;

 

(5) a written record of the results of the evaluation and actions taken to correct any deficiencies in the work of a personal care assistant; and

 

(6) revision of the personal care assistance care plan as necessary in consultation with the recipient or responsible party, to meet the needs of the recipient.

 

(f) The qualified professional shall complete the required documentation in the agency recipient and employee files and the recipient's home, including the following documentation:

 

(1) the personal care assistance care plan based on the service plan and individualized needs of the recipient;

 

(2) a month-to-month plan for use of personal care assistance services;

 

(3) changes in need of the recipient requiring a change to the level of service and the personal care assistance care plan;

 

(4) evaluation results of supervision visits and identified issues with personal care assistance staff with actions taken;

 

(5) all communication with the recipient and personal care assistance staff; and

 

(6) hands-on training or individualized training for the care of the recipient.

 

(g) The documentation in paragraph (f) must be done on agency forms templates.

 

(h) The services that are not eligible for payment as qualified professional services include:

 

(1) direct professional nursing tasks that could be assessed and authorized as skilled nursing tasks;

 

(2) supervision of personal care assistance completed by telephone;

 

(3) (2) agency administrative activities;


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(4) (3) training other than the individualized training required to provide care for a recipient; and

 

(5) (4) any other activity that is not described in this section.

 

Sec. 14. Minnesota Statutes 2010, section 256B.0659, subdivision 19, is amended to read:

 

Subd. 19. Personal care assistance choice option; qualifications; duties. (a) Under personal care assistance choice, the recipient or responsible party shall:

 

(1) recruit, hire, schedule, and terminate personal care assistants according to the terms of the written agreement required under subdivision 20, paragraph (a);

 

(2) develop a personal care assistance care plan based on the assessed needs and addressing the health and safety of the recipient with the assistance of a qualified professional as needed;

 

(3) orient and train the personal care assistant with assistance as needed from the qualified professional;

 

(4) effective January 1, 2010, supervise and evaluate the personal care assistant with the qualified professional, who is required to visit the recipient at least every 180 days;

 

(5) monitor and verify in writing and report to the personal care assistance choice agency the number of hours worked by the personal care assistant and the qualified professional;

 

(6) engage in an annual face-to-face reassessment to determine continuing eligibility and service authorization; and

 

(7) use the same personal care assistance choice provider agency if shared personal assistance care is being used.

 

(b) The personal care assistance choice provider agency shall:

 

(1) meet all personal care assistance provider agency standards;

 

(2) enter into a written agreement with the recipient, responsible party, and personal care assistants;

 

(3) not be related as a parent, child, sibling, or spouse to the recipient, qualified professional, or the personal care assistant; and

 

(4) ensure arm's-length transactions without undue influence or coercion with the recipient and personal care assistant.

 

(c) The duties of the personal care assistance choice provider agency are to:

 

(1) be the employer of the personal care assistant and the qualified professional for employment law and related regulations including, but not limited to, purchasing and maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, and liability insurance, and submit any or all necessary documentation including, but not limited to, workers' compensation and unemployment insurance;

 

(2) bill the medical assistance program for personal care assistance services and qualified professional services;