STATE OF MINNESOTA
Journal of the
House
EIGHTY-SIXTH SESSION - 2010
_____________________
SEVENTY-FIRST DAY
Saint Paul, Minnesota, Monday, March 8, 2010
The House of Representatives convened at
1:00 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
Prayer was offered by the Reverend Jon Ellefson
(Retired), Rosemount, 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, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Westrom was excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. Paymar
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
I have the honor to inform you that the
following enrolled Act of the 2010 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2010 |
Date Filed 2010 |
2251 184 9:10 a.m.
March 3 March
3
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Pelowski from the Committee on State
and Local Government Operations Reform, Technology and Elections to which was
referred:
H. F. No. 224, A bill for an act relating
to judicial selection; proposing an amendment to the Minnesota Constitution,
article VI, sections 7 and 8; establishing retention elections for judges;
creating a judicial performance commission; amending Minnesota Statutes 2008,
sections 10A.01, subdivisions 7, 10, 15; 204B.06, subdivision 6; 204B.34,
subdivision 3; 204B.36, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 204D; 480B; repealing Minnesota Statutes 2008,
sections 204B.36, subdivision 5; 204D.14, subdivision 3.
Reported the same back with the
following amendments:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1. CONSTITUTIONAL
AMENDMENT PROPOSED.
An amendment to the Minnesota
Constitution is proposed to the people.
If the amendment is adopted, article VI, section 7, will read:
The term of office of all judges
shall be six years and until their successors are qualified. They Following appointment by the governor, each judge
shall initially hold office for a term ending the first Monday of January
following the next regularly scheduled general election held more than three
years after the appointment. Thereafter,
the judge's term of office shall be eight years and until a successor is
appointed and qualified. Judges'
retention shall be elected
determined by the voters from the area which they are to serve,
in the manner provided by law. An
independent judicial performance commission shall evaluate in a nonpartisan
manner the performance of judges according to criteria that the commission
develops and publishes, and any such other criteria as may be established by
law.
article VI, section 8, will read:
Whenever there is a vacancy in the
office of judge, the governor shall appoint in the manner provided by
law a qualified person to fill the vacancy until a successor is elected and
qualified. The successor shall be
elected for a six year term at the next general election occurring more than
one year after the appointment.
Sec. 2. SUBMISSION
TO VOTERS.
The proposed amendment must be
submitted to the people at the 2010 general election. The question submitted must be:
"Shall the Minnesota
Constitution be amended to reaffirm the impartiality of the judiciary by
providing that all judges be appointed by the governor, with their continuation
in office determined at a retention election after a public, nonpartisan
evaluation of their performance by a judicial performance commission rather
than be determined under the current system of contested elections?
Yes
.......
No
......."
Sec. 3. TRANSITION.
Any judge
currently seated or elected at the time the constitutional amendment provided
in section 1 is adopted shall complete the remainder of the judge's term as it
existed before adoption of the amendment.
A judge who is elected at the 2010 general election will serve a term of
six years. Following completion of their
terms, these judges are subject to the retention election process as provided
in the constitution and may file for retention following the procedures
described in article 2.
ARTICLE 2
STATUTORY
PROVISIONS
Section 1. Minnesota Statutes 2008, section 10A.01,
subdivision 7, is amended to read:
Subd. 7. Ballot
question. "Ballot
question" means a question or proposition that is placed on the ballot and
that may be voted on by all voters of the state. "Promoting or defeating a
ballot question" includes activities, other than lobbying activities,
related to qualifying the question for placement on the ballot. A ballot question does not include a
judicial retention election.
Sec. 2. Minnesota Statutes 2008, section 10A.01,
subdivision 10, is amended to read:
Subd. 10. Candidate. "Candidate" means an individual who
seeks nomination or election as a state constitutional officer, or
legislator, or judge retention in a judicial office. An individual is deemed to seek nomination or
election if the individual has taken the action necessary under the law of this
state to qualify for nomination or election, has received contributions or made
expenditures in excess of $100, or has given implicit or explicit consent for
any other person to receive contributions or make expenditures in excess of
$100, for the purpose of bringing about the individual's nomination or
election. A candidate remains a
candidate until the candidate's principal campaign committee is dissolved as
provided in section 10A.24.
Sec. 3. Minnesota Statutes 2008, section 10A.01,
subdivision 15, is amended to read:
Subd. 15. Election. "Election" means a primary, special
primary, general, or special, or retention election.
Sec. 4. Minnesota Statutes 2008, section 10A.14,
subdivision 1, is amended to read:
Subdivision
1. First
registration. The treasurer of a
political committee, political fund, principal campaign committee, or party
unit must register with the board by filing a statement of organization no
later than within the earlier of:
(1) 14 days after the committee, fund,
or party unit has made a contribution, received contributions, or made
expenditures in excess of $100, or by;
(2) 72 hours
after the committee, fund, or party unit has made a contribution, received
contributions, or made expenditures in excess of $100, if the contribution or
expenditure was made to advocate the retention or defeat of a candidate for
judicial office; or
(3) the end of the next business day
after it has received a loan or contribution that must be reported under
section 10A.20, subdivision 5, whichever is earlier.
Sec. 5. Minnesota Statutes 2008, section 10A.20,
subdivision 2, is amended to read:
Subd. 2. Time
for filing. (a) The reports must be
filed with the board on or before January 31 of each year and additional
reports must be filed as required and in accordance with paragraphs (b) and
(c) to (d).
(b) In each year
in which the name of the candidate is on the ballot, the report of the
principal campaign committee must be filed 15 days before a primary and ten
days before a general election, seven days before a special primary and a
special election, and ten days after a special election cycle.
(c) In each
general election year, a political committee, political fund, or party unit
must file reports 15 days before a primary and ten days before a general
election.
(d) In each
general election year in which a political committee, political fund, or party
unit makes expenditures that, in the aggregate, exceed $100 to advocate the
retention or defeat of a candidate for judicial office, reports must be filed
90 days, 60 days, and 30 days before the retention election.
Sec. 6. Minnesota Statutes 2008, section 10A.20, is
amended by adding a subdivision to read:
Subd. 6c.
Independent expenditures;
judicial retention. (a) An
individual, corporation, association, political committee, political party
unit, or political fund must file a report with the board each time the
individual, corporation, association, political committee, political party
unit, or political fund makes or contracts to make, at any time up to and
including the 20th day before an election, independent expenditures in an
aggregate amount in excess of $1,000 to advocate the retention or defeat of a
candidate for judicial office. The
report must be filed within 48 hours after initially making or contracting to make
the expenditures. An additional report
must be filed within 48 hours after each time an independent expenditure in an
aggregate amount in excess of $1,000 is made or contracted to be made, up to
and including the 20th day before a retention election. The report must include the information
required to be reported under subdivision 3, paragraph (g), except that if the
expenditure is reported at the time it is contracted, the report must include
the contract amount.
(b) An
individual, political committee, political party unit, or political fund must
file a report with the board each time the individual, political committee,
political party unit, or political fund makes or contracts to make, between the
19th day and the last day before an election, an independent expenditure in an
aggregate amount in excess of $100 to advocate the retention or defeat of a
candidate for judicial office. The
report must be filed within 24 hours after initially making or contracting to
make such expenditures. An additional
report must be filed within 24 hours after making or contracting to make an
independent expenditure in an aggregate amount in excess of $100 at any time up
to and including the 20th day before a retention election. The report must include the information
required to be reported under subdivision 3, paragraph (g), except that if the
expenditure is reported at the time it is contracted, the report must include
the contract amount.
(c) An
individual, corporation, association, political committee, political party
unit, or political fund that must file a report under this subdivision must
also provide a copy of the report to the candidate, by certified mail, sent
within the time period required for filing that same report with the board as
provided in paragraphs (a) and (b).
Sec. 7. [13.95]
INDEPENDENT JUDICIAL PERFORMANCE COMMISSION.
Data of the
Independent Judicial Performance Commission is classified and governed as
provided in section 480B.02.
Sec. 8. Minnesota Statutes 2008, section 204B.06,
subdivision 6, is amended to read:
Subd. 6. Judicial
retention candidates; designation of term office. An individual A justice or judge
who files as a retention candidate for the office of chief justice or
associate justice of the Supreme Court, judge of the Court of Appeals, or judge
of the district court shall state in the affidavit of candidacy the office of
the particular justice or judge for which the individual is a retention candidate. The individual shall be a retention candidate
only for the office identified in the affidavit. Each justice of the Supreme Court and each
Court of Appeals and district court judge is deemed to hold a separate
nonpartisan office.
Sec. 9. Minnesota Statutes 2008, section 204B.11,
subdivision 1, is amended to read:
Subdivision
1. Amount;
dishonored checks; consequences.
Except as provided by subdivision 2, a filing fee shall be paid by each
candidate who files an affidavit of candidacy.
The fee shall be paid at the time the affidavit is filed. The amount of the filing fee shall vary with
the office sought as follows:
(a) (1) for the office of governor,
lieutenant governor, attorney general, state auditor, secretary of state, or
representative in Congress, $300;
(2) for
(b) (3) for the office of senator in
Congress, $400;
(c) (4) for office of senator or
representative in the legislature, $100;
(d) (5) for a county office, $50; and
(e) (6) for the office of soil and water
conservation district supervisor, $20.
For the office
of presidential elector, and for those offices for which no compensation is
provided, no filing fee is required.
The filing fees
received by the county auditor shall immediately be paid to the county
treasurer. The filing fees received by
the secretary of state shall immediately be paid to the commissioner of
management and budget.
When an
affidavit of candidacy has been filed with the appropriate filing officer and
the requisite filing fee has been paid, the filing fee shall not be
refunded. If a candidate's filing fee is
paid with a check, draft, or similar negotiable instrument for which sufficient
funds are not available or that is dishonored, notice to the candidate of the
worthless instrument must be sent by the filing officer via registered mail no
later than immediately upon the closing of the filing deadline with return
receipt requested. The candidate will
have five days from the time the filing officer receives proof of receipt to
issue a check or other instrument for which sufficient funds are available. The candidate issuing the worthless instrument
is liable for a service charge pursuant to section 604.113. If adequate payment is not made, the name of
the candidate must not appear on any official ballot and the candidate is
liable for all costs incurred by election officials in removing the name from
the ballot.
Sec. 10. Minnesota Statutes 2008, section 204B.34,
subdivision 3, is amended to read:
Subd. 3. Judicial
elections. When one or more justices
of the Supreme Court or judges of the Court of Appeals or of a district court are
to be nominated at the same primary or elected at the same general election
have filed for retention election, the notice of election shall state the
name of each justice or judge whose successor is to be nominated or elected
seeking retention.
Sec. 11. Minnesota Statutes 2008, section 204B.36,
subdivision 4, is amended to read:
Subd. 4. Judicial
retention candidates. The
official ballot shall contain the names of all candidates for each judicial
office and shall state the number of those candidates for whom a voter may
vote. (a) The official ballot shall contain the names of all justices or
judges seeking to retain their office. Each
seat for an associate justice, associate judge, or judge of the district court
must be numbered. The words
"SUPREME COURT," "COURT OF APPEALS," and "(number)
DISTRICT COURT" must be printed above the respective judicial office
groups on the ballot. The title of each
judicial office shall be printed on the official primary and general
election ballot as follows:
(a) (1) in the case of the Supreme Court:
"Chief
justice";
"Associate
justice (number)";
(b) (2) in the case of the Court of Appeals:
"Judge (number)"; or
(c) (3) in the case of the district court:
"Judge
(number)."
(b) A
judicial retention election shall be placed on the ballot as a question, as
provided in subdivision 3. The question
shall appear in substantially the following form: "Shall ..... (name of judge) of the .....
(district court, Court of Appeals, or Supreme Court) be retained in
office?"
Sec. 12. [204D.30]
RETENTION OF JUDGES.
(a) Within
the time period established by section 204B.09, a judge seeking to retain
judicial office shall file an affidavit of candidacy with the secretary of
state. Judges who have filed an
affidavit of candidacy as provided in this section must be placed on the
appropriate official ballot at the next regular general election under a
nonpartisan designation in the form provided in section 204B.36, subdivision 4.
(b) If a majority
of those voting on the question votes "No," then upon the expiration
of the term for which the judge was serving, a vacancy exists, which must be
filled as provided by law. If a majority
of those voting on the question votes "Yes," the judge shall remain
in office for an eight-year term, subject to removal as provided by the
Minnesota Constitution. A judge who
loses a retention election is ineligible to be appointed to fill the resulting
vacancy.
(c) A judge
seeking to retain judicial office is considered a candidate for election to
that office. A judicial retention
election is not a ballot question for the purposes of Minnesota Election Law.
Sec. 13. [480B.02]
INDEPENDENT JUDICIAL PERFORMANCE COMMISSION.
Subdivision
1. Establishment. An Independent Judicial Performance
Evaluation Commission is established and shall be an independent body not
subject to the direct control of any branch of government.
Subd. 2.
Purpose of commission. After public hearings, the commission
shall adopt and administer for all judges a process for evaluating judicial
performance. The performance review
process must be designed to assist voters in evaluating the performance of
judges standing for retention, facilitate self-improvement of all judges, and
promote public accountability of the judiciary.
Subd. 3.
Composition; appointment of
commission members. (a) The
commission is comprised of 24 members.
All members of the commission must be residents of Minnesota at the time
of their appointment and for the duration of their term. Sitting judges and public officials, as
defined in section 10A.01, subdivision 35, may not be appointed or serve on the
commission. Members of the commission
who are attorneys at the time of their appointment must have been admitted to
practice before the Minnesota Supreme Court for not less than five years. Members of the commission are eligible for
reappointment up to two additional full terms.
(b) Members
of the commission must be appointed and serve as follows:
(1) the
governor shall appoint a total of eight members, no more than four of whom may
be attorneys at the time of their appointment.
Gubernatorial appointees serve on the commission until the governor who
made the appointment leaves office or for a term of four years, whichever comes
first;
(2) the Supreme Court shall
appoint a total of eight members. The
court shall designate one of the appointees to serve as chair of the
commission. No more than four of the
appointees may be attorneys at the time of their appointment. The Supreme Court's appointees serve on the
commission for a four-year term; and
(3) the
legislature shall appoint a total of eight members, no more than four of whom
may be attorneys at the time of their appointment. Legislative appointments must be made
sequentially as follows: the speaker of
the house shall appoint one member, the majority leader of the senate shall
appoint one member, the minority leader of the house of representatives shall
appoint one member, and the minority leader of the senate shall appoint one
member. After each legislative leader
has made one appointment as provided in this clause, a second round of
appointments must be made in the same sequence.
Legislative appointees serve on the commission for a two-year term.
In the case
of a vacancy on the commission, the authority who appointed the member whose
seat has become vacant shall appoint a person to fill the vacancy for the
remainder of the unexpired term.
(c) In
making appointments, the governor, Supreme Court, and legislative leaders must
consider the diversity of the state's population, as well as the importance of
balanced geographic representation, and appoint individuals of outstanding
competence and reputation. The governor,
Supreme Court, and legislative leaders should consult with one another to
ensure the requirements of this paragraph are met.
(d) Members
shall perform their duties in an impartial and objective manner and shall base
their recommendations solely upon matters that are in the record developed by
the commission. A member who violates
this paragraph may be removed from the commission by majority vote of the
commission's membership.
(e) A member
may be removed by the appointing authority at any time for cause, after notice
and hearing, or after missing three consecutive meetings. After a member misses two consecutive
meetings and before the next meeting, the secretary of the commission shall
notify the member in writing that the member may be removed if the member
misses the next meeting. The chair of
the commission shall inform the appointing authority if a member misses three
consecutive meetings.
(f)
Commission members shall serve without compensation and may not be reimbursed
for expenses associated with their work on the commission.
(g) The
commission shall appoint an executive secretary to provide administrative
assistance and coordinate the work of the commission.
Subd. 4.
Meetings and data. Meetings of the Independent Judicial
Performance Commission are subject to the requirements of chapter 13D, except
that a meeting held to evaluate the performance of a judge may only be closed
to discuss issues related to the judge's health or allegations against the
judge that may be defamatory in nature.
The commission is subject to the requirements of chapter 13. Except as otherwise provided in this section,
data of the commission are public data pursuant to section 13.03, subdivision
1.
Subd. 5.
Standards and procedures. (a) The Independent Judicial Performance
Commission shall develop written standards, subject to approval of the Supreme
Court in their entirety, by which judicial performance is to be evaluated. The standards must be periodically updated
and must include knowledge of the law, procedure, integrity, impartiality,
temperament, respect for litigants, respect for the rule of law, administrative
skill, punctuality, and communication skills.
The commission may not evaluate judicial performance based on
substantive legal issues or opinions subject to standard appellate processes.
(b) The
commission shall adopt procedures for collecting information and conducting
reviews and shall create and implement a program of periodic review of the
performance of each judge. The
commission must request public comment on these procedures prior to their
adoption.
Subd. 6.
(b) The
commission must employ or contract with qualified individuals to prepare survey
forms, process responses, and compile the statistical reports of the survey
results in a manner that ensures confidentiality and accuracy.
(c) Each survey
conducted must seek evaluations in accordance with the written performance
standards adopted as provided in paragraph (a) and must solicit narrative
comments regarding the judge's performance.
Narrative comments contained in a survey response are private data on
the judge, as defined in section 13.02, subdivision 12. Other data on an individual who completes or
responds to a survey form are private data on that individual.
Subd. 7.
Midterm evaluation. The commission shall evaluate each judge
halfway through the judge's term, as nearly as practicable, to provide feedback
to the judge about the judge's performance and to give the judge an opportunity
for improvement. The commission shall
adopt procedures for conducting the midterm evaluation.
Subd. 8.
Retention-year evaluation. (a) In each year in which a judge has the
opportunity to file as a candidate for retention, the Independent Judicial
Performance Commission must conduct a final evaluation of the judge and
determine whether the judge meets or does not meet judicial performance
standards. Upon completion of the
evaluation, the commission must rate the judge "well-qualified,"
"qualified," or "unqualified" for office. A rating of "unqualified" does not
prohibit a judge from seeking retention by the voters.
(b) The final
evaluation of a judge must include a public hearing and an opportunity for
submission of written public comments on the performance of a judge standing
for retention. Prior to accepting public
comment and conducting a hearing, the commission must notify each judge to be
evaluated of the process for conducting the evaluation and the right of the
judge to submit written comments and appear in person at the hearing. The hearing and evaluation may be conducted
by a panel of commission members, as provided in subdivision 9.
(c) A judge
who does not intend to seek retention may waive the final evaluation process by
providing written notice to the commission affirming the judge's intention to
not file as a retention candidate for the judge's current office. If a judge waives the final evaluation under
this paragraph, the judge is not eligible to file an affidavit of candidacy for
the office and is not eligible to be appointed to fill the resulting vacancy.
Subd. 9.
Evaluation panels; review by
full commission. (a) The
evaluation of a judge may be conducted by an evaluation panel. An evaluation panel is comprised of five
members, including at least one member appointed by each branch of government,
but otherwise chosen randomly. A panel
must report its results to the full commission.
The full commission shall review a panel's evaluation if the panel rates
a judge unqualified, or if one panelist or three members of the commission
request a review within 15 days after the panel makes its report. The commission may overturn a panel's
rating. If a panel's report and rating
is not reviewed, the determination of the panel is final. Decisions of an evaluation panel or the full
commission regarding a judge's performance are not subject to judicial review.
(b) If an
evaluation is reviewed by the full commission, the commission shall provide
written notice to the affected judge.
The judge has the right to submit written comments to the commission and
to appear and be heard by the commission prior to a final vote of the
commission members regarding the judge's performance.
Subd. 10.
Publication of evaluation
results. Following the final
evaluation of a judge, the commission shall compile a factual report on the
judicial performance of each judge intending to stand for retention, including
the final rating assigned to the judge's performance. The report must be made available to the
public at least one month before the time period established in section 204B.09
for filing an affidavit of candidacy with the secretary of state.
Sec. 14. [480B.03]
JUDICIAL RETENTION ELECTIONS.
Judicial
retention elections must be conducted consistent with the procedures
established by law for the administration of state general elections. Judges standing for retention must be placed
on the ballot as provided in section 204D.30.
Sec. 15. [480B.04]
REQUIREMENTS FOR SERVICE ON COMMISSIONS.
Subdivision
1. Service
on multiple commissions prohibited.
A person may not simultaneously serve on more than one commission
established under this chapter.
Subd. 2.
Service until appointment of
successors. Members of
commissions established under this chapter continue to serve until their
successors have been appointed and qualified.
Sec. 16. [480B.05]
TELEPHONIC OR ELECTRONIC PARTICIPATION IN MEETINGS.
(a) If
compliance with section 13D.02 is impractical, any of the commissions
established under this chapter may conduct a meeting of its members by
telephonic or other electronic means, so long as the following conditions are
met:
(1) all
members of the commission participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
(2) all
members of the public present at the regular meeting location can clearly hear
all discussion and testimony and all votes of members;
(3) at least
one member of the commission is physically present at the regular meeting
location; and
(4) all
votes committing funds, finalizing recommendations, and approving contracts are
conducted by roll call, so each member's vote on each issue can be identified
and recorded.
(b) Each
member of the commission participating in a meeting by telephonic or other
electronic means is considered present at the meeting for purposes of
determining a quorum and participating in all proceedings. If telephonic or other electronic means are
used to conduct a meeting, the commission, to the extent practical, shall allow
a person to monitor the meeting electronically from a remote location. The commission may require the person making
the connection to pay for documented marginal costs that the commission incurs
as a result of the additional connection.
If telephonic or other electronic means are used to conduct a regular,
special, or emergency meeting, the commission shall provide notice of the
regular meeting location, of the fact that some members may participate by
telephonic or other electronic means, and of whether and how a person may
monitor the meeting electronically from a remote location. The timing and method of providing notice is
governed by section 13D.04.
Sec. 17. [480B.06]
JUDICIAL PERFORMANCE EVALUATION; FEE.
Subdivision
1. Authorization. The Supreme Court, through the Lawyer
Registration Office, may assess a judicial performance evaluation fee on each
licensed attorney in the state. If
imposed, the fee must not exceed $....... and may only apply to attorneys
actively engaged in the practice of law.
Subd. 2.
Creation of account. The Judicial Performance Evaluation Fee
Account is created in the special revenue fund.
The state court administrator shall forward fees collected under
subdivision 1 to the commissioner of finance who shall deposit them in the
state treasury and credit them to this account.
Money in the account is appropriated to the Independent Judicial
Performance Commission.
Sec. 18. INDEPENDENT
JUDICIAL PERFORMANCE COMMISSION; FIRST MEETING; TRANSITION.
(a) Initial
appointments must be made to the Independent Judicial Performance Commission on
July 1, 2011.
(b) Initial
appointees shall serve for a term ending January 15, 2013, and may be
considered for reappointment as provided in this article at that time. The chair of the commission must convene the
first full meeting of the commission no later than August 1, 2011, and appoint
a secretary for the commission at the first meeting.
(c) The
commission is only required to conduct a final retention-year evaluation of
each judge whose term expires on or before January 5, 2015, but may conduct an
initial evaluation of these judges to provide an opportunity for improvement if
the commission determines that it is prepared and equipped to do so. Judges whose terms expire after January 5,
2015, are subject to both the midterm and final retention-year evaluations
required by this article.
Sec. 19. REPEALER.
Minnesota
Statutes 2008, sections 204B.36, subdivision 5; and 204D.14, subdivision 3, are
repealed.
Sec. 20. EFFECTIVE
DATE.
This article
is effective July 1, 2011, if the constitutional amendment in article 1 is
adopted. However, if the constitutional
amendment is adopted, the governor and Supreme Court may immediately undertake
any procedure necessary to consider and select potential appointees."
Delete the
title and insert:
"A bill
for an act relating to judicial selection; proposing an amendment to the
Minnesota Constitution, article VI, sections 7 and 8; establishing retention
elections for judges; creating an independent judicial performance commission;
amending Minnesota Statutes 2008, sections 10A.01, subdivisions 7, 10, 15;
10A.14, subdivision 1; 10A.20, subdivision 2, by adding a subdivision; 204B.06,
subdivision 6; 204B.11, subdivision 1; 204B.34, subdivision 3; 204B.36,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 13;
204D; 480B; repealing Minnesota Statutes 2008, sections 204B.36, subdivision 5;
204D.14, subdivision 3."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Civil Justice.
The
report was adopted.
Mullery from
the Committee on Civil Justice to which was referred:
H. F. No. 1182,
A bill for an act relating to eminent domain; clarifying use of eminent domain
authority by public service corporations; amending Minnesota Statutes 2008, sections
117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement, section
117.189.
Reported the
same back with the following amendments:
Page 3, line
35, before "publicly" insert "and"
Page 3, line 36, after "corridors"
insert "to the extent such consideration does not increase impacts on
home or business"
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F.
No. 1395, A bill for an act relating to real property; modifying procedures
relating to uses and conveyances of tax-forfeited property; amending Minnesota
Statutes 2008, sections 282.01, subdivisions 1, 1a, 1c, 1d, 2, 3, 4, 7, 7a, by
adding a subdivision; 287.2205; repealing Minnesota Statutes 2008, section 282.01,
subdivisions 1b, 9, 10, 11.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
282.01, subdivision 1, is amended to read:
Subdivision
1. Classification
as conservation or nonconservation. It
is the general policy of this state to encourage the best use of tax-forfeited
lands, recognizing (a) When acting on behalf of the state under laws
allowing the county board to classify and manage tax-forfeited lands held by
the state in trust for the local units as provided in section 281.25, the
county board has the discretion to decide that some lands in public ownership
should be retained and managed for public benefits while other lands should be
returned to private ownership. Parcels
of land becoming the property of the state in trust under law declaring the
forfeiture of lands to the state for taxes must be classified by the county
board of the county in which the parcels lie as conservation or
nonconservation. In making the
classification the board shall consider the present use of adjacent lands, the
productivity of the soil, the character of forest or other growth,
accessibility of lands to established roads, schools, and other public
services, their peculiar suitability or desirability for particular uses,
and the suitability of the forest resources on the land for multiple use,
and sustained yield management. The
classification, furthermore, must: (1)
encourage and foster a mode of land utilization that will facilitate the
economical and adequate provision of transportation, roads, water supply,
drainage, sanitation, education, and recreation; (2) facilitate
reduction of governmental expenditures; (3) conserve and develop the
natural resources; and (4) foster and develop agriculture and other
industries in the districts and places best suited to them.
In making
the classification the county board may use information made available by any
office or department of the federal, state, or local governments, or by any
other person or agency possessing pertinent information at the time the
classification is made. The lands may be
reclassified from time to time as the county board considers necessary or
desirable, except for conservation lands held by the state free from any trust
in favor of any taxing district.
municipality. If the town board or governing body desires
to acquire any parcel lying in the town or municipality by procedures
authorized in this section, it must file a written application with the county
board to withhold the parcel from public sale.
The application must be filed within 60 days of the request for
classification or reclassification and sale.
The county board shall then withhold the parcel from public sale for six
months. A municipality or governmental
subdivision shall pay maintenance costs incurred by the county during the
six-month period while the property is withheld from public sale, provided the
property is not offered for public sale after the six-month period. A clerical error made by county officials
does not serve to eliminate the request of the town board or governing body if
the board or governing body has forwarded the application to the county
auditor. If the town board or governing
body of the municipality fails to submit an application and a resolution of the
board or governing body to acquire the property within the withholding period,
the county may offer the property for sale upon the expiration of the
withholding period.If the lands
are located within the boundaries of an organized town, with taxable valuation
in excess of $20,000, or incorporated municipality, the classification or
reclassification and sale must first be approved by the town board of the town
or the governing body of the municipality in which the lands are located. The town board of the town or the governing
body of the municipality is considered to have approved the classification or
reclassification and sale if the county board is not notified of the
disapproval of the classification or reclassification and sale within 60 days
of the date the request for approval was transmitted to the town board of the
town or governing body of the
(b) Whenever
the county board deems it appropriate, the board may hold a meeting for the
purpose of reclassifying tax-forfeited land that has not been sold or released
from the trust. The criteria and
procedures for reclassification are the same as those required for an initial
classification.
(c) Prior to
meeting for the purpose of classifying or reclassifying tax-forfeited lands,
the county board must give notice of its intent to meet for that purpose as
provided in this paragraph. The notice
must be given no more than 90 days and no less than 60 days before the date of
the meeting; provided that if the meeting is rescheduled, notice of the new
date, time, and location must be given at least 14 days before the date of the
rescheduled meeting. The notice must be
posted on a Web site. The notice must
also be mailed or otherwise delivered to each person who has filed a request
for notice of special meetings with the public body, regardless of whether the
matter is considered at a regular or special meeting. The notice must be mailed or delivered at
least 60 days before the date of the meeting.
If the meeting is rescheduled, notice of the new date, time, and
location must be mailed or delivered at least 14 days before the date of the
rescheduled meeting. The public body
shall publish the notice once, at least 30 days before the meeting, in a
newspaper of general circulation within the area of the public body's
authority. The board must also mail a
notice by electronic means to each person who requests notice of meetings
dealing with this subject and who agrees as provided in chapter 325L to accept
notice that is mailed by electronic means.
Receipt of actual notice under the conditions specified in section
13D.04, subdivision 7, satisfies the notice requirements of this paragraph.
The board
may classify or reclassify tax-forfeited lands at any regular or special
meeting, as those terms are defined in chapter 13D and may conduct only this
business, or this business as well as other business or activities at the
meeting.
(d) At the
meeting, the county board must allow any person or agency possessing pertinent
information to make or submit comments and recommendations about the pending
classification or reclassification. In
addition, representatives of governmental entities in attendance must be
allowed to describe plans, ideas, or projects that may involve use or
acquisition of the property by that or another governmental entity. The county board must solicit and consider
any relevant components of current municipal or metropolitan comprehensive land
use plans that incorporate the area in which the land is located. After allowing testimony, the board may
classify, reclassify, or delay taking action on any parcel or parcels. In order for a state agency or a governmental
subdivision of the state to preserve its right to request a purchase or other
acquisition of a forfeited parcel, it may, at any time following forfeiture,
file a written request to withhold the parcel from sale or lease to others
under the provisions of subdivision 1a.
(e) When
classifying, reclassifying, appraising, and selling lands under this chapter,
the county board may designate the tracts as assessed and acquired, or may by
resolution provide for the subdivision of the tracts into smaller units or for
the grouping of several tracts into one tract when the subdivision or grouping
is deemed advantageous for conservation or sale purposes. This paragraph does not authorize the county
board to subdivide a parcel or tract of tax-forfeited land that, as assessed
and acquired, is withheld from sale under section 282.018, subdivision 1.
(f) A county board may by
resolution elect to use the classification and reclassification procedures
provided in paragraphs (g), (h), and (i), instead of the procedures provided in
paragraphs (b), (c), and (d). Once an
election is made under this paragraph, it is effective for a minimum of five
years.
(g) The
classification or reclassification of tax-forfeited land that has not been sold
or released from the trust may be made by the county board using information
made available to it by any office or department of the federal, state, or
local governments, or by any other person or agency possessing pertinent
information at the time the classification is made.
(h) If the
lands are located within the boundaries of an organized town or incorporated
municipality, a classification or reclassification and sale must first be
approved by the town board of the town or the governing body of the
municipality in which the lands are located.
The town board of the town or the governing body of the municipality is
considered to have approved the classification or reclassification and sale if
the county board is not notified of the disapproval of the classification or
reclassification and sale within 60 days of the date the request for approval
was transmitted to the town board of the town or governing body of the
municipality. If the town board or
governing body disapproves of the classification or reclassification and sale,
the county board must follow the procedures in paragraphs (c) and (d), with
regard to the parcel, and must additionally cause to be published in a
newspaper a notice of the date, time, location, and purpose of the required
meeting.
(i) If a
town board or a governing body of a municipality or a park and recreation board
in a city of the first class desires to acquire any parcel lying in the town or
municipality by procedures authorized in this section, it may file a written
request under subdivision 1a, paragraph (a).
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 282.01,
subdivision 1a, is amended to read:
Subd. 1a. Conveyance;
generally to public entities.
(a) Upon written request from a state agency or a governmental
subdivision of the state, a parcel of unsold tax-forfeited land must be
withheld from sale or lease to others for a maximum of six months. The request must be submitted to the county
auditor. Upon receipt, the county
auditor must withhold the parcel from sale or lease to any other party for six
months, and must confirm the starting date of the six-month withholding period
to the requesting agency or subdivision.
If the request is from a governmental subdivision of the state, the
governmental subdivision must pay the maintenance costs incurred by the county
during the period the parcel is withheld.
The county board may approve a sale or conveyance to the requesting
party during the withholding period. A
conveyance of the property to the requesting party terminates the withholding
period.
A
governmental subdivision of the state must not make, and a county auditor must
not act upon, a second request to withhold a parcel from sale or lease within
18 months of a previous request for that parcel. A county may reject a request made under this
paragraph if the request is made more than 30 days after the county has given
notice to the requesting state agency or governmental subdivision of the state
that the county intends to sell or otherwise dispose of the property.
(b)
Nonconservation tax-forfeited
lands may be sold by the county board, for their market value as determined by
the county board, to an organized or incorporated governmental
subdivision of the state for any public purpose for which the subdivision is
authorized to acquire property or.
When the term "market value" is used in this section, it means
an estimate of the full and actual market value of the parcel as determined by
the county board, but in making this determination, the board and the persons
employed by or under contract with the board in order to perform, conduct, or
assist in the determination, are exempt from the licensure requirements of
chapter 82B.
(c) Nonconservation
tax-forfeited landsof
to the county board by a state agency for an authorized use at not less
than their market value as determined by the county board.
(d)
Nonconservation tax-forfeited lands may be sold by the county board to an
organized or incorporated governmental subdivision of the state or state agency
for less than their market value if:
(1) the
county board determines that a sale at a reduced price is in the public
interest because a reduced price is necessary to provide an incentive to
correct the blighted conditions that make the lands undesirable in the open
market, or the reduced price will lead to the development of affordable
housing; and
(2) the
governmental subdivision or state agency has documented its specific plans for
correcting the blighted conditions or developing affordable housing, and the
specific law or laws that empower it to acquire real property in furtherance of
the plans.
If the sale
under this paragraph is to a governmental subdivision of the state, the
commissioner of revenue must convey the property on behalf of the state by quit
claim deed. If the sale under this
paragraph is to a state agency, the commissioner must issue a conveyance
document that releases the property from the trust in favor of the taxing
districts.
(e)
Nonconservation tax-forfeited land held in trust in favor of the taxing
districts may be conveyed by the commissioner of revenue may convey by deed in the
name of the state a tract of tax-forfeited land held in trust in favor of
the taxing districts to a governmental subdivision for an authorized public
use, if an application is submitted to the commissioner which includes a
statement of facts as to the use to be made of the tract and the need
therefor and the favorable recommendation of the county board. For the purposes of this paragraph,
"authorized public use" means a use that allows an indefinite segment
of the public to physically use and enjoy the property in numbers appropriate
to its size and use, or is for a public service facility. Authorized public uses as defined in this
paragraph are limited to:
(1) a road,
or right-of-way for a road;
(2) a park
that is both available to, and accessible by, the public that contains
amenities such as campgrounds, playgrounds, athletic fields, trails, or
shelters;
(3) trails
for walking, bicycling, snowmobiling, or other recreational purposes, along
with a reasonable amount of surrounding land maintained in its natural state;
(4) transit
facilities for buses, light rail transit, commuter rail or passenger rail,
including transit ways, park-and-ride lots, transit stations, maintenance and
garage facilities, and other facilities related to a public transit system;
(5) public
beaches or boat launches;
(6) public
parking;
(7) civic
recreation or conference facilities; and
(8) public
service facilities such as fire halls, police stations, lift stations, water
towers, sanitation facilities, water treatment facilities, and administrative
offices.
No monetary compensation or
consideration is required for the conveyance, except as provided in subdivision
1g, but the conveyance is subject to the conditions provided in law, including,
but not limited to, the reversion provisions of subdivisions 1c and 1d.
(f) The
commissioner of revenue shall convey a parcel of nonconservation tax-forfeited
land to a local governmental subdivision of the state by quit claim deed on
behalf of the state upon the favorable recommendation of the county board if
the governmental subdivision has certified to the board that prior to
forfeiture the subdivision was entitled to the parcel under a written
development agreement or instrument, but the conveyance failed to occur prior
to forfeiture. No compensation or
consideration is required for, and no conditions attach to, the conveyance.
(g) The
commissioner of revenue shall convey a parcel of nonconservation tax-forfeited
land to the association of a common interest community by quit claim deed upon
the favorable recommendation of the county board if the association certifies
to the board that prior to forfeiture the association was entitled to the
parcel under a written agreement, but the conveyance failed to occur prior to
forfeiture. No compensation or consideration
is required for, and no conditions attach to, the conveyance.
(h)
Conservation tax-forfeited land may be sold to a governmental subdivision of
the state for less than its market value for either: (1) creation or preservation of wetlands; (2)
drainage or storage of storm water under a storm water management plan; or (3)
preservation, or restoration and preservation, of the land in its natural
state. The deed must contain a
restrictive covenant limiting the use of the land to one of these purposes for
30 years or until the property is reconveyed back to the state in trust. At any time, the governmental subdivision may
reconvey the property to the state in trust for the taxing districts. The deed of reconveyance is subject to
approval by the commissioner of revenue.
No part of a purchase price determined under this paragraph shall be
refunded upon a reconveyance, but the amount paid for a conveyance under this
paragraph may be taken into account by the county board when setting the terms
of a future sale of the same property to the same governmental subdivision
under paragraph (b) or (d). If the lands
are unplatted and located outside of an incorporated municipality and the
commissioner of natural resources determines there is a mineral use potential,
the sale is subject to the approval of the commissioner of natural resources.
(i) A park
and recreation board in a city of the first class is a governmental subdivision
for the purposes of this section.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 3. Minnesota Statutes 2008, section 282.01,
subdivision 1b, is amended to read:
Subd. 1b. Conveyance;
targeted neighborhood lands. (a)
Notwithstanding subdivision 1a, in the case of tax-forfeited lands located in a
targeted neighborhood, as defined in section 469.201, subdivision 10
in a city of the first class, the commissioner of revenue shall convey by quit
claim deed in the name of the state any tract of tax-forfeited land held in
trust in favor of the taxing districts, to a political subdivision of the
state that submits an application to the commissioner of revenue and the favorable
recommendation of the county board. For
purposes of this subdivision, the term "targeted neighborhood" has
the meaning given in section 469.201, subdivision 10, except that the land must
be located within a first class city.
(b) The
application under paragraph (a) must include a statement of facts as to the use
to be made of the tract, the need therefor, and a resolution, adopted by the
governing body of the political subdivision, finding that the conveyance of a
tract of tax-forfeited land to the political subdivision is necessary to
provide for the redevelopment of land as productive taxable property. Deeds of conveyance issued under paragraph
(a) are not conditioned on continued use of the property for the use stated in
the application.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 4. Minnesota Statutes 2008, section 282.01,
subdivision 1c, is amended to read:
Subd. 1c. Deed
of conveyance; form; approvals. The
deed of conveyance for property conveyed for a an authorized
public use under the authorities in subdivision 1a, paragraph (e), must
be on a form approved by the attorney general and must be conditioned on
continued use for the purpose stated in the application as provided in this
section. These deeds are conditional use
deeds that convey a defeasible estate.
Reversion of the estate occurs by operation of law and without the
requirement for any affirmative act by or on behalf of the state when there is
a failure to put the property to the approved authorized public use for which
it was conveyed, or an abandonment of that use, except as provided in
subdivision 1d.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 282.01,
subdivision 1d, is amended to read:
Subd. 1d. Reverter
for failure to use; conveyance to state.
(a) If after three years from the date of the conveyance a
governmental subdivision to which tax-forfeited land has been conveyed for a
specified an authorized public use as provided in this section
subdivision 1a, paragraph (e), fails to put the land to that use, or
abandons that use, the governing body of the subdivision may, must: (1) with the approval of the county board,
purchase the property for an authorized public purpose at the present appraised
market value as determined by the county board. In that case, the commissioner of revenue
shall, upon proper written application approved by the county board, issue an
appropriate deed to the subdivisions free of a use restriction and
reverter. The governing body may also,
or (2) authorize the proper officers to convey the land, or the part of the
land not required for an authorized public use, to the state of Minnesota.
in trust for the taxing districts. If
the governing body purchases the property under clause (1), the commissioner of
revenue shall, upon proper application submitted by the county auditor, convey
the property on behalf of the state by quit claim deed to the subdivision free
of a use restriction and the possibility of reversion or defeasement. If the governing body decides to reconvey the
property to the state under this clause, the officers shall execute a deed
of conveyance immediately. The
conveyance is subject to the approval of the commissioner and its form must be
approved by the attorney general. A
sale, lease, transfer, or other conveyance of tax-forfeited lands by a housing
and redevelopment authority, a port authority, an economic development
authority, or a city as authorized by chapter 469 is not an abandonment of use
and the lands shall not be reconveyed to the state nor shall they revert to the
state. A certificate made by a housing
and redevelopment authority, a port authority, an economic development
authority, or a city referring to a conveyance by it and stating that the
conveyance has been made as authorized by chapter 469 may be filed with the
county recorder or registrar of titles, and the rights of reverter in favor of
the state provided by subdivision 1e will then terminate. No vote of the people is required for the
conveyance. For the purposes of this paragraph, there is no failure to
put the land to the authorized public use and no abandonment of that use if a
formal plan of the governmental subdivision, including, but not limited to, a
comprehensive plan or land use plan that shows an intended future use of the
land for the authorized public use.
(b) Property
held by a governmental subdivision of the state under a conditional use deed
executed under subdivision 1a, paragraph (e), by the commissioner of revenue on
or after January 1, 2007, may be acquired by that governmental subdivision
after 15 years from the date of the conveyance if the commissioner determines
upon written application from the subdivision that the subdivision has in fact
put the property to the authorized public use for which it was conveyed, and
the subdivision has made a finding that it has no current plans to change the
use of the lands. Prior to conveying the
property, the commissioner shall inquire whether the county board where the
land is located objects to a conveyance of the property to the subdivision
without conditions and without further act by or obligation of the
subdivision. If the county does not
object within 60 days, and the commissioner makes a favorable determination,
the commissioner shall issue a quit claim deed on behalf of the state
unconditionally conveying the property to the governmental subdivision. For purposes of this paragraph, demonstration
of an intended future use for the authorized public use in a formal plan of the
governmental subdivision does not constitute use for that authorized public
use.
(c) Property held by a
governmental subdivision of the state under a conditional use deed executed
under subdivision 1a, paragraph (e), by the commissioner of revenue before
January 1, 2007, is released from the use restriction and possibility of
reversion on January 1, 2022, if the county board records a resolution
describing the land and citing this paragraph.
The county board may authorize the county treasurer to deduct the amount
of the recording fees from future settlements of property taxes to the
subdivision.
(d) All
property conveyed under a conditional use deed executed under subdivision 1a,
paragraph (e), by the commissioner of revenue is released from the use
restriction and reverter, and any use restriction or reverter for which no
declaration of reversion has been recorded with the county recorder or
registrar of titles, as appropriate, is nullified on the later of: (1) January 1, 2015; (2) 30 years from the
date the deed was acknowledged; or (3) final resolution of an appeal to
district court under subdivision 1e, if a lis pendens related to the appeal is
recorded in the office of the county recorder or registrar of titles, as
appropriate, prior to January 1, 2015.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 282.01, is
amended by adding a subdivision to read:
Subd. 1g.
Conditional use deed fees. (a) A governmental subdivision of the
state applying for a conditional use deed under subdivision 1a, paragraph (e),
must submit a fee of $250 to the commissioner of revenue along with the
application. If the application is
denied, the commissioner shall refund $150 of the application fee.
(b) The
proceeds from the fees must be deposited in a Department of Revenue conditional
use deed revolving fund. The sums
deposited into the revolving fund are appropriated to the commissioner of
revenue for the purpose of making the refunds described in this subdivision,
and administering conditional use deed laws.
EFFECTIVE DATE.
This section is effective for applications received by the
commissioner after June 30, 2010.
Sec. 7. Minnesota Statutes 2008, section 282.01, is
amended by adding a subdivision to read:
Subd. 1h.
Conveyance; form. The instruments of conveyance executed and
issued by the commissioner of revenue under subdivision 1a, paragraphs (c),
(d), (e), (f), (g), and (h), and subdivision 1d, paragraph (b), must be on a
form approved by the attorney general and are prima facie evidence of the facts
stated therein and that the execution and issuance of the conveyance complies
with the applicable laws.
EFFECTIVE DATE.
This section is effective for deeds executed by the commissioner of
revenue after June 30, 2010.
Sec. 8. Minnesota Statutes 2008, section 282.01,
subdivision 2, is amended to read:
Subd. 2. Conservation
lands; county board supervision. (a)
Lands classified as conservation lands, unless reclassified as
nonconservation lands, sold to a governmental subdivision of the state,
designated as lands primarily suitable for forest production and sold as
hereinafter provided, or released from the trust in favor of the taxing
districts, as herein provided, will must be held under the
supervision of the county board of the county within which such the
parcels lie. and must not be conveyed or sold unless the lands are:
The county
board may, by resolution duly adopted, declare lands classified as conservation
lands as primarily suitable for timber production and as lands which should be
placed in private ownership for such purposes.
If such action be approved by the commissioner of natural resources, the
lands so designated, or any part thereof, may be sold by the county board in
the same manner as provided for the sale of lands classified as nonconservation
lands. Such county action and the
approval of the commissioner shall be limited to lands lying within areas zoned
for restricted uses under the provisions of Laws 1939, chapter 340, or any
amendments thereof.
(1) reclassified as
nonconservation lands;
(2) conveyed
to a governmental subdivision of the state under subdivision 1a;
(3) released
from the trust in favor of the taxing districts as provided in paragraph (b);
or
(4) conveyed
or sold under the authority of another general or special law.
(b) The county board may, by resolution
duly adopted, resolve that certain lands classified as conservation lands shall
be devoted to conservation uses and may submit such a resolution
to the commissioner of natural resources.
If, upon investigation, the commissioner of natural resources determines
that the lands covered by such the resolution, or any part
thereof, can be managed and developed for conservation purposes, the
commissioner shall make a certificate describing the lands and reciting the
acceptance thereof on behalf of the state for such purposes. The commissioner shall transmit the
certificate to the county auditor, who shall note the same upon the auditor's
records and record the same with the county recorder. The title to all lands so accepted shall be
held by the state free from any trust in favor of any and all taxing districts
and such the lands shall be devoted thereafter to the purposes of
forestry, water conservation, flood control, parks, game refuges, controlled
game management areas, public shooting grounds, or other public recreational or
conservation uses, and managed, controlled, and regulated for such purposes
under the jurisdiction of the commissioner of natural resources and the
divisions of the department.
(c) All
proceeds derived from the sale of timber, lease of crops of hay, or other
revenue from lands under the jurisdiction of the commissioner of natural resources
shall be credited to the general fund of the state.
In case (d) If the commissioner of natural
resources shall determine determines that any tract of land so
held acquired by the state under paragraph (b) and situated
within or adjacent to the boundaries of any governmental subdivision of the
state is suitable for use by such the subdivision for any
authorized public purpose, the commissioner may convey such the
tract by deed in the name of the state to such the subdivision
upon the filing with the commissioner of a resolution adopted by a majority
vote of all the members of the governing body thereof, stating the purpose for
which the land is desired. The deed of
conveyance shall be upon a form approved by the attorney general and must be
conditioned upon continued use for the purpose stated in the
resolution. All proceeds derived from
the sale of timber, lease of hay stumpage, or other revenue from such lands
under the jurisdiction of the natural resources commissioner shall be paid into
the general fund of the state.
(e) The county auditor, with the
approval of the county board, may lease conservation lands remaining under the jurisdiction
supervision of the county board and sell timber and hay stumpage thereon in
the manner hereinafter provided, and all proceeds derived therefrom shall be
distributed in the same manner as provided in section 282.04.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 9. Minnesota Statutes 2008, section 282.01,
subdivision 3, is amended to read:
Subd. 3. Nonconservation
lands; appraisal and sale. (a) All
parcels of land classified as nonconservation, except those which may be
reserved, shall be sold as provided, if it is determined, by the county board
of the county in which the parcels lie, that it is advisable to do so, having
in mind their accessibility, their proximity to existing public improvements,
and the effect of their sale and occupancy on the public burdens. Any parcels of land proposed to be sold shall
be first appraised by the county board of the county in which the parcels
lie. The parcels may be reappraised
whenever the county board deems it necessary to carry out the intent of
sections 282.01 to 282.13.
(b)
(c) In any county in which a state forest
or any part of it is located, the county auditor shall submit to the
commissioner at least 60 days before the first publication of the list of lands
to be offered for sale a list of all lands included on the list which are
situated outside of any incorporated municipality. If, at any time before the opening of the
sale, the commissioner notifies the county auditor in writing that there is
standing timber on any parcel of such land, the parcel shall not be sold
unless the requirements of this section respecting the separate appraisal of
the timber and the approval of the appraisal by the commissioner have been
complied with. The commissioner may
waive the requirement of the 60-day notice as to any parcel of land which has
been examined and the timber value approved as required by this section.
(d) If any public improvement is made by
a municipality after any parcel of land has been forfeited to the state for the
nonpayment of taxes, and the improvement is assessed in whole or in part
against the property benefited by it, the clerk of the municipality shall
certify to the county auditor, immediately upon the determination of the
assessments for the improvement, the total amount that would have been assessed
against the parcel of land if it had been subject to assessment; or if the
public improvement is made, petitioned for, ordered in or assessed, whether the
improvement is completed in whole or in part, at any time between the appraisal
and the sale of the parcel of land, the cost of the improvement shall be
included as a separate item and added to the appraised value of the parcel of
land at the time it is sold. No sale of
a parcel of land shall discharge or free the parcel of land from lien for the
special benefit conferred upon it by reason of the public improvement until the
cost of it, including penalties, if any, is paid. The county board shall determine the amount,
if any, by which the value of the parcel was enhanced by the improvement and
include the amount as a separate item in fixing the appraised value for the
purpose of sale. In classifying,
appraising, and selling the lands, the county board may designate the tracts as
assessed and acquired, or may by resolution provide for the subdivision of the
tracts into smaller units or for the grouping of several tracts into one tract
when the subdivision or grouping is deemed advantageous for the purpose of
sale. Each such smaller tract or larger
tract must be classified and appraised as such before being offered for
sale. If any such lands have once been
classified, the board of county commissioners, in its discretion, may, by
resolution, authorize the sale of the smaller tract or larger tract without
reclassification.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 10. Minnesota Statutes 2008, section 282.01,
subdivision 4, is amended to read:
Subd. 4. Sale: method, requirements, effects. The sale authorized under subdivision 3 must
be conducted by the county auditor at the county seat of the county in which
the parcels lie, except that in St. Louis and Koochiching Counties, the sale
may be conducted in any county facility within the county. The sale must not be for less than the
appraised value except as provided in subdivision 7a. The parcels must be sold for cash only auction for more than the
appraised value, the amount bid in excess of the appraised value must be
allocated between the land and the timber in proportion to their respective
appraised values. In that case, standing
timber or timber products must not be removed from the land until the amount of
the excess bid allocated to timber or timber products has been paid in addition
to the appraised value of the land. The
purchaser is entitled to immediate possession, subject to the provisions of any
existing valid lease made in behalf of the state.and
at not less than the appraised value, unless the county board of the county
has adopted a resolution providing for their sale on terms, in which event the
resolution controls with respect to the sale.
When the sale is made on terms other than for cash only (1) a payment of
at least ten percent of the purchase price must be made at the time of
purchase, and the balance must be paid in no more than ten equal annual
installments, or (2) the payments must be made in accordance with county board
policy, but in no event may the board require more than 12 installments
annually, and the contract term must not be for more than ten years. Standing timber or timber products must not
be removed from these lands until an amount equal to the appraised value of all
standing timber or timber products on the lands at the time of purchase has
been paid by the purchaser. If a parcel
of land bearing standing timber or timber products is sold at public
For sales
occurring on or after July 1, 1982, the unpaid balance of the purchase price is
subject to interest at the rate determined pursuant to section 549.09. The unpaid balance of the purchase price for
sales occurring after December 31, 1990, is subject to interest at the rate
determined in section 279.03, subdivision 1a.
The interest rate is subject to change each year on the unpaid balance
in the manner provided for rate changes in section 549.09 or 279.03,
subdivision 1a, whichever, is applicable.
Interest on the unpaid contract balance on sales occurring before July
1, 1982, is payable at the rate applicable to the sale at the time that the
sale occurred.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 282.01,
subdivision 7, is amended to read:
Subd. 7. County
sales; notice, purchase price, disposition.
The sale must commence at the time determined by the county board of the
county in which the parcels are located.
The county auditor shall offer the parcels of land in order in which
they appear in the notice of sale, and shall sell them to the highest bidder, but
not for a sum less than the appraised value, until all of the parcels of land
have been offered. Then the county
auditor shall sell any remaining parcels to anyone offering to pay the
appraised value, except that if the person could have repurchased a parcel of
property under section 282.012 or 282.241, that person may not purchase that
same parcel of property at the sale under this subdivision for a purchase price
less than the sum of all taxes, assessments, penalties, interest, and costs due
at the time of forfeiture computed under section 282.251, and any special
assessments for improvements certified as of the date of sale. The sale must continue until all the parcels
are sold or until the county board orders a reappraisal or withdraws any or all
of the parcels from sale. The list of
lands may be added to and the added lands may be sold at any time by publishing
the descriptions and appraised values.
The added lands must be: (1)
parcels of land that have become forfeited and classified as nonconservation
since the commencement of any prior sale; (2) parcels classified as
nonconservation that have been reappraised; (3) parcels that have been
reclassified as nonconservation; or (4) other parcels that are subject to sale
but were omitted from the existing list for any reason. The descriptions and appraised values must be
published in the same manner as provided for the publication of the original
list. Parcels added to the list must
first be offered for sale to the highest bidder before they are sold at
appraised value. All parcels of land not
offered for immediate sale, as well as parcels that are offered and not
immediately sold, continue to be held in trust by the state for the taxing
districts interested in each of the parcels, under the supervision of the
county board. Those parcels may be used
for public purposes until sold, as directed by the county board.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 12. Minnesota Statutes 2008, section 282.01,
subdivision 7a, is amended to read:
Subd. 7a. City
sales; alternate procedures. Land
located in a home rule charter or statutory city, or in a town which cannot be
improved because of noncompliance with local ordinances regarding minimum area,
shape, frontage or access may be sold by the county auditor pursuant to this
subdivision if the auditor determines that a nonpublic sale will encourage the
approval of sale of the land by the city or town and promote its return to the
tax rolls. If the physical
characteristics of the land indicate that its highest and best use will be
achieved by combining it with an adjoining parcel and the city or town has not
adopted a local ordinance governing minimum area, shape, frontage, or access,
the land may also be sold pursuant to this subdivision. If the property consists of an undivided
interest in land or land and improvements, the property may also be sold to the
other owners under this subdivision. The
sale of land pursuant to this subdivision shall be subject to any conditions
imposed by the county board pursuant to section 282.03. The governing body of the city or town may
recommend to the county board conditions to be imposed on the sale. The county auditor may restrict the sale to
owners of lands adjoining the land to be sold.
The county auditor shall conduct the sale by sealed bid or may select
another means of sale. The land shall be
sold to the highest bidder but in no event shall the land and may
be sold for less than its appraised value.
All owners of land adjoining the land to be sold shall be given a
written notice at least 30 days prior to the sale.
This subdivision
shall be liberally construed to encourage the sale and utilization of
tax-forfeited land, to eliminate nuisances and dangerous conditions and to
increase compliance with land use ordinances.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 13. Minnesota Statutes 2008, section 282.01, is
amended by adding a subdivision to read:
Subd. 12.
Notice; public hearing for use
change. If a governmental subdivision
that acquired a parcel for public use under this section later determines to
change the use, it must hold a public hearing on the proposed use change. The governmental subdivision must mail
written notice of the proposed use change and the public hearing to each owner
of property that is within 400 feet of the parcel at least ten days and no more
than 60 days before it holds the hearing.
The notice must identify: (1) the
parcel, (2) its current use, (3) the proposed use, (4) the date, time, and
place of the public hearing, and (5) where to submit written comments on the
proposal and that the public is invited to testify at the public hearing.
EFFECTIVE DATE.
This section is effective July 1, 2010, and applies to a change in
use of a parcel acquired under Minnesota Statutes, section 282.01, whether
acquired by the governmental subdivision before or after the effective date of
this section.
Sec. 14. REPEALER.
Minnesota
Statutes 2008, sections 282.01, subdivisions 9, 10, and 11; and 383A.76, are
repealed.
EFFECTIVE DATE.
This section is effective July 1, 2010."
Delete the title
and insert:
"A bill for
an act relating to real property; modifying procedures relating to uses and
conveyances of taxforfeited property; amending Minnesota Statutes 2008,
section 282.01, subdivisions 1, 1a, 1b, 1c, 1d, 2, 3, 4, 7, 7a, by adding
subdivisions; repealing Minnesota Statutes 2008, sections 282.01, subdivisions
9, 10, 11; 383A.76."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Civil Justice.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 1396,
A bill for an act relating to domestic abuse; authorizing courts to include
pets and companion animals in protective orders; amending Minnesota Statutes
2008, section 518B.01, subdivisions 6, 7.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Public Safety Policy and Oversight.
The
report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 1503,
A bill for an act relating to health occupations; providing registration for massage
therapists; amending Minnesota Statutes 2008, section 116J.70, subdivision 2a;
proposing coding for new law in Minnesota Statutes, chapters 148; 325F;
repealing Minnesota Rules, part 2500.5000.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE 1
MASSAGE THERAPY
REGISTRATION
Section 1. [148.981]
CITATION.
Sections
148.981 to 148.9886 may be cited as the "Minnesota Massage Therapy
Act."
Sec. 2. [148.982]
DEFINITIONS.
Subdivision
1. Applicability. The definitions in this section apply to
this chapter.
Subd. 2.
Advertise. "Advertise" means to publish,
display, or disseminate information, and includes, but is not limited to, the
issuance of any card, sign, direct mail, Internet posting or the causing or
permitting in one's name for any sign or marking on or in a building, vehicle,
or structure or in a newspaper, magazine, any listing in any directory under a
classification or heading that includes the words "massage," "massage
therapist," "therapeutic massage," or "massage
therapeutic," or commercials broadcast by any means.
Subd. 3.
Advisory council. "Advisory council" means the
Registered Massage Therapist Advisory Council established under section
148.9861.
Subd. 4.
Applicant. "Applicant" means an individual
applying for massage therapy registration or registration renewal.
Subd. 5.
Approved continuing education
program. "Approved
continuing education program" means a continuing education program that
meets the continuing education requirements in section 148.9881 and is approved
by the board.
Subd. 6.
Approved massage therapy
program. "Approved
massage therapy program" means a university, college, or other
postsecondary education program leading to eligibility for state registration
in massage therapy that meets the requirements of section 148.988.
Subd. 7.
Board. "Board" means the Minnesota
Board of Nursing.
Subd. 8.
Client. "Client" means a recipient of
massage therapy services.
Subd. 9.
Contact hour. "Contact hour" means an
instructional session of at least 50 consecutive minutes, excluding coffee
breaks, registration, meals without a speaker, and social activities.
Subd. 10.
Credential. "Credential" means a license,
registration, or certification.
Subd. 11.
Subd. 12.
Health care provider. "Health care provider" means a
person who is credentialed to practice the following: medicine as defined in section 147.081,
chiropractic as defined in section 148.01, podiatry as defined in section
153.01, dentistry as defined in section 150A.05, physical therapy as defined in
section 148.65, advanced practice nursing as defined in section 148.171, or
other state-credentialed providers.
Subd. 13.
Massage or massage therapy. "Massage" or "massage
therapy" means a health care service involving systematic and structured
touch and palpation, pressure and movement of the muscles, tendons, ligaments,
and fascia, in order to reduce muscle tension, relieve soft tissue pain,
improve circulation, increase flexibility, increase activity of the
parasympathetic branch of the autonomic nervous system, or to promote general
wellness, by use of the techniques and applications described in section
148.983.
Subd. 14.
Massage therapist. "Massage therapist" means a
health care professional registered under this chapter for the practice of
massage therapy.
Subd. 15.
Municipality. "Municipality" means a county,
town, city, or other municipal corporation or political subdivision of this
state.
Subd. 16.
Physical agent modality. "Physical agent modality" means
modalities that use the properties of light, water, temperature, sound, and
electricity to produce a response in soft tissue.
Subd. 17.
Practice of massage therapy. "Practice of massage therapy"
means to engage professionally for compensation or as a volunteer in massage
therapy or the instruction of professional technique coursework.
Subd. 18.
Professional organization. "Professional organization"
means an organization that represents massage therapists, was established
before the year 2000, offers professional liability insurance as a benefit of
membership, has an established code of professional ethics, and is
board-approved.
Subd. 19.
State. "State" means any state in the
United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, Guam, Canadian province, or foreign country, except "this
state" means the state of Minnesota.
Sec. 3. [148.983]
MASSAGE THERAPY.
(a) The
practice of massage therapy by a registered massage therapist includes the
following:
(1) use of
any or all of the following techniques using the hands, forearms, or elbows or
handheld mechanical or electrical devices that mimic or enhance the actions of
the human hands: effleurage or gliding;
petrissage or kneading; vibration and jostling; friction; tapotement or
percussion; compression; fascial manipulation; passive stretching within the
normal anatomical range of motion; and
(2)
application and use of any of the following: oils, lotions, gels, rubbing alcohol, or
powders for the purpose of lubricating skin to be massaged; essential oils, or
creams, with the exception of prescription-requiring medicinal creams; hot or
cold stones; salt glows and wraps; and ice.
(b) The
practice of massage therapy does not include any of the following:
(i)
diagnosing any illness or disease; or
(ii) changing recommendations
of a state-credentialed health care provider without consulting that health
care provider prior to altering a course of recommended massage therapy;
(2)
prescription of drugs or medicines;
(3)
intentional adjusting, manipulating, or mobilizing any articulations of the
body or spine, including by means of a high velocity, low amplitude thrusting
force or as described in section 146.23 or 148.01; or
(4)
application of physical agent modalities or injection therapy.
Sec. 4. [148.984]
LIMITATIONS ON PRACTICE; REFERRALS.
If a medical
condition is beyond the scope of practice established by this chapter or by
rules of the board for a registered massage therapist, the massage therapist
must refer the client to a health care provider as defined in this chapter.
Sec. 5. [148.985]
PROTECTED TITLES AND RESTRICTIONS ON USE.
Subdivision
1. Designation. An individual regulated by this chapter is
designated as a "registered massage therapist" or "RMT."
Subd. 2.
Title protection. No individual may use the title
"registered massage therapist," or use, in connection with the
individual's name, the letters "RMT," or any other titles, words,
letters, abbreviations, or insignia indicating or implying that the individual
is registered or eligible for registration by this state as a registered
massage therapist unless the individual has been registered as a massage
therapist according to this chapter.
Subd. 3.
Identification of practitioners. (a) A massage therapist registered in
Minnesota shall be identified as a "registered massage therapist." If
not written in full, this must be designated as RMT. A student attending a massage therapy training
program and providing massage therapy services to the public as part of the
student's training must be identified as a "Student Massage
Therapist." This abbreviated designation is "Student MT."
(b) The
board may adopt rules for the implementation of this section, including the
identification of terms or references that may be used only by registered
massage therapists as necessary to protect the public.
(c) A
practitioner who is credentialed by another state, or who holds certification
from organizations, agencies, or educational providers is not prohibited from
using those terms, letters, or any figures, signs, or insignia to indicate that
credential in advertising, provided the state and the credentialing body are
clearly identified in the advertisement.
(d) A
practitioner who is licensed in another state may advertise as being a licensed
practitioner provided the state and the licensing agency are clearly identified
in the advertisement.
Subd. 4.
Other health care providers. Nothing in this chapter may be construed
to prohibit, nor restrict the practice of, nor require massage therapy
registration of any of the following:
(1) a person
holding a credential granted by this state, who utilizes massage therapy
techniques within the scope of that credential, provided the practitioner does
not imply that they are registered under this chapter; or
(2) the
natural health procedures, practices, and treatments in section 146A.01,
subdivision 4, provided that those services are not advertised, designated, or
implied to be from a registered massage therapist or other terms or
abbreviations protected under this chapter.
Sec. 6. [148.986]
POWERS OF BOARD.
The board,
acting with the advice of the Registered Massage Therapist Advisory Council,
shall issue registrations to duly qualified applicants and shall exercise the
following powers and duties:
(1) adopt
rules necessary to effect the provisions of sections 148.982 to 148.9886;
(2) conduct
a competency exam that an applicant may use as the basis for establishing
competence to be registered under section 148.987;
(3) cause
the prosecution of all registrants or applicants for violating sections 148.982
to 148.9886 and have power to incur any associated expense;
(4) impose
discipline as described in section 148.9884;
(5) maintain
a record of names and addresses of massage therapists registered by this
chapter;
(6) keep a
permanent record of all its proceedings; and
(7) employ
and establish the duties of personnel necessary to carry on its work.
Sec. 7. [148.9861]
REGISTERED MASSAGE THERAPIST ADVISORY COUNCIL.
Subdivision
1. Creation;
membership. (a) The
Registered Massage Therapist Advisory Council is created and is composed of
seven members appointed by the board.
All members must have been residents of this state for at least three
years prior to appointment. The advisory
council consists of:
(1) three
public members, as defined in section 214.02; and
(2) four
members who, except for initial appointees, are registered massage therapists.
(b) Initial
appointees shall possess the qualifications necessary to become registered
massage therapists and must do so as soon as applications for registration are
available. A person may not be appointed
to serve more than two consecutive full terms.
Subd. 2.
Administration. The advisory council shall be organized
and administered under section 15.059.
The council shall not expire.
Subd. 3.
Duties. The advisory council shall advise the
board regarding:
(1)
standards of practice and a code of ethics for registered massage therapists;
(2)
distribution of information regarding massage therapist standards;
(3)
enforcement of sections 148.982 to 148.9886;
(4)
applications and make recommendations of applicants for registration or
registration renewal;
(5)
complaints and recommendations regarding disciplinary matters and proceedings
according to sections 214.10, 214.103, and 214.13, subdivisions 6 and 7;
(6) competency exams and
approval of continuing education programs; and
(7) perform
other duties authorized for advisory councils under chapter 214, or as directed
by the board.
Sec. 8. [148.987]
REGISTRATION REQUIREMENTS.
Subdivision
1. Registration. To be eligible for registration under this
chapter, an applicant must:
(1) pay fees
under section 148.9886;
(2) submit
to procedures specified by the board for obtaining a criminal background
check. The applicant shall pay fees
associated with obtaining the criminal background check. The background check shall include records of
the Minnesota Bureau of Criminal Apprehension and the Federal Bureau of
Investigation and the results shall be forwarded directly to the board; and
(3) file a
written application on a form provided by the board that includes:
(i) the
applicant's name, Social Security number, home address and telephone number,
business address and telephone number, and business setting;
(ii) provide
proof, as required by the board, of:
(A) having
obtained a high school diploma or its equivalent;
(B) being 18
years of age or older;
(C) current
cardiopulmonary resuscitation and first aid certification; and
(D) current
professional liability insurance coverage, with a minimum of $1,000,000 of
coverage per occurrence;
(iii) unless
registered under subdivision 3 or 4, evidence satisfactory to the board of the
successful completion of an approved education program;
(iv) unless
registered under subdivision 3 or 4, evidence satisfactory to the board of
having passed a board-approved competency exam;
(v) a
description of any continuing education programming in which the applicant
claims or advertises competence;
(vi) a list
of credentials or memberships held in other states or from private
credentialing or professional organizations;
(vii) a
description of any other state or municipality's refusal to credential the
applicant;
(viii) a
description of all professional disciplinary actions initiated against the
applicant in any jurisdiction;
(ix) any
history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(x)
additional information as requested by the board;
(xi) the applicant's signature
on a statement that the information in the application is true and correct to
the best of the applicant's knowledge; and
(xii) the
applicant's signature on a waiver authorizing the board to obtain access to the
applicant's records in this state or any other state in which the applicant has
completed an education program approved by the board or engaged in the practice
of massage therapy.
Subd. 2.
Registration prohibited. The board may deny an application for
registration if the applicant:
(1) has been
convicted in this state of any of the following crimes, or in another state of
equivalent crimes:
(i)
prostitution as defined under section 609.321, 609.324, and 609.3242;
(ii) sexual
attack as defined under section 611A.21;
(iii)
criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
(iv) is a
registered sex offender under section 243.166;
(2) has had
the ability to practice the natural health procedures, practices, and
treatments in chapter 146A revoked, suspended, or limited with conditions under
the provisions of chapter 146A, if the board determines the denial is necessary
to protect the public; or
(3) is
charged or under investigation for complaints that would constitute a violation
of the laws or rules established for the practice of massage therapy in this or
any other state, the applicant shall not be registered until the complaints
have been resolved in the applicant's favor.
If a complaint is resolved in favor of the complainant, the application
for registration may be denied.
Subd. 3.
Registration by endorsement. (a) To be eligible for registration by
endorsement, the applicant shall:
(1) meet the
requirements for registration in subdivision 1, clauses (1), (2), and (3), items
(i), (ii), and (v) to (xii); and
(2) provide
proof of a current and unrestricted credential for the practice of massage
therapy in another state that has credentialing requirements at least
equivalent to the requirements under this chapter. Proof shall include records as required by
rules of the board.
(b) In the
event that a disciplinary proceeding or unresolved complaint is pending for a
complaint regarding an action of the applicant that would constitute a
violation of sections 148.982 to 148.9886, or rules adopted by the board, the
applicant shall not be registered in this state until the proceeding or
complaint has been resolved in the applicant's favor. If a complaint is resolved in favor of the
complainant, the application for licensure may be denied.
(c)
Registrations issued by endorsement shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.
(d) An
applicant for registration by endorsement may apply to the board for a
temporary permit under subdivision 5.
Subd. 4.
Registration by
grandfathering. (a) To be
eligible for registration by grandfathering, the applicant shall:
(1) meet the
requirements for registration in subdivision 1, clauses (1), (2), and (3),
items (i), (ii), and (v) to (xii) and
(2) provide proof specified by
the board demonstrating the applicant has met at least one of the following
qualifications:
(i)
successful completion of at least 500 hours of supervised classroom and
hands-on instruction relating to massage therapy which may be established by an
official transcript, certificate of completion, or other record as approved by
the board;
(ii)
successful completion of one of the board-approved competency exams which shall
be established by submitting records as required by the board;
(iii)
employment for at least the previous two years prior to the effective date of
sections 148.981 to 148.9886 in the practice of massage therapy which shall be
established by Internal Revenue Service income tax return forms, business
records, or other records as approved by the board; or
(iv) active
membership in a professional organization for at least two years prior to the
effective date of sections 148.981 to 148.9886 which shall be established by a
letter verifying the applicant's initial membership date and current standing
sent directly to the board from the professional organization, or other records
as approved by the board.
(b)
Registrations issued by grandfathering shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.
(c)
Registration by grandfathering is effective for one year after the first date
the board has made applications available.
(d) An
applicant for registration by grandfathering may apply to the board for a
temporary permit under subdivision 5.
Subd. 5.
Temporary permit. The board may issue a temporary permit to
practice as a registered massage therapist to an applicant eligible for
registration under this section if the application for registration is
complete, all applicable requirements in this section have been met, and the
fee required in section 148.9886 has been paid.
The temporary permit is valid until the board makes a decision on the
massage therapist's application for registration.
Sec. 9. [148.9871]
EXPIRATION AND RENEWAL.
Subdivision
1. Registration
expiration. Registrations
issued under section 148.987 expire annually.
Subd. 2.
Renewal. To be eligible for registration renewal a
registrant must:
(1)
annually, or as determined by the board, complete a renewal application on a
form provided by the board;
(2) submit
the renewal fee;
(3) provide
evidence every two years of a total of 12 contact hours of approved continuing
education in section 148.9881; and
(4) submit
any additional information requested by the board to clarify information
presented in the renewal application.
The information must be submitted within 30 days after the board's
request, or the renewal request is nullified.
Subd. 3.
Subd. 4.
Registration renewal notice. At least 60 days before the registration
renewal date, the board shall send out a renewal notice to the last known
address of the registrant on file. The
notice must include a renewal application and a notice of fees required for
renewal. The notice must inform the
registrant that registration will expire without further action by the board if
an application for registration renewal is not received before the deadline for
renewal. The registrant's failure to
receive this notice shall not relieve the registrant of the obligation to meet
the deadline and other requirements for registration renewal. Failure to receive this notice is not grounds
for challenging expiration of registered status.
Subd. 5.
Renewal deadline. The renewal application and fee must be
postmarked on or before October 1 of the year of renewal or as determined by
the board. If the postmark is illegible,
the application shall be considered timely if received by the third working day
after the deadline.
Subd. 6.
Inactive status and return to
active status. (a) A
registration may be placed in inactive status upon application to the board by
the registrant and upon payment of an inactive status fee.
(b) A
registrant seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. The registrant must meet the criteria for
renewal specified in subdivision 7, including continuing education hours
equivalent to one hour for each month of inactive status, prior to submitting
an application to regain registered status.
If the inactive status extends beyond five years, a qualifying score on
a competency exam is required.
Subd. 7.
Registration following lapse
of registration status for two years or less. For an individual whose registration
status has lapsed for two years or less, to regain registration status, the
individual must:
(1) apply
for registration renewal according to subdivision 2;
(2) document
compliance with the continuing education requirements in section 148.9881 since
the registrant's initial registration or last renewal; and
(3) submit
the fees required in section 148.9886 for the period not registered, including
the fee for late renewal.
Subd. 8.
Cancellation due to
nonrenewal. The board shall
not renew, reissue, reinstate, or restore a registration that has lapsed and
has not been renewed within two years. A
registrant whose registration is canceled for nonrenewal must obtain a new
registration by applying for registration and fulfilling all requirements then
in existence for initial registration as a massage therapist.
Subd. 9.
Cancellation of registration
in good standing. (a) A
registrant holding active registration as a massage therapist in this state
may, upon approval of the board, be granted registration cancellation if the
board is not investigating the person as a result of a complaint or information
received or if the board has not begun disciplinary proceedings against the
registrant. This action by the board
shall be reported as a cancellation of registration in good standing.
(b) A
registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration period
in which cancellation of the registration occurred.
(c) To
obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then
in existence for obtaining initial registration as a massage therapist.
Sec. 10. [148.988]
MASSAGE THERAPY PROGRAM.
Subdivision
1. Initial
approval. An institution
desiring to conduct a massage therapy program from which graduates will be
eligible for registration under section 148.987 shall apply to the board, pay
fees under section 148.9886, and submit evidence that the institution is:
(1) teaching
or prepared to teach a program of at least 500 contact hours of combined
massage therapy theory and practice training;
(2) licensed
by the Minnesota Office of Higher Education or equivalent agency in another
state;
(3)
accredited by an agency recognized by the United States Secretary of Education
for accrediting such programs or institutions:
(i) schools
without accreditation must meet the requirements of clauses (1) and (2), must
be in the accreditation application process, and must gain accreditation within
two years of the effective date of sections 148.981 to 148.9886 or within two
years of commencing operations as a massage therapy program, whichever is
later; and
(ii) an
applicant for registration who graduates from a program prior to the program
becoming accredited must pass an approved competency exam; and
(4) prepared
to meet other standards established by law and by the board.
Subd. 2.
Continuing approval. An approved program shall annually make
application to continue approval based on the conditions of subdivision 1.
Subd. 3.
Loss of approval. If the board determines that an approved
massage therapy program is not maintaining the standards required by applicable
law and rules, notice in writing specifying the defect shall be given to the
program. If a program fails to correct
these conditions to the satisfaction of the board within a reasonable time set
in the notice of defect, approval of the program may be revoked and the program
shall be removed from the list of approved massage therapy programs.
Subd. 4.
Reinstatement of approval. The board may reinstate approval of a
massage therapy program upon submission of satisfactory evidence that its
program of theory and practice, state licensure, and accreditation meets the
standards required by law and rules then in effect.
Sec. 11. [148.9881]
CONTINUING EDUCATION.
Subdivision
1. Number
of required contact hours. A
registered massage therapist shall complete during every two-year period at
least the equivalent of 12 contact hours of continuing education in programs
approved by the board.
Subd. 2.
Approved programs. The board may approve continuing education
programs that have been taught, sponsored, or approved by:
(1) an
approved credentialing or professional organization;
(2) state
licensed health care facility;
(3) an
accredited college or university; or
(4) a
board-approved school.
Subd. 3.
(1) the
program content directly relates to the practice of massage therapy;
(2) each
member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable
experience in the field of massage therapy, special training in the subject
matter, or experience teaching in the subject area;
(3) the
program lasts at least 50 minutes per contact hour;
(4) there are
specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and
(5) the
program sponsor has a mechanism to verify participation and maintains
attendance records for three years.
Subd. 4.
Accumulation of contact hours. A registrant may not apply contact hours
acquired in one two-year reporting period to a future continuing education
reporting period.
Subd. 5.
Verification of continuing
education. The board shall
periodically select a random sample of registrants and require those
registrants to supply the board with evidence of having completed the
continuing education to which they attested.
Subd. 6.
Continuing education topics. Continuing education program topics may
include, but are not limited to, techniques, modalities, and theory directly
relating to the practice of massage therapy, business practices, pathology,
prevention of spreading disease and medical errors, treatment
contraindications, anatomy and physiology, areas of professional ethics,
research literacy, or other coursework as approved by the board.
Subd. 7.
Continuing education
exemptions. The board may
exempt any person holding a registration under section 148.987 from some or all
of the requirements of subdivision 1 upon application showing evidence
satisfactory to the board of inability to comply with the requirements because
of physical or mental condition or because of other unusual or extenuating
circumstances. No person may be exempted
from the requirements of subdivision 1 more than once in any five-year period.
Sec. 12. [148.9882]
BOARD ACTION ON APPLICATIONS.
(a) The board
shall act on each application for registration according to paragraphs (b) to
(d).
(b) The board
or advisory council shall determine if the applicant meets the requirements for
registration or renewal under sections 148.987 and 148.9871. The board or advisory council may investigate
information provided by an applicant to determine whether the information is
accurate and complete, including requesting additional information or
documentation.
(c) The board
shall notify each applicant in writing of action taken on the application, the
grounds for denying registration if registration is denied, and the applicant's
right to review under paragraph (d).
(d) An
applicant denied registration may make a written request to the board, within
30 days of the board's notice, to appear before the advisory council and for
the advisory council to review the board's decision to deny the applicant's
registration. After reviewing the
denial, the advisory council shall make a recommendation to the board as to
whether the denial shall be affirmed. An
applicant is allowed only one request for review per registration period.
Sec. 13. [148.9883]
GROUNDS FOR DISCIPLINARY ACTION; MALTREATMENT OF MINORS.
Subdivision
1. Grounds
listed. The board may deny,
revoke, suspend, limit, or condition the registration of a massage therapist
registered or applying for registration as a massage therapist or may otherwise
discipline a registrant as described in section 148.9884. The fact that massage therapy may be a less
customary approach to health care shall not constitute the basis for
disciplinary action per se. The following
are grounds for disciplinary action:
(1) failure
to demonstrate the qualifications or satisfy the requirements for registration
as a massage therapist contained in sections 148.982 to 148.9886, or rules of
the board. A person applying for
registration has the burden of demonstrating the required qualifications or
satisfy the requirements;
(2) engaging
in false, fraudulent, deceptive, or misleading advertising, including, but not
limited to:
(i)
advertising, representing, or presenting as a "Registered Massage
Therapist" or any abbreviation or derivative of this to indicate this
title, when the registration is not valid or current for any reason;
(ii) advertising,
representing, or presenting as a "Licensed Massage Therapist" or any
abbreviation or derivative of this to indicate this title, unless the
practitioner currently holds a valid state license in another state and clearly
indicates what state the credential is held in;
(iii)
advertising to offer a service that would constitute a violation of sections
148.981 to 148.9886 or rules adopted by the board shall be considered grounds
for discipline, regardless of whether actual injury to a client is established;
and
(iv) using
fraud, deceit, or misrepresentation when communicating with the general public,
health care providers, or other business professionals;
(3)
falsified information in a massage therapy registration or renewal application
or attempting to obtain registration, registration renewal, or reinstatement by
fraud, deception, or misrepresentation, or aided and abetted any of these acts;
(4) engaging
in conduct with a client that is sexual or may reasonably be interpreted by the
client as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a client, or engaging in sexual exploitation of a client, without
regard to who initiates the behaviors;
(5) failure
to refer a client to a general health care provider when the services required
by the client are beyond the level of competence of the massage therapist or
beyond the scope of practice of massage therapy in section 148.983;
(6)
committing an act of gross malpractice, negligence, or incompetency, or failing
to practice massage therapy with the level of care, skill, and treatment that
is recognized by a reasonably prudent massage therapist as being acceptable
under similar conditions and circumstances, regardless of whether actual injury
to the client occurs;
(7) actual
or potential inability to practice massage therapy with reasonable skill and
safety to clients by reason of illness, as a result of any mental or physical
condition, or use of alcohol, drugs, chemicals, or any other material,
regardless of whether actual injury to the client occurs;
(8) being
adjudicated as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent
jurisdiction, within or without this state may be considered as evidence of the
inability to practice massage therapy;
(9) being the subject of
disciplinary action as a massage therapist by another state or jurisdiction and
the board or advisory council determines that the cause of the disciplinary
action would be a violation under this state's laws or rules if the violation
occurred in this state;
(10) failure
to notify the board of having had a credential revoked, suspended, or any other
disciplinary action taken including restrictions on the right to practice, or
an application for credential refused, revoked, suspended, or otherwise
disciplined by authorities of another state, territory, or country; or
surrendered or voluntarily terminated a credential during a board investigation
of a complaint, as part of a disciplinary order, or while under a
disciplinary order;
(11) being
convicted of or pled guilty or nolo contendere to a felony or other crime, an
element of which is dishonesty or fraud, or proven to have engaged in acts or
practice showing that the applicant or registrant is incompetent or has engaged
in conduct reflecting adversely on the applicant's or registrant's ability or
fitness to engage in the practice of massage therapy;
(12)
practicing or offering to practice beyond the scope of the practice of massage
therapy;
(13)
improperly managing client records and information including, but not limited
to, failure to maintain adequate client records, comply with a client's request
made under sections 144.291 to 144.298, furnish a client record or report
required by law;
(14)
revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;
(15)
providing massage therapy services that are in any way linked to the financial
gain of a referral source;
(16)
obtaining money, property, or services from a client, other than reasonable
fees for services provided to the client, through the use of undue influence,
harassment, duress, deception, or fraud;
(17)
engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws;
(18) failure
to consult the client's health care provider who recommended a course of
massage therapy treatment if the treatment needs to be altered from the
original written recommendations to conform with standards in the massage
therapy field or the practitioner's level of training or experience;
(19) failure
to cooperate with an investigation of the board or its representative,
including responding fully and promptly to any question raised by or on behalf
of the board relating to the subject of the investigation, executing all
releases requested by the board, providing copies of client records, requested
by the board to assist it in its investigation, and appearing at conferences or
hearings scheduled by the board or its staff;
(20)
interfering with an investigation or disciplinary proceeding, including by
willful misrepresentation of facts or by the use of threats or harassment to
prevent a person from providing evidence in a disciplinary proceeding or any
legal action;
(21)
violating a law, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;
(22) failure
to report to the board other massage therapists who commit violations of this
chapter; or
(23) failure to notify the
board, in writing, of the entry of a final judgment by a court of competent
jurisdiction against the registrant for malpractice of massage therapy or any
settlement by the registrant in response to charges or allegations of
malpractice of massage therapy.
The notice
in clause (23) must be provided to the board within 60 days after the entry of
the judgment or settlement and, in the case of a judgment, must contain the
name of the court, the case number, and the names of all parties to the action.
Subd. 2.
Maltreatment of minors. Nothing in sections 148.981 to 148.9886
shall restrict the ability of a local or state agency to take action regarding
the maltreatment of minors under section 609.378 or 626.556. A parent who obtains massage therapy services
for the parent's minor child is not relieved of the duty to seek necessary
medical care consistent with the requirements of sections 609.378 and
626.556. A registered massage therapist
who is providing services to a child who is not receiving necessary medical
care must make a report under section 626.556.
A registered massage therapist is a mandated reporter under section
626.556, subdivision 3.
Subd. 3.
Evidence. In disciplinary actions alleging a
violation of subdivision 1, a copy of the judgment or proceeding under the seal
of the court administrator or of the administrative agency that entered the
judgment or proceeding is admissible into evidence without further authentication
and constitutes prima facie evidence of the violation.
Subd. 4.
Examination; access to medical
data. (a) The board may take
the following actions if it has probable cause to believe that grounds for
disciplinary action exist under subdivision 1, clause (7) or (8):
(1) direct
the applicant or massage therapist to submit to a mental or physical
examination or chemical dependency evaluation.
For the purpose of this subdivision, when a massage therapist registered
under sections 148.987 to 148.9871 is directed in writing by the board to
submit to a mental or physical examination or chemical dependency evaluation,
that person is considered to have consented and to have waived all objections
to admissibility on the grounds of privilege.
Failure of the applicant or massage therapist to submit to an
examination when directed constitutes an admission of the allegations against
the applicant or massage therapist, unless the failure was due to circumstances
beyond the person's control, and the board may enter a default and final order
without taking testimony or allowing evidence to be presented. A massage therapist affected under this
paragraph shall, at reasonable intervals, be given an opportunity to
demonstrate that the competent practice of massage therapy can be resumed with
reasonable skill and safety to clients.
Neither the record of proceedings nor the order entered by the board in
a proceeding under this paragraph may be used against a massage therapist in
any other proceeding; and
(2) notwithstanding
sections 13.384, 144.651, and 595.02, or any other law limiting access to
medical or other health data, obtain medical data and health records relating
to a registered massage therapist or applicant for registration without that
person's consent. The medical data may
be requested from a provider as defined in section 144.291, subdivision 2,
paragraph (h), an insurance company, or a government agency. A provider, insurance company, or government
agency shall comply with any written request of the board under this
subdivision and is not liable in any action for damages for releasing the data
requested by the board if the data are released according to a written request
under this subdivision unless the information is false and the provider giving
the information knew, or had reason to believe, the information was false. Information obtained under this subdivision
is classified as private data on individuals as defined in section 13.02.
Sec. 14. [148.9884]
DISCIPLINE; REPORTING.
For purposes
of this chapter, registered massage therapists and applicants are subject to
sections 148.262 to 148.266.
Sec. 15. [148.9885]
EFFECT ON MUNICIPAL ORDINANCES.
Subdivision
1. License
authority. The provisions of
sections 148.981 to 148.9886 preempt the licensure and regulation of a
registered massage therapist by a municipality, including, without limitation,
conducting a criminal background investigation and examination of a massage
therapist or applicant for a municipal credential to practice massage therapy.
Subd. 2.
Business license or permit. The provisions of this chapter do not
prohibit a municipality from requiring a massage therapist to obtain a license
or permit to transact business within the jurisdiction of the municipality, if
the license or permit is required of other persons, regardless of occupation or
profession, who transact business within the jurisdiction of the
municipality. A massage therapist
working under a business license or permit must follow the requirement in section
325F.816.
Subd. 3.
Prosecuting authority. The provisions of this chapter do not
prohibit any municipality of this state from prosecuting:
(1) an
unregistered person engaged in the practice of massage therapy; or
(2) a
registered massage therapist who is engaged in unlawful conduct.
Sec. 16. [148.9886]
FEES.
Subdivision
1. Fees. Fees are as follows:
(1) initial
registration with application, $272;
(2) annual
registration renewal, $172;
(3) initial
school approval with accreditation, $300;
(4) initial
school approval without accreditation, $450;
(5) school
approval renewal, $175;
(6)
continuing education program approval, $40;
(7)
duplicate registration certificate, $30;
(8) late
fee, $40;
(9) inactive
status and inactive to active status reactivation, $100;
(10)
temporary permit, $50; and
(11)
returned check, $35.
Subd. 2.
Proration of fees. The board may prorate the initial
registration fee. All registrants are
required to pay the full fee upon registration renewal.
Subd. 3.
Penalty fee for late renewals. An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to
the required fees.
Subd. 4.
Subd. 5.
Deposit. Fees collected by the board under this
section shall be deposited into the state government special revenue fund.
Sec. 17. EFFECTIVE
DATE.
This article
is effective August 1, 2010.
ARTICLE 2
CONFORMING
AMENDMENTS
Section 1. Minnesota Statutes 2008, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. License;
exceptions. "Business
license" or "license" does not include the following:
(1) any
occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of
health pursuant to section 214.13;
(2) any license
issued by a county, home rule charter city, statutory city, township, or other
political subdivision;
(3) any license
required to practice the following occupation regulated by the following
sections:
(i) abstracters
regulated pursuant to chapter 386;
(ii)
accountants regulated pursuant to chapter 326A;
(iii) adjusters
regulated pursuant to chapter 72B;
(iv) architects
regulated pursuant to chapter 326;
(v) assessors
regulated pursuant to chapter 270;
(vi) athletic
trainers regulated pursuant to chapter 148;
(vii) attorneys
regulated pursuant to chapter 481;
(viii)
auctioneers regulated pursuant to chapter 330;
(ix) barbers
and cosmetologists regulated pursuant to chapter 154;
(x) boiler
operators regulated pursuant to chapter 183;
(xi)
chiropractors regulated pursuant to chapter 148;
(xii)
collection agencies regulated pursuant to chapter 332;
(xiii)
dentists, registered dental assistants, and dental hygienists regulated
pursuant to chapter 150A;
(xiv)
detectives regulated pursuant to chapter 326;
(xv)
electricians regulated pursuant to chapter 326;
(xvi) mortuary
science practitioners regulated pursuant to chapter 149A;
(xvii)
engineers regulated pursuant to chapter 326;
(xviii)
insurance brokers and salespersons regulated pursuant to chapter 60A;
(xix) certified
interior designers regulated pursuant to chapter 326;
(xx) midwives
regulated pursuant to chapter 147D;
(xxi) nursing
home administrators regulated pursuant to chapter 144A;
(xxii)
optometrists regulated pursuant to chapter 148;
(xxiii)
osteopathic physicians regulated pursuant to chapter 147;
(xxiv)
pharmacists regulated pursuant to chapter 151;
(xxv) physical
therapists regulated pursuant to chapter 148;
(xxvi)
physician assistants regulated pursuant to chapter 147A;
(xxvii)
physicians and surgeons regulated pursuant to chapter 147;
(xxviii)
plumbers regulated pursuant to chapter 326;
(xxix)
podiatrists regulated pursuant to chapter 153;
(xxx) practical
nurses regulated pursuant to chapter 148;
(xxxi)
professional fund-raisers regulated pursuant to chapter 309;
(xxxii)
psychologists regulated pursuant to chapter 148;
(xxxiii) real
estate brokers, salespersons, and others regulated pursuant to chapters 82 and
83;
(xxxiv)
registered nurses regulated pursuant to chapter 148;
(xxxv)
securities brokers, dealers, agents, and investment advisers regulated pursuant
to chapter 80A;
(xxxvi) steamfitters
regulated pursuant to chapter 326;
(xxxvii)
teachers and supervisory and support personnel regulated pursuant to chapter
125;
(xxxviii)
veterinarians regulated pursuant to chapter 156;
(xxxix) water
conditioning contractors and installers regulated pursuant to chapter 326;
(xl) water well
contractors regulated pursuant to chapter 103I;
(xli) water and waste treatment
operators regulated pursuant to chapter 115;
(xlii) motor
carriers regulated pursuant to chapter 221;
(xliii)
professional firms regulated under chapter 319B;
(xliv) real
estate appraisers regulated pursuant to chapter 82B;
(xlv)
residential building contractors, residential remodelers, residential roofers,
manufactured home installers, and specialty contractors regulated pursuant to
chapter 326;
(xlvi) licensed
professional counselors regulated pursuant to chapter 148B; or
(xlvii)
registered massage therapists regulated pursuant to chapter 148;
(4) any driver's
license required pursuant to chapter 171;
(5) any aircraft
license required pursuant to chapter 360;
(6) any
watercraft license required pursuant to chapter 86B;
(7) any license,
permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or
use of or interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality; and
(8) any
pollution control rule or standard established by the Pollution Control Agency
or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.
Sec. 2. [325F.816]
MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.
An individual
who is issued a municipal or city business license to practice massage is
prohibited from advertising as a licensed massage therapist unless the
individual has received a professional credential from another state; is
current in licensure; and remains in good standing under the credentialing
state's requirements.
Sec. 3. REPEALER.
Minnesota
Rules, part 2500.5000, is repealed."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on State and Local Government Operations Reform, Technology and
Elections.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 1847,
A bill for an act relating to insurance; requiring health plans to establish
equal out-of-pocket requirements for oral chemotherapy medications and
intravenously administered chemotherapy medications; proposing coding for new
law in Minnesota Statutes, chapter 62A.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Thissen from the Committee on
Health Care and Human Services Policy and Oversight to which was referred:
H. F. No. 2002,
A bill for an act relating to human services; direction to commissioner
regarding billing and collections for general assistance medical care, medical
assistance, and MinnesotaCare.
Reported the
same back with the following amendments:
Page 1, line
12, delete "2010" and insert "2011"
Page 1, line
13, delete "2009" and insert "2010"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mariani from
the Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 2106,
A bill for an act relating to education; establishing a five-year pilot program
allowing alternative learning centers and charter schools to identify systemic
improvement measures to best serve eligible students; appropriating money.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 120B.35, subdivision 3, is amended to read:
Subd. 3. State
growth target; other state measures.
(a) The state's educational assessment system measuring individual
students' educational growth is based on indicators of achievement growth that
show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly
reliable statewide or districtwide assessments.
(b) The
commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors and staff and researchers must implement a model that
uses a value-added growth indicator and includes criteria for identifying
schools and school districts that demonstrate medium and high growth under
section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3.
The model may be used to advance educators' professional development and
replicate programs that succeed in meeting students' diverse learning
needs. Data on individual teachers
generated under the model are personnel data under section 13.43. The model must allow users to:
(1) report
student growth consistent with this paragraph; and
(2) for all
student categories, report and compare aggregated and disaggregated state
growth data using the nine student categories identified under the federal 2001
No Child Left Behind Act and two student gender categories of male and female,
respectively, following appropriate reporting practices to protect nonpublic
student data.
The
commissioner must report separate measures of student growth and proficiency,
consistent with this paragraph.
(c)
When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures
indicating the extent to which current high school graduates are being prepared
for postsecondary academic and career opportunities:
(1) a
preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent
with the core academic subjects required for admission to Minnesota's public
colleges and universities as determined by the Office of Higher Education under
chapter 136A; and
(2) a rigorous
coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary
enrollment options including concurrent enrollment, other rigorous courses of
study under section 120B.021, subdivision 1a, or industry certification courses
or programs.
When reporting the core measures under
clauses (1) and (2), the commissioner must also analyze and report separate
categories of information using the nine student categories identified under
the federal 2001 No Child Left Behind Act and two student gender categories of
male and female, respectively, following appropriate reporting practices to
protect nonpublic student data.
(d) When reporting
student performance under section 120B.36, subdivision 1, the commissioner
annually, beginning July 1, 2014, must report summary data on school safety and
students' engagement and connection at school.
The summary data under this paragraph are separate from and must not be
used for any purpose related to measuring or evaluating the performance of
classroom teachers. The commissioner, in
consultation with qualified experts on student engagement and connection and
classroom teachers, must identify highly reliable variables that generate
summary data under this paragraph. The
summary data may be used at school, district, and state levels only. Any data on individuals received, collected,
or created that are used to generate the summary data under this paragraph are
nonpublic data under section 13.02, subdivision 9.
(e) For
purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the relative success of school
districts, charter schools, and alternative program providers in improving the
graduation outcomes of students under this paragraph. When reporting student performance under
section 120B.36, subdivision 1, the commissioner, beginning July 1, 2013, annually
must report summary data on the four-year and six-year graduation rates of
students who are identified as at risk of not graduating or off track to
graduate, including students who are eligible to participate in a program under
section 123A.05 or 124D.68, and the relative success that school districts,
charter schools, and alternative program providers experience in:
(1)
identifying at-risk and off-track student populations by grade;
(2) providing
successful prevention and intervention strategies for at-risk students; and
(3) providing
successful recuperative and recovery or reenrollment strategies for off-track
students.
For purposes
of this paragraph, a student who is at risk of not graduating is a student in
eighth or ninth grade who meets one or more of the following criteria: first enrolled in an English-language learners
program in eighth or ninth grade and may be older than other students enrolled
in the same grade; as an eighth grader, is absent from school for at least 20
percent of the days of instruction during the school year, is two or more years
older than other students enrolled in the same grade, or fails multiple core
academic courses; or as a ninth grader, fails multiple ninth grade core
academic courses in English language arts, math, science, or social studies.
For purposes
of this paragraph, a student who is off track to graduate is a student who
meets one or more of the following criteria: first enrolled in an English-language learners
program in high school and is older than other students enrolled in the same grade;
is a returning dropout; is 16 or 17 years old and two or more academic years
off track to graduate; is 18 years or older and two or more academic years off
track to graduate; or is 18 years or older and may graduate within one school
year.
EFFECTIVE DATE.
Sec. 2. Minnesota Statutes 2009 Supplement, section
120B.36, subdivision 1, is amended to read:
Subdivision
1. School
performance report cards. (a) The
commissioner shall report student academic performance under section 120B.35,
subdivision 2; the percentages of students showing low, medium, and high growth
under section 120B.35, subdivision 3, paragraph (b); school safety and student
engagement and connection under section 120B.35, subdivision 3, paragraph (d);
rigorous coursework under section 120B.35, subdivision 3, paragraph (c); the
four-year and six-year graduation rates of at-risk and off-track students and
the academic success that school districts, charter schools, and alternative
program providers experience in their efforts to improve the graduation
outcomes of those students under section 120B.35, subdivision 3, paragraph (e);
two separate student-to-teacher ratios that clearly indicate the definition
of teacher consistent with sections 122A.06 and 122A.15 for purposes of
determining these ratios; staff characteristics excluding salaries; student
enrollment demographics; district mobility; and extracurricular activities. The report also must indicate a school's
adequate yearly progress status, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress
status.
(b) The
commissioner shall develop, annually update, and post on the department Web
site school performance report cards.
(c) The
commissioner must make available performance report cards by the beginning of
each school year.
(d) A school or
district may appeal its adequate yearly progress status in writing to the commissioner
within 30 days of receiving the notice of its status. The commissioner's decision to uphold or deny
an appeal is final.
(e) School
performance report card data are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure
described in paragraph (d) concludes.
The department shall annually post school performance report cards to
its public Web site no later than September 1.
EFFECTIVE DATE.
This section is effective the day following final enactment and
applies to annual reports beginning July 1, 2013.
Sec. 3. IMPLEMENTING
DIFFERENTIATED GRADUATION RATE MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A
STANDARD DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
(a) To
implement the requirements of Minnesota Statutes, section 120B.35, subdivision
3, paragraph (e), the commissioner of education must convene a group of
recognized and qualified experts on improving differentiated graduation rates
and establishing alternative routes to a standard high school diploma for
at-risk and off-track students. The
commissioner must assist the group, as requested, to explore and recommend to
the commissioner and the legislature (1) research-based measures that
demonstrate the academic success of and costs to school districts, charter
schools, and alternative program providers in improving the graduation outcomes
of at-risk and off-track students, and (2) state and local options for
establishing alternative routes to a standard diploma, consistent with
Minnesota's statewide accountability system under Minnesota Statutes, chapter
120B, and Minnesota Statutes, sections 123A.05 and 124D.68. When proposing alternative routes to a
standard diploma, the group also must identify highly reliable variables that
generate summary data to comply with Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), including: who initiates the request for an alternative
route; who approves the request for an alternative route; the specific
parameters of the alternative route process, including whether a student first
must fail a regular, state-mandated exam; and the comparability of the academic
and achievement criteria reflected in the alternative route and the standard
route for a standard diploma.
(b) The commissioner must convene
the first meeting of this group by September 15, 2010. Group members must include: four teachers and administrators from, and two
parents of students currently enrolled in state-approved alternative programs
selected by the Minnesota Association of Alternative Programs; one
representative selected by the Minnesota K-12 Online Learning Alliance; one
representative selected by the Metropolitan Federation of Alternative Schools;
one representative of the Minnesota Association of Charter Schools; two faculty
members selected by the dean of the College of Education at the University of
Minnesota with expertise in serving and assessing at-risk and off-track
students; two Minnesota State Colleges and Universities faculty members
selected by the Minnesota State Colleges and Universities chancellor with
expertise in serving and assessing at-risk and off-track students; one
currently serving superintendent selected by the Minnesota Association of
School Administrators; one currently serving high school principal selected by
the Minnesota Association of Secondary School Principals; and two public
members selected by the commissioner.
The group may seek input from representatives of other interested
stakeholders and organizations with expertise to help inform the group's
work. The group must meet at least
quarterly. Group members do not receive
compensation or reimbursement of expenses for participating in this group. The group expires on February 16, 2012.
(c) The
group, by February 15, 2012, must develop and submit to the commissioner and
the Education Policy and Finance Committees of the legislature recommendations
and legislation, consistent with this section and Minnesota Statutes, section
120B.35, subdivision 3, paragraph (e), for:
(1) measuring
and reporting differentiated graduation rates for at-risk and off-track
students and the success and costs that school districts, charter schools, and
alternative program providers experience in identifying and serving at-risk or
off-track student populations; and
(2)
establishing alternative routes to a standard diploma.
EFFECTIVE DATE.
This section is effective the day following final enactment and
applies to school report cards beginning July 1, 2013."
Delete the title
and insert:
"A bill for
an act relating to education; establishing state accountability measures to
improve graduation outcomes for students who are at risk of not graduating and
students significantly off track to graduate; amending Minnesota Statutes 2009
Supplement, sections 120B.35, subdivision 3; 120B.36, subdivision 1."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 2557,
A bill for an act relating to state government; establishing a position for a
state Webmaster; requiring the state chief information officer to develop
standards for enhanced public access to state electronic records; amending
Minnesota Statutes 2008, sections 16E.04, subdivision 2; 16E.05, by adding a
subdivision; Minnesota Statutes 2009 Supplement, section 16E.02, subdivision 1.
Reported the
same back with the following amendments:
Page 1, line 24,
after "government" insert "and are consistent with the
accessibility standards developed under section 16E.03, subdivision 9"
Page 2, line 12, delete "16E.02,
subdivision 1, paragraph (c)" and insert "16E.05, subdivision
4"
Page 3, delete
sections 3 and 4 and insert:
"Sec.
3. Minnesota Statutes 2008, section
16E.05, is amended by adding a subdivision to read:
Subd. 4.
Standards for transparency. The chief information officer shall
develop standards to enhance public access to electronic data maintained by
state government, consistent with the requirements of chapter 13. The standards must ensure that:
(1) the
state information architecture facilitates public access to agency data;
(2) publicly
available data is managed using an approved state metadata model; and
(3) all
geospatial data conform to an approved state geocode model.
Sec. 4. TRANSPARENCY
STANDARDS REPORT.
By January
15, 2011, the chief information officer shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the
Office of Enterprise Technology regarding the development of the standards to
enhance public access to data required under Minnesota Statutes, section
16E.05, subdivision 4. The report must
describe the process for development of the standards, including the
opportunity provided for public comment, and specify the components of the
standards that have been implemented, including a description of the level of
public use of the new opportunities for data access under the standards."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 2781,
A bill for an act relating to labor and industry; modifying licensing
provisions; imposing and modifying certain license fees; amending Minnesota
Statutes 2008, sections 326B.133, subdivisions 1, 3, 8, 11, by adding
subdivisions; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by adding
subdivisions; 326B.43, subdivision 2; 326B.44; 326B.46, as amended; 326B.47;
326B.475, subdivision 2; 326B.50, by adding subdivisions; 326B.54; 326B.55, as
amended if enacted; 326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions
1, 3, 6; 326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978,
subdivision 2, by adding a subdivision; 327B.04, subdivision 2; Minnesota
Statutes 2009 Supplement, sections 326B.33, subdivision 19; 326B.475,
subdivision 4; 326B.49, subdivision 1; 326B.58; 326B.815, subdivision 1;
326B.86, subdivision 1; 326B.94, subdivision 4; 326B.986, subdivision 5;
327B.04, subdivisions 7, 7a, 8; 327B.041; proposing coding for new law in
Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008, sections
326B.133, subdivisions 9, 10; 326B.37, subdivision 13; 326B.475, subdivisions
5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3, 4; 326B.976; Minnesota
Statutes 2009 Supplement, section 326B.56, subdivision 4; Minnesota Rules,
parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3;
1350.8000, subpart 2.
Reported the
same back with the following amendments:
Delete everything after the
enacting clause and insert:
"Section
1. [326B.091]
DEFINITIONS.
Subdivision 1.
Applicability. For purposes of sections 326B.091 to
326B.098, the terms defined in this section have the meanings given them.
Subd. 2.
Applicant. "Applicant" means a person who
has submitted to the department an application for a license.
Subd. 3.
License. "License" means any
registration, certification, or other form of approval authorized by chapters
326B and 327B to be issued by the commissioner or department as a condition of
doing business or conducting a trade, profession, or occupation in Minnesota. License includes specifically but not
exclusively an authorization issued by the commissioner or department: to perform electrical work, plumbing or water
conditioning work, high pressure piping work, or residential building work of a
residential contractor, residential remodeler, or residential roofer; to
install manufactured housing; to serve as a building official; or to operate a
boiler or boat.
Subd. 4.
Licensee. "Licensee" means the person
named on the license as the person authorized to do business or conduct the
trade, profession, or occupation in Minnesota.
Subd. 5.
Notification date. "Notification date" means the
date of the written notification from the department to an applicant that the
applicant is qualified to take the examination required for licensure.
Subd. 6.
Renewal deadline. "Renewal deadline," when used
with respect to a license, means 30 days before the date that the license
expires.
Sec. 2. [326B.092]
FEES.
Subdivision
1. Licenses
requiring examination administered by commissioner. (a) If the applicant for a license must
pass an examination administered by the commissioner in order to obtain the
license, then the application for the initial license must be accompanied by an
application and examination fee of $50, which is separate from the license
fee. The license fee is due after the
applicant passes the examination and before the license is issued.
(b) If the
applicant for a Minnesota license holds a license in another state and is
seeking Minnesota licensure without examination based on reciprocity, then the
application for the Minnesota license must be accompanied by the application
and examination fee of $50, which is separate from the license fee. If the commissioner approves the application,
then the license fee is due before the license is issued.
Subd. 2.
Licenses not requiring
examination administered by commissioner. If the applicant for a license is not
required to pass an examination in order to obtain the license, or is required
to pass an examination that is not administered by the commissioner, then the
license fee must accompany the application for the license. If the application is for a license issued
under sections 326B.802 to 326B.885 and is not an application for license
renewal, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, is due after the department has determined that the applicant
meets the qualifications for licensing and before the license is issued.
Subd. 3.
Late fee. The department must receive a complete
application for license renewal by the renewal deadline but not more than 90
days before the renewal deadline. If the
department receives a renewal application after the expiration of the license,
then the renewal application must be accompanied by a late fee equal to
one-half of the license renewal fee; except that, for the purpose of
calculating the late fee only, the license renewal fee shall not include any
contractor recovery fund fee required by section 326B.89, subdivision 3.
Subd. 4.
Subd. 5.
Insufficient fees. If the applicant does not include all
required fees with the application, then the application will be incomplete and
the department will notify the applicant of the amount of the deficiency.
Subd. 6.
Fees nonrefundable. Application and examination fees, license
fees, license renewal fees, and late fees are nonrefundable except for:
(1) license
renewal fees received more than two years after expiration of the license, as
described in section 326B.094, subdivision 2;
(2) any
overpayment of fees; and
(3) if the
license is not renewed, the contractor recovery fund fee and any additional
assessment paid under subdivision 7, paragraph (e).
Subd. 7.
License fees and license
renewal fees. (a) The license
fee for each license except a renewed license shall be the base license fee
plus any applicable board fee, as set forth in this subdivision. The license renewal fee for each renewed
license is the base license fee plus any applicable board fee, continuing
education fee, and contractor recovery fund fee and additional assessment, as
set forth in this subdivision.
(b) For
purposes of this section, "license duration" means the number of
years for which the license is issued except that:
(1) if the
initial license is not issued for a whole number of years, the license duration
shall be rounded up to the next whole number; and
(2) if the
department receives an application for license renewal after the renewal
deadline, license duration means the number of years for which the renewed
license would have been issued if the renewal application had been submitted on
time and all other requirements for renewal had been met.
(c) The base
license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license
duration. The base license fee shall be:
License Classification License
Duration
1
Year 2
Years 3
Years
Entry level $10 $20 $30
Journeyman $20 $40 $60
Master $40 $80 $120
Business $90 $180 $260
(d) If there is a continuing education requirement for renewal of the license, then a continuing education fee must be included in the renewal