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Journal of the House - 10th Day - Thursday, January 29, 2015 - Top of Page 133
EIGHTY-NINTH SESSION - 2015
TENTH DAY
Saint Paul, Minnesota, Thursday, January 29, 2015
The House of Representatives convened at 3:30 p.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by the Reverend Craig Hanson, Our Savior's Lutheran Church, Circle Pines, 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:
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Bernardy
Considine
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Franson
Gruenhagen
Hackbarth
Halverson
Hausman
Heintzeman
Hertaus
Hilstrom
Hortman
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Knoblach
Koznick
Kresha
Lenczewski
Lesch
Lohmer
Loonan
Lueck
Marquart
Masin
McNamara
Metsa
Mullery
Murphy, M.
Newberger
Nornes
O'Driscoll
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Rarick
Runbeck
Schomacker
Selcer
Slocum
Sundin
Swedzinski
Theis
Thissen
Uglem
Urdahl
Wagenius
Whelan
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Allen, Fischer, Green, Hamilton, Hoppe, Mack, Mariani and Murphy, E., were excused.
Atkins was excused until 3:45 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
The following communications were received:
SAINT PAUL 55155
The Honorable Kurt Daudt
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Daudt:
Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:
H. F. No. 6, relating to taxation; conforming to federal income tax changes; clarifying the computation of state aid payments to the destination medical center.
ST. PAUL 55155
The Honorable Kurt L. Daudt
The Honorable Sandra L. Pappas
President of the Senate
I have the honor to inform you that the following enrolled Act of the 2015 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:
H. F.
Chapter No.
Time and
Date Approved
6 1 5:52 p.m. January 24 January 24
1 2 12:16 p.m. January 27 January 27
The Speaker announced that the next order of business was the election of a Chief Sergeant at Arms.
ELECTION OF OFFICER
The name of Robert Meyerson was placed in nomination by Cornish. The nomination was seconded by Hilstrom.
There being no further nominations, the Speaker declared the nominations closed.
The roll was called on the election of a Chief Sergeant at Arms and the following voted for Meyerson:
Robert Meyerson, having received a majority of the votes cast, was declared duly elected Chief Sergeant at Arms.
The oath of office was administered to the Chief Sergeant at Arms-elect by the Speaker.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Dettmer from the Veterans Affairs Division to which was referred:
H. F. No. 10, A bill for an act relating to taxation; providing a veterans jobs tax credit; proposing coding for new law in Minnesota Statutes, chapter 290.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
Gunther from the Committee on Greater Minnesota Economic and Workforce Development Policy to which was referred:
H. F. No. 65, A bill for an act relating to taxation; income; increasing the small business investment credit; amending Minnesota Statutes 2014, section 116J.8737, subdivision 5.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
H. F. No. 66, A bill for an act relating to taxation; income; repealing the sunset of the small business investment credit; amending Minnesota Statutes 2014, section 116J.8737, subdivision 5; repealing Minnesota Statutes 2014, section 116J.8737, subdivision 12.
McNamara from the Committee on Environment and Natural Resources Policy and Finance to which was referred:
H. F. No. 181, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying requirements for use of outdoor heritage fund money; modifying previous appropriation; amending Minnesota Statutes 2014, section 97A.056, subdivision 8, by adding subdivisions; Laws 2014, chapter 256, article 1, section 2, subdivision 5.
Reported the same back with the following amendments:
Page 7, delete lines 19 to 27
Reletter the paragraphs in sequence
Page 11, line 24, delete "$2,130,000" and insert "$4,318,000"
Page 19, after line 33, insert:
"Subd. 10. Pollinator Lethal Insecticides
Land acquired in fee with money appropriated in this section must not be planted or otherwise treated with a product that contains a pollinator lethal insecticide, as defined under Minnesota Statutes, section 18H.02, subdivision 28a."
Page 19, before line 34, insert:
"Sec. 3. Minnesota Statutes 2014, section 97A.056, subdivision 2, is amended to read:
Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
(1) two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;
(2) two public members appointed by the speaker of the house;
(3) four public members appointed by the governor;
(4) two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and
(5) two members of the house of representatives appointed by the speaker of the house.
(b) Members appointed under paragraph (a) must not be registered lobbyists. In making appointments, the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council are subject to the advice and consent of the senate.
(c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife.
(d) Legislative members appointed under paragraph (a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives.
(e) Public members serve four-year terms. Appointed legislative members serve at the pleasure of the appointing authority. Public and legislative members continue to serve until their successors are appointed. Public members shall be initially appointed according to the following schedule of terms:
(1) two public members appointed by the governor for a term ending the first Monday in January 2011;
(2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011;
(3) one public member appointed by the speaker of the house for a term ending the first Monday in January 2011;
(5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and
(6) one public member appointed by the speaker of the house for a term ending the first Monday in January 2013.
(f) Terms, compensation, and removal of public members are as provided in section 15.0575. A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term.
(g) The first meeting of the council shall be convened by the chair of the Legislative Coordinating Commission no later than December 1, 2008. Members shall elect a chair, vice-chair, secretary, and other officers as determined by the council. The chair may convene meetings as necessary to conduct the duties prescribed by this section.
(h) Upon coordination with The Legislative Coordinating Commission, the council may appoint nonpartisan staff and contract with consultants as necessary to carry out support the functions of the council. Up to one percent of the money appropriated from the fund may be used to pay for administrative expenses of the council and for compensation and expense reimbursement of council members.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2014, section 97A.056, subdivision 5, is amended to read:
Subd. 5. Open meetings. (a) Meetings of the council and other groups the council may establish are subject to chapter 13D. Except where prohibited by law, the council shall establish additional processes to broaden public involvement in all aspects of its deliberations, including recording meetings, video conferencing, and publishing minutes. For the purposes of this subdivision, a meeting occurs when a quorum is present and the members receive information or take action on any matter relating to the duties of the council. The quorum requirement for the council shall be seven members.
(b) Travel to and from scheduled and publicly noticed site visits by council members for the purposes of receiving information is not a violation of paragraph (a). Any decision or agreement to make a decision during the travel is a violation of paragraph (a).
(c) The presence of a quorum of members of the council at a conference or a gathering sponsored by another entity is not a meeting for purposes of this subdivision if attendance of council members is incidental to the primary purpose of the conference or gathering and a quorum of the council members do not discuss with each other matters relating to business of the council. This paragraph also applies to attendance at a conference or gathering by members of a subcommittee of the council.
(d) For legislative members of the council, enforcement of this subdivision is governed by section 3.055, subdivision 2. For nonlegislative members of the council, enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.
EFFECTIVE DATE. This section is effective the day following final enactment."
"Sec. 8. Laws 2012, chapter 264, article 1, section 2, subdivision 5, is amended to read:
Subd. 5. Habitats
(a) DNR Aquatic Habitat - Phase IV
$3,480,000 in the second year is to the commissioner of natural resources to acquire interests in land in fee or permanent conservation easements for aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, and to restore and enhance aquatic habitat. A list of proposed land acquisitions must be provided as part of the required accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $25,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(b) Metro Big Rivers Habitat - Phase III
$3,680,000 in the second year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows: $1,000,000 to the Minnesota Valley National Wildlife Refuge Trust, Inc.; $375,000 to the Friends of the Mississippi; $375,000 to Great River Greening; $930,000 to The Minnesota Land Trust; and $1,000,000 to The Trust for Public Land. A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required
accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $51,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III
$480,000 in the second year is to the commissioner of natural resources for an agreement with Dakota County to acquire permanent conservation easements and restore and enhance habitats along the Mississippi, Cannon, and Vermillion Rivers. A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $20,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(d) Lower St. Louis River Habitat Restoration
$3,670,000 in the second year is to the commissioner of natural resources to restore habitat in the lower St. Louis River estuary. A list of proposed projects must be provided as part of the required accomplishment plan.
(e) Coldwater Fish Habitat Enhancement - Phase IV
$2,120,000 in the second year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance coldwater fish lake, river, and stream habitats in Minnesota. A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.
(f) Grand Marais Creek Outlet Restoration
$2,320,000 in the second year is to the commissioner of natural resources for an agreement with the Red Lake Watershed District to restore and enhance stream and related habitat in Grand Marais Creek. A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.
(g) Knife River Habitat Restoration
$380,000 in the second year is to the commissioner of natural resources for an agreement with the Lake Superior Steelhead Association to restore trout habitat in the Upper Knife River Watershed. A list of proposed restorations must be provided as part of the required accomplishment plan. Notwithstanding rules of the commissioner of natural resources, restorations conducted pursuant to this paragraph may be accomplished by excavation.
(h) Protect Aquatic Habitat from Asian Invasive Carp
$7,500,000 in the second year is to the commissioner of natural resources to for design, construct, operate, and evaluate construction, including acquisition, operation, and evaluation of structural deterrents for Asian invasive carp to protect Minnesota's aquatic habitat. Use of this money requires a one-to-one match for projects on state boundary waters.
(i) Outdoor Heritage Conservation Partners Grant Program - Phase IV
$4,990,000 in the second year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, and habitat for fish, game, or wildlife in Minnesota. Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements. Grants shall not be made from appropriations in this paragraph for projects that have a total project cost exceeding $575,000. $366,000 of this appropriation may be spent for personnel costs and other direct and necessary administrative costs. Grantees may acquire land or interests in land. Easements must be permanent. Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by state law. The program shall require a match of at least ten percent from nonstate sources for all grants. The match may be cash or in-kind resources. For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private contributions for local conservation or habitat projects. If acquiring land or a conservation easement, priority shall be given to projects associated with existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; and aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must be on land
permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Priority shall be given to restoration and enhancement projects on public lands. Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June 30, 2016. No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council. The commissioner shall provide notice of the grant program in the game and fish law summaries that are prepared under Minnesota Statutes, section 97A.051, subdivision 2."
Adjust amounts accordingly
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, before the semicolon, insert "and for Lessard-Sams Outdoor Heritage Council"
Page 1, line 4, delete "appropriation" and insert "appropriations"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 191, A bill for an act relating to human services; modifying screening of child maltreatment reports; amending Minnesota Statutes 2014, section 626.556, subdivisions 7, 10e, 11c, by adding subdivisions.
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 626.556, subdivision 1, is amended to read:
Subdivision 1. Public policy. (a) The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through physical abuse, neglect, or sexual abuse. While it is recognized that most parents want to keep their children safe, sometimes circumstances or conditions interfere with their ability to do so. When this occurs, families are best served by interventions that engage their protective capacities and address immediate safety concerns and ongoing risks of child maltreatment the health and safety of
the children shall be of paramount concern. Intervention and prevention efforts shall address immediate concerns for child safety and the ongoing risk of abuse or neglect and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this section to:
(1) protect children and promote child safety;
(2) strengthen the family and;
(3) make the home, school, and community safe for children by promoting responsible child care in all settings; and to
(4) provide, when necessary, a safe temporary or permanent home environment for physically or sexually abused or neglected children.
(b) In addition, it is the policy of this state to:
(1) require the reporting of neglect, or physical or sexual abuse of children in the home, school, and community settings; to
(2) provide for the voluntary reporting of abuse or neglect of children; to require a family assessment, when appropriate, as the preferred response to reports not alleging substantial child endangerment; to
(3) require an investigation when the report alleges sexual abuse or substantial child endangerment, as defined in subdivision 2, paragraph (c);
(4) provide a family assessment when there is no alleged substantial child endangerment; and to
(5) provide protective, family support, and family preservation services when needed in appropriate cases.
Sec. 2. Minnesota Statutes 2014, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.
(b) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245D; under sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, and in the case of sexual abuse includes a person who has a significant relationship to the child as defined in section 609.341, or a person in a position of authority as defined in section 609.341, who by act or omission commits or attempts to commit an act against a child under their care that constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.503, subdivision 2.
(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
(e) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
(f) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 125A.0942 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;
(9) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.
(h) "Report" means any report received by the local welfare agency, police department, county sheriff, or agency responsible for assessing or investigating maltreatment pursuant to this section.
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;
(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction.
A child is the subject of a report of threatened injury when the responsible social services agency receives birth match data under paragraph (o) from the Department of Human Services.
(o) Upon receiving data under section 144.225, subdivision 2b, contained in a birth record or recognition of parentage identifying a child who is subject to threatened injury under paragraph (n), the Department of Human Services shall send the data to the responsible social services agency. The data is known as "birth match" data. Unless the responsible social services agency has already begun an investigation or assessment of the report due to the birth of the child or execution of the recognition of parentage and the parent's previous history with child protection, the agency shall accept the birth match data as a report under this section. The agency may use either a family assessment or investigation to determine whether the child is safe. All of the provisions of this section apply. If the child is determined to be safe, the agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is determined not to be safe, the agency and the county attorney shall take appropriate action as required under section 260C.503, subdivision 2.
(p) Persons who conduct assessments or investigations under this section shall take into account accepted child‑rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety.
(q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
(r) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and
(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.
Subd. 3. Persons mandated to report. (a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person is:
(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or
(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency, or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing when a report is received, including reports that are not accepted for investigation or assessment. The county sheriff and the head of every local welfare agency, agency responsible for assessing or investigating reports, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this paragraph and paragraph (b) are carried out. Nothing in this subdivision shall be construed to require more than one report from any institution, facility, school, or agency.
(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse. The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing when a report is received, including reports that are not accepted for investigation or assessment.
(c) A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245D; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19. A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity.
(d) Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interests of the child. Any person who is not mandated to report shall, upon request to the local welfare agency, receive a concise summary of the disposition of any report made by that reporter, unless release would be detrimental to the best interests of the child.
(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours.
Sec. 4. Minnesota Statutes 2014, section 626.556, subdivision 6a, is amended to read:
Subd. 6a. Failure to notify. If a local welfare agency receives a report under subdivision 3 10, paragraph (a) or (b), and fails to notify the local police department or county sheriff as required by subdivision 3 10, paragraph (a) or (b), the person within the agency who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees. If a local police department or a county sheriff receives a report under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency as required by subdivision 3, paragraph (a) or (b), the person within the police department or county sheriff's office who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees.
Subd. 7. Report; information provided to parent. (a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating or assessing the report, or the local welfare agency.
(b) The local welfare agency shall immediately notify local law enforcement when a report is received, including reports that are not accepted for investigation or assessment.
(c) The local welfare agency shall determine if the report is accepted for an assessment or investigation or assessment as soon as possible but in no event longer than 24 hours after the report is received.
(b) (d) Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter. The local welfare agency or agency responsible for assessing or investigating the report shall accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or address as long as the report is otherwise sufficient under this paragraph. Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.
(c) (e) When requested, the agency responsible for assessing or investigating a report shall inform the reporter within ten days after the report was made, either orally or in writing, whether the report was accepted or not. If the responsible agency determines the report does not constitute a report under this section, the agency shall advise the reporter the report was screened out.
(f) A local welfare agency or agency responsible for investigating or assessing a report may use a screened-out report must not be used for any purpose other than making an offer of social services to the subjects of the screened‑out report. A local welfare agency or agency responsible for evaluating a report alleging maltreatment of a child
shall consider prior reports, including screened-out reports, to determine whether an investigation or family assessment must be conducted. A screened-out report must be maintained in accordance with subdivision 11c, paragraph (a).
(d) (g) Notwithstanding paragraph (a), the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is assessing or investigating the report of alleged maltreatment.
(e) (h) Regardless of whether a report is made under this subdivision, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.
(f) (i) A written copy of a report maintained by personnel of agencies, other than welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. An individual subject of the report may obtain access to the original report as provided by subdivision 11.
Sec. 6. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision to read:
Subd. 7a. Mandatory guidance for screening reports. Child protection staff, supervisors, and others involved in child protection screening shall follow the guidance provided in the child maltreatment screening guidelines issued by the commissioner of human services and, when notified by the commissioner, shall immediately implement updated procedures and protocols.
Sec. 7. Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:
Subd. 10. Duties of local welfare agency and local law enforcement agency upon receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency must notify local law enforcement when a report is received, including reports that are not accepted for investigation or assessment. The local welfare agency:
(1) shall conduct an investigation on reports involving sexual abuse or substantial child endangerment;
(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that substantial child endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response; and
(4) may conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency
shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact‑finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.
If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615.
(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97. The commissioner of education shall inform the ombudsman established under sections 245.91 to 245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
(c) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.
(d) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a
reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.
(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.
(g) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.
(h) The local welfare agency responsible for conducting a family assessment or investigation shall collect available and relevant information to determine child safety, risk of subsequent child maltreatment, and family strengths and needs and share not public information with an Indian's tribal social services agency without violating any law of the state that may otherwise impose duties of confidentiality on the local welfare agency in order to implement the tribal state agreement. The local welfare agency or the agency responsible for investigating the report shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency or the agency responsible for investigating the report may make a determination of no maltreatment early in an investigation, and close the case and retain immunity, if the collected information shows no basis for a full investigation.
Information relevant to the assessment or investigation must be asked for, and may include:
(1) the child's sex and age,; prior reports of maltreatment, including any maltreatment reports that were screened out and not accepted for assessment or investigation; information relating to developmental functioning,; credibility of the child's statement,; and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility.
(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. The face-to-face contact with the child and primary caregiver shall occur immediately if substantial child endangerment is alleged and within five calendar days for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation. At the initial contact, the local child welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.
(j) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.
(k) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (i), (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (i) and (k), and subdivision 3d.
Sec. 8. Minnesota Statutes 2014, section 626.556, subdivision 10e, is amended to read:
Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report.
(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.
(c) After conducting an investigation, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. No determination of maltreatment shall be made when the alleged perpetrator is a child under the age of ten.
(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination.
(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education.
(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions:
(1) physical abuse as defined in subdivision 2, paragraph (g);
(2) neglect as defined in subdivision 2, paragraph (f);
(3) sexual abuse as defined in subdivision 2, paragraph (d);
(4) mental injury as defined in subdivision 2, paragraph (m); or
(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
(g) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.
(h) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.
(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;
(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed professional standards in exercising professional judgment.
The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing actions under sections 245A.06 or 245A.07 apply.
(k) Individual counties may implement more detailed definitions or criteria that indicate which allegations to investigate, as long as a county's policies are consistent with the definitions in the statutes and rules and are approved by the county board. Each local welfare agency shall periodically inform mandated reporters under subdivision 3 who work in the county of the definitions of maltreatment in the statutes and rules and any additional definitions or criteria that have been approved by the county board.
Sec. 9. Minnesota Statutes 2014, section 626.556, subdivision 11c, is amended to read:
Subd. 11c. Welfare, court services agency, and school records maintained. Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority.
(a) For reports alleging child maltreatment that were not accepted for assessment or investigation, family assessment cases, and cases where an investigation results in no determination of maltreatment or the need for child protective services, the assessment or investigation records must be maintained for a period of four five years after the date the report was not accepted for assessment or investigation or of the final entry in the case record. Records of reports that were not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons as to why the report was not accepted. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future screening decisions and risk and safety assessments.
(b) All records relating to reports which, upon investigation, indicate either maltreatment or a need for child protective services shall be maintained for ten years after the date of the final entry in the case record.
(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.
(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.
(e) For reports alleging child maltreatment that were not accepted for assessment or investigation, counties shall maintain sufficient information to identify repeat reports alleging maltreatment of the same child or children for 365 days from the date the report was screened out. The commissioner of human services shall specify to the counties the minimum information needed to accomplish this purpose. Counties shall enter this data into the state social services information system.
Sec. 10. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision to read:
Subd. 16. Commissioner's duty to provide oversight; quality assurance reviews; annual summary of reviews. (a) The commissioner shall develop a plan to perform quality assurance reviews of local welfare agency screening practices and decisions. The commissioner shall provide oversight and guidance to counties to ensure consistent application of screening guidelines, thorough and appropriate screening decisions, and correct documentation and maintenance of reports. Quality assurance reviews must begin no later than September 30, 2015.
(b) The commissioner shall produce an annual report of the summary results of the reviews. The report is public information and must be provided to the chairs and ranking minority members of the legislative committees having jurisdiction over child protection issues.
Sec. 11. INSTRUCTIONS TO COMMISSIONER; SCREENING GUIDELINES.
(a) No later than August 1, 2015, the commissioner of human services shall update the child maltreatment screening guidelines to require agencies to consider prior screened-out reports when determining whether a new report will be screened out or will be accepted for investigation or assessment. The updated guidelines must emphasize that intervention and prevention efforts are to focus on child safety and the ongoing risk of child abuse or neglect and that the health and safety of children are of paramount concern.
(b) No later than September 30, 2015, the commissioner shall publish and distribute the updated guidelines and ensure that all agency staff have received training on the updated guidelines.
(c) Agency staff must implement the guidelines on October 1, 2015."
Delete the title and insert:
"A bill for an act relating to human services; modifying provisions governing reports of maltreatment of minors; amending Minnesota Statutes 2014, section 626.556, subdivisions 1, 2, 3, 6a, 7, 10, 10e, 11c, by adding subdivisions."
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 239, A bill for an act relating to civil law; amending the Uniform Probate Code; providing an exception for conservators to post bond for the assets of a protected person; amending Minnesota Statutes 2014, section 524.5-413.
"Section 1. Minnesota Statutes 2014, section 524.5-413, is amended to read:
524.5-413 WHO MAY BE CONSERVATOR; PRIORITIES.
(a) Except as otherwise provided in paragraph (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority:
(1) a conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
(2) a person nominated as conservator by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if the respondent has attained 14 years of age and at the time of the nomination had sufficient capacity to express a preference;
(3) an agent appointed by the respondent to manage the respondent's property under a durable power of attorney;
(4) the spouse of the respondent;
(5) an adult child of the respondent;
(6) a parent of the respondent;
(7) an adult with whom the respondent has resided for more than six months before the filing of the petition;
(8) an adult who is related to the respondent by blood, adoption, or marriage; and
(9) any other adult or a professional conservator.
(b) A person having priority under paragraph (a), clause (1), (4), (5), or (6), may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute.
(c) The court, acting in the best interest of the protected person, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. With respect to persons having equal priority, the court shall select the one it considers best qualified.
(d) In any proceeding where the value of the personal property of the estate of the proposed protected person in the initial inventory of the estate filed by the conservator under section 524.5-419 is expected to be at least $10,000, the court shall require the conservator to post a bond. The bond requirement under this paragraph does not apply to conservators appointed before August 1, 2009, but shall apply as current conservatorships are reviewed by the court after August 1, 2009.
(e) (d) Any individual or agency which provides residence, custodial care, medical care, employment training, or other care or services for which they receive a fee may not be appointed as conservator unless related to the respondent by blood, marriage, or adoption.
Sec. 2. Minnesota Statutes 2014, section 524.5-416, is amended to read:
524.5-416 TERMS AND REQUIREMENTS OF BOND.
(a) The following rules apply to any bond required:
(1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.
(2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner.
(3) On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator.
(4) The bond of the conservator may be proceeded against until liability under the bond is exhausted.
(5) Except as otherwise provided in this section, in any proceeding where the value of the personal property of the estate of the proposed protected person in the initial inventory of the estate filed by the conservator under section 524.5-419 is expected to be at least $10,000, the court shall require the conservator to post a bond in such amount as the court determines necessary for the protection of the protected person's assets. The bond requirement under this clause does not apply to conservators appointed before August 1, 2009, but shall apply as current conservatorships are reviewed by the court after August 1, 2009. Joint conservators may unite in a bond or each may give a separate bond. In lieu of executing and filing a bond, the conservator may request that access to certain assets be blocked. The court may grant the request if sufficient evidence is filed with the court to establish that such assets are being held in a manner that prevents the conservator from accessing the assets without a specific court order, or the court finds that the manner in which the assets are held is sufficient to protect the assets of the protected person.
(b) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred.
"A bill for an act relating to conservatorships; providing an exception for conservators to post bond for the assets of a protected person; amending Minnesota Statutes 2014, sections 524.5-413; 524.5-416."
With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
H. F. No. 260, A bill for an act relating to family law; establishing and modifying the Uniform Deployed Parents Custody and Visitation Act; amending Minnesota Statutes 2014, section 518.17, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 518E.
Reported the same back with the recommendation that the bill be re-referred to the Veterans Affairs Division.
H. F. No. 262, A bill for an act relating to real property; modifying government approval of plats; authorizing new certificate by examiner's directive after cancellation of contract for deed; authorizing new certificate of possessory interest by directive after cancellation of contract for deed; amending Minnesota Statutes 2014, sections 505.03, subdivision 1; 508.58, by adding a subdivision; 508A.58, subdivision 2, by adding a subdivision.
Page 1, line 16, after the period, insert "For purposes of this subdivision, "satisfactory evidence of title" must be determined by the city council, town board, or board of county commissioners and must include an abstract of title, certificate of title, title opinion, title commitment, or title policy."
With the recommendation that when so amended the bill be placed on the General Register.
Dean, M., from the Committee on Health and Human Services Finance to which was referred:
H. F. No. 264, A bill for an act relating to financing and operation of state government; providing deficiency funding for disaster assistance, food assistance, the Minnesota Security Hospital, natural resources enforcement activities, Ebola-related costs, and the Zoological Board; providing local match funds to repair local roads; providing funding to protect water and soil resources in a disaster area; appropriating money.
Page 1, delete sections 1 and 2
Page 2, line 19, after the period, insert "This is a onetime appropriation."
Page 3, line 2, before "$891,000" insert "(a)"
Page 3, after line 7, insert:
"(b) $2,000,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of health to provide grants for Ebola-related expenditures to hospitals designated by the commissioner as Ebola treatment centers, and to the eight emergency medical services regional boards for the purpose of defraying costs associated with equipping, supplying, staffing, physical plant changes, and the delivery of emergency medical services to treat Ebola patients or suspected Ebola patients. Grants shall be made for costs incurred on or after July 1, 2014. An entity seeking a grant must submit an application in a form prescribed by the commissioner that includes documentation of eligible expenditures that the hospital or emergency medical services regional board is seeking to defray. To qualify for a grant, applications must be received by the commissioner no later than May 15, 2015. Hospitals and emergency medical services regional boards may not receive grant payments for costs that are reimbursable with available federal funds. Grant amounts shall be based on the total amount of documented eligible expenditures reported by each grant applicant.
(c) The commissioner of health may use documentation submitted by the hospitals or emergency medical services regional boards regarding Ebola-related expenditures, without further verification, for purposes of determining a grant award under paragraph (b). The hospital chief executive or chief financial officer or the emergency medical service regional boards must certify that the data submitted is accurate and that no changes were made in the organization's accounting and record-keeping practices or policies for the purpose of creating eligibility or increasing the organization's allocation. The commissioner may audit or verify the data submitted.
(d) All appropriations in this section are onetime."
Page 3, delete section 7
Page 3, line 12, delete "to 7" and insert "and 2"
"A bill for an act relating to health and human services; providing deficiency funding for food assistance, the Minnesota Security Hospital, and Ebola-related activities; appropriating money."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
H. F. No. 358, A bill for an act relating to natural resources; appropriating money for natural resources enforcement activities and Zoological Board.
Page 1, line 16, delete "$1,500,000" and insert "(a) $1,350,000"
Page 1, after line 18, insert:
"(b) By December 15, 2015, the Zoological Board shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the Minnesota Zoological Garden that details the board's financial plan to ensure the long-term financial stability and success of the zoo. The board shall submit an interim report to the chairs and ranking minority members by April 1, 2015."
SECOND READING OF HOUSE BILLS
H. F. No. 262 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Newton, Freiberg, Slocum and Nelson introduced:
H. F. No. 392, A bill for an act relating to education finance; authorizing a school district to renew an expiring referendum by action of the school board for up to five years; amending Minnesota Statutes 2014, section 126C.17, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education Finance.
Freiberg; Ward; Schultz; Liebling; Halverson; Simonson; Carlson; Bernardy; Murphy, E.; Yarusso; Fischer and Loeffler introduced:
H. F. No. 393, A bill for an act relating to health; modifying exemption procedures related to immunizations; amending Minnesota Statutes 2014, section 121A.15, subdivision 3.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Freiberg, Carlson, Halverson, Bly, Slocum, Applebaum, Clark, Yarusso and Urdahl introduced:
H. F. No. 394, A bill for an act relating to education; integrating service-learning into Minnesota's education system; establishing an evidence-based service-learning grant program; providing for a task force on teacher preparation and licensure requirements related to service learning; appropriating money; amending Minnesota Statutes 2014, section 124D.50, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Lueck introduced:
H. F. No. 395, A bill for an act relating to game and fish; requiring the commissioner to make certain considerations when adopting rules and making funding decisions; amending Minnesota Statutes 2014, sections 84.027, subdivision 13; 97A.045, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.
Mullery introduced:
H. F. No. 396, A bill for an act relating to corrections; authorizing a study of the effectiveness of risk assessment tools and the incarceration and release of juveniles.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Scott introduced:
H. F. No. 397, A bill for an act relating to data practices; modifying classifications related to certain legislative and budget proposals created by the state administration; amending Minnesota Statutes 2014, section 13.605, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Lenczewski introduced:
H. F. No. 398, A bill for an act relating to local government; clarifying authority of home rule charter cities to assess for garbage collection; amending Minnesota Statutes 2014, section 443.015.
Loon introduced:
H. F. No. 399, A bill for an act relating to commerce; providing an exemption from bullion coin dealer regulation for dealers in certain coins; amending Minnesota Statutes 2014, section 80G.01, subdivision 3.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Swedzinski introduced:
H. F. No. 400, A bill for an act relating to courts; setting standards for expert witnesses in certain legal proceedings; amending Minnesota Statutes 2014, section 595.02, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
H. F. No. 401, A bill for an act relating to economic development; establishing grant program for collaborative activities to reduce unemployment among minority populations; appropriating money.
The bill was read for the first time and referred to the Committee on Greater Minnesota Economic and Workforce Development Policy.
Davnie, Winkler, Persell, Liebling, Mullery and Lien introduced:
H. F. No. 402, A bill for an act relating to wages; modifying wage deductions for credit card charges; amending Minnesota Statutes 2014, section 177.24, by adding a subdivision; repealing Minnesota Rules, part 5200.0080, subpart 7.
Carlson, Dettmer and Urdahl introduced:
H. F. No. 403, A bill for an act relating to taxation; sales and use tax; expanding the exemption for sales to certain nonprofit organizations; amending Minnesota Statutes 2014, section 297A.70, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Carlson, Freiberg and Melin introduced:
H. F. No. 404, A bill for an act relating to taxation; sales and use; exempting infant and child car seats; amending Minnesota Statutes 2014, section 297A.67, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Pelowski and Davids introduced:
H. F. No. 405, A bill for an act relating to capital investment; appropriating money for Winona State University's education village phase 2; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.
O'Driscoll, Persell, Dettmer, Wills, Newton and Davids introduced:
H. F. No. 406, A bill for an act relating to veterans; appropriating money to public safety for a grant for training community safety personnel about the use of de-escalation techniques.
The bill was read for the first time and referred to the Veterans Affairs Division.
O'Driscoll and Davids introduced:
H. F. No. 407, A bill for an act relating to taxation; individual income; modifying the long-term care credit; amending Minnesota Statutes 2014, section 290.0672, subdivision 2.
The bill was read for the first time and referred to the Committee on Aging and Long-Term Care Policy.
Torkelson, Schomacker, Hamilton, Poppe, Gunther and Swedzinski introduced:
H. F. No. 408, A bill for an act relating to taxation; property; levy limits; clarifying that wind generation and solar production taxes are not subject to levy limits; amending Minnesota Statutes 2014, sections 275.70, subdivision 6; 275.71, subdivision 5.
Gunther, Garofalo, Torkelson, Hamilton, Swedzinski, Pierson, Norton, Bly and Howe introduced:
H. F. No. 409, A bill for an act relating to economic development; appropriating money for grants for Centers for Independent Living.
Davids introduced:
H. F. No. 410, A bill for an act relating to taxation; individual income; allowing a tax credit for penalties imposed under the Affordable Care Act; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.
Wagenius, Persell and Hansen introduced:
H. F. No. 411, A bill for an act relating to natural resources; establishing a pollinator-friendly neighborhood program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Wills and Slocum introduced:
H. F. No. 412, A bill for an act relating to taxation; sales and use; modifying the threshold for the duration of premises leases for certain nonprofit fund-raising events; amending Minnesota Statutes 2014, section 297A.70, subdivision 14.
Runbeck, Loonan and Uglem introduced:
H. F. No. 413, A bill for an act relating to transportation; mass transit; prohibiting certain expenditures and planning for streetcar lines; proposing coding for new law in Minnesota Statutes, chapter 174.
Hansen and Gunther introduced:
H. F. No. 414, A bill for an act relating to capital investment; appropriating money for the conservation reserve enhancement program; authorizing the sale and issuance of state bonds.
Scott, Lesch, Rosenthal, Applebaum, Newberger, Lucero and Zerwas introduced:
H. F. No. 415, A bill for an act relating to public safety; modifying forfeiture laws on how proceeds from the sale of forfeited property are used, what reports are required and how they are financed, and how policies are adopted; amending Minnesota Statutes 2014, sections 84.7741, subdivision 10; 169A.63, subdivision 10; 609.531, subdivision 8; 609.5315, subdivisions 1, 6.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Anzelc, Metsa, Melin and Dill introduced:
H. F. No. 416, A bill for an act relating to taxation; minerals; reinstating the tax incentive for direct reduced iron; amending Minnesota Statutes 2014, section 298.24, subdivision 1.
H. F. No. 417, A bill for an act relating to local government; authorizing three-year terms for members of the Houston County Economic Development Authority.
H. F. No. 418, A bill for an act relating to government contracts; requiring submission to an agency or municipality of certain documents maintained by a contractor upon request; amending Minnesota Statutes 2014, sections 16C.05, subdivision 2; 471.345, by adding a subdivision.
Anderson, S.; Dean, M.; Drazkowski and Mack introduced:
H. F. No. 419, A bill for an act relating to taxation; property tax aids; providing county aid to cover increased health care cost; amending Minnesota Statutes 2014, sections 477A.0124, by adding a subdivision; 477A.03, subdivision 2b.
O'Neill, Davids, Albright, Green, Uglem, Franson and Gunther introduced:
H. F. No. 420, A bill for an act relating to taxation; individual income; providing a credit for new STEM and long-term care employees; proposing coding for new law in Minnesota Statutes, chapter 290.
Murphy, M., introduced:
H. F. No. 421, A bill for an act relating to local government; authorizing the city of Proctor to impose an additional one-half percent sales and use tax; providing for local approval of certain laws and validating certain actions of the city; amending Laws 1999, chapter 243, article 4, section 18, subdivision 1, as amended.
Fabian, Garofalo, Kiel, Franson and Gunther introduced:
H. F. No. 422, A bill for an act relating to taxation; economic development; providing for a workforce housing grant program; appropriating money; amending Minnesota Statutes 2014, section 290.01, subdivisions 19a, 19c; proposing coding for new law in Minnesota Statutes, chapters 116J; 290.
Backer, Schomacker, Zerwas, Schoen, Barrett and Albright introduced:
H. F. No. 423, A bill for an act relating to health; eliminating the requirement of a variance for a staff requirement for ambulance services; allowing a medical director of an ambulance service to authorize certain staffing requirements in limited areas; amending Minnesota Statutes 2014, section 144E.101, subdivision 6.
Pinto, Mariani, Erickson and Davnie introduced:
H. F. No. 424, A bill for an act relating to education; making a technical change to conform the definition of directory information with federal law; amending Minnesota Statutes 2014, section 13.32, subdivision 5.
Zerwas, Hilstrom, Rosenthal and Schoen introduced:
H. F. No. 425, A bill for an act relating to public safety; appropriating money for crime victim services grants.
Lesch; Hausman; Mahoney; Johnson, S.; Murphy, E., and Dean, M., introduced:
H. F. No. 426, A bill for an act relating to capital investment; appropriating money for Como Zoo; authorizing the sale and issuance of state bonds.
Newberger introduced:
H. F. No. 427, A bill for an act relating to transportation; amending requirements governing Department of Transportation collection efforts for damage to state-owned property; amending Minnesota Statutes 2014, section 161.20, subdivision 4.
H. F. No. 428, A bill for an act relating to elections; modifying election judge qualifications; amending Minnesota Statutes 2014, section 204B.19, subdivision 2.
Melin introduced:
H. F. No. 429, A bill for an act relating to taxation; property; extending the deadline for property tax refund claims; amending Minnesota Statutes 2014, section 289A.40, subdivision 4.
Cornish; Johnson, B., and Schoen introduced:
H. F. No. 430, A bill for an act relating to data practices; adding provisions for portable recording systems; classifying audio and video data captured by a law enforcement officer; amending Minnesota Statutes 2014, section 13.82, by adding a subdivision.
H. F. No. 431, A bill for an act relating to public safety; lowering the penalty for the performance of acts prohibited by statutes for which no penalty is specified; amending Minnesota Statutes 2014, section 645.241.
Hansen and Atkins introduced:
H. F. No. 432, A bill for an act relating to transportation; appropriating money for the corridors of commerce program.
Lueck and Erickson introduced:
Fabian, Gunther, Nornes, Mahoney, Anzelc, Dill, Hoppe and Atkins introduced:
H. F. No. 434, A bill for an act relating to tourism; appropriating money for Explore Minnesota Tourism.
Newton, Selcer, Applebaum, Nelson, Slocum, Mullery and Murphy, M., introduced:
H. F. No. 435, A resolution memorializing the President and Congress to uphold the federal government's pledge to fund 40 percent of special education costs.
Franson, Drazkowski, Lucero, Wills, Quam, Pierson, Albright, Howe, Koznick and Kelly introduced:
H. F. No. 436, A bill for an act relating to collective bargaining; adopting the Hands Off Child Care Act; repealing Minnesota Statutes 2014, sections 179A.50; 179A.51; 179A.52; 179A.53.
Scott, Masin, Uglem, Wills and Runbeck introduced:
H. F. No. 437, A bill for an act relating to family law; establishing a legislative surrogacy commission; providing appointments; requiring a report.
Kresha, Mahoney, Davids, Gunther and Persell introduced:
H. F. No. 438, A bill for an act relating to economic development; adopting the Minnesota New Markets Jobs Act; providing capital for business growth in economically distressed communities; imposing penalties; requiring a report; proposing coding for new law as Minnesota Statutes, chapter 116X.
Lohmer, Pelowski, Cornish, Kresha, Marquart, Lucero, Newberger, Erickson, Whelan, Knoblach, Zerwas, Miller and Dean, M., introduced:
H. F. No. 439, A bill for an act relating to health; requiring certain health care practitioners to deliver information relating to trisomy 13, 18, and 21; imposing duties on the commissioner of health; proposing coding for new law in Minnesota Statutes, chapter 145.
H. F. No. 440, A bill for an act relating to taxation; minerals; taconite production; freezing the rate and modifying the distribution of revenues; amending Minnesota Statutes 2014, sections 298.24, subdivision 1; 298.28, subdivisions 3, 7, 7a, by adding a subdivision.
Swedzinski and Loonan introduced:
H. F. No. 441, A bill for an act relating to taxation; sales and use; motor vehicles; dedicating the rental motor vehicles tax to the corridors of commerce program; amending Minnesota Statutes 2014, section 297A.94.
Fischer introduced:
H. F. No. 442, A bill for an act relating to estate taxation; establishing a single exclusion amount for the Minnesota taxable estate; establishing a single rate; eliminating the recapture tax; making clarifying changes; amending Minnesota Statutes 2014, sections 291.016, subdivision 1; 291.03, subdivision 1; repealing Minnesota Statutes 2014, sections 289A.10, subdivision 1a; 289A.12, subdivision 18; 289A.18, subdivision 3a; 289A.20, subdivision 3a; 291.016, subdivision 3; 291.03, subdivisions 8, 9, 10, 11.
H. F. No. 443, A bill for an act relating to taxation; estate tax; conforming to the federal exclusion amount; amending Minnesota Statutes 2014, sections 289A.10, subdivision 1; 291.016, subdivision 3; 291.03, subdivision 1; repealing Minnesota Statutes 2014, sections 289A.10, subdivision 1a; 289A.12, subdivision 18; 289A.18, subdivision 3a; 289A.20, subdivision 3a; 291.03, subdivisions 8, 9, 10, 11.
Knoblach introduced:
H. F. No. 444, A bill for an act relating to taxation; sales and use; providing an exemption for bullion and bullion coin; amending Minnesota Statutes 2014, section 297A.67, by adding a subdivision.
Kelly introduced:
H. F. No. 445, A bill for an act relating to health; providing patients with specific notices; proposing coding for new law in Minnesota Statutes, chapter 144.
Mahoney, Scott, Norton and Laine introduced:
H. F. No. 446, A bill for an act relating to family law; allowing allocation of income tax dependency exemptions in child support matters; amending Minnesota Statutes 2014, section 518A.38, by adding a subdivision.
Lueck and Heintzeman introduced:
H. F. No. 447, A bill for an act relating to state lands; authorizing sales of certain tax-forfeited lands that border public waters.
Nash; Sanders; Uglem; Anderson, M.; Lohmer; Scott; Whelan and Lucero introduced:
H. F. No. 448, A bill for an act relating to the Metropolitan Council; requiring local approval of gubernatorial appointees to the Metropolitan Council; providing a method for local governments to remove a member of the Metropolitan Council; amending Minnesota Statutes 2014, section 473.123, subdivisions 3, 4.
Bennett, Hansen, Poppe, McNamara and Gunther introduced:
H. F. No. 449, A bill for an act relating to waters; designating Shell Rock River for state water trail; amending Minnesota Statutes 2014, section 85.32, subdivision 1.
Lohmer, Dettmer, McDonald, Sanders, Pugh and Koznick introduced:
H. F. No. 450, A bill for an act relating to the military; establishing Military Spouses and Families Day; proposing coding for new law in Minnesota Statutes, chapter 10.
Laine, Scott, Norton, Mahoney, Slocum, Hausman, Moran, Drazkowski and Liebling introduced:
H. F. No. 451, A bill for an act relating to family law; modifying provision related to the effect of a recognition of parentage; making changes to the recognition form; modifying the definition of obligor; modifying basic support under certain circumstances; modifying a method for determining potential income for purposes of child support determinations; establishing consumer reporting agency requirements for nonpayment of child support; amending Minnesota Statutes 2014, sections 257.75, subdivisions 3, 5; 518A.26, subdivision 14; 518A.32, subdivision 2; 518A.43, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 518A.
Laine and Hamilton introduced:
H. F. No. 452, A bill for an act relating to health; appropriating money to the commissioner of health for Ebola-related responses.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Hancock, Mahoney, Kahn, Lesch, Newton, Dettmer and Davids introduced:
H. F. No. 453, A bill for an act relating to arts and cultural heritage; appropriating money for veterans programs.
Mahoney, Albright, Lesch and Dettmer introduced:
H. F. No. 454, A bill for an act relating to capital investment; appropriating money for the Minnesota Humanities Center; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on State Government Finance.
Winkler; Zerwas; Johnson, B.; Lohmer and Hortman introduced:
H. F. No. 455, A bill for an act relating to civil actions; regulating defamation actions; providing for requests for corrections or clarifications; proposing coding for new law as Minnesota Statutes, chapter 553A.
Scott, Lesch, Rosenthal, Applebaum, Newberger, Lucero, Gruenhagen, Zerwas, Quam and Drazkowski introduced:
H. F. No. 456, A bill for an act relating to forfeiture; establishing the burden of production on the innocent owner claimant and the burden of proof on the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, fleeing offenses, and prostitution offenses; expanding the homestead exemption; amending Minnesota Statutes 2014, sections 84.7741, subdivision 7; 169A.63, subdivisions 7, 9; 609.531, subdivision 1, by adding subdivisions; 609.5311, subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5318, subdivision 5.
Applebaum, Davids, Youakim, Rosenthal, Selcer and Loeffler introduced:
H. F. No. 457, A bill for an act relating to taxation; property; changing proposed levy certification dates for special taxing districts; amending Minnesota Statutes 2014, section 275.065, subdivision 1.
Loonan, Hoppe, Davids, Atkins, Sanders, Lillie and Sundin introduced:
H. F. No. 458, A bill for an act relating to commerce; regulating conduct of an insurer in collision cases; amending Minnesota Statutes 2014, section 72B.092, subdivision 1.
Kelly; Pelowski; Urdahl; Hausman; Simonson; Murphy, M.; Schultz and Swedzinski introduced:
H. F. No. 459, A bill for an act relating to capital investment; appropriating money for the port development assistance program; authorizing the sale and issuance of state bonds.
Hackbarth and Dill introduced:
H. F. No. 460, A bill for an act relating to capital investment; appropriating money for a shooting sports facility in the seven-county metropolitan area; authorizing the sale and issuance of state bonds.
Dill introduced:
H. F. No. 461, A bill for an act relating to arts and cultural heritage; appropriating money to Minnesota Historical Society.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Green, Drazkowski, Theis, Swedzinski, Newberger, Rarick and Hancock introduced:
H. F. No. 462, A bill for an act relating to appropriations; modifying eligibility for legacy funds appropriations; amending Minnesota Statutes 2014, sections 85.53, subdivision 2; 97A.056, subdivision 11; 114D.50, subdivision 4; 129D.17, subdivision 2.
Green, Fabian, Drazkowski, Newberger, Pugh, Rarick, Hancock and Theis introduced:
H. F. No. 463, A bill for an act relating to state and local government; limiting amount a public agency may pay to acquire real property or an interest in real property; proposing coding for new law in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2014, section 16B.297.
H. F. No. 464, A bill for an act relating to family law; requiring notice of certain rights; modifying interest rates on judgments in family court actions; amending Minnesota Statutes 2014, sections 518.17, subdivision 3, by adding a subdivision; 549.09, subdivision 1.
Scott, Norton, Mahoney and Drazkowski introduced:
H. F. No. 465, A bill for an act relating to family law; custody and parenting time; modifying best interests standards; making technical changes; amending Minnesota Statutes 2014, sections 257.025; 518.167, subdivision 2; 518.17, subdivision 1; repealing Minnesota Statutes 2014, section 518.17, subdivisions 1a, 2.
Kresha and Erickson introduced:
H. F. No. 466, A bill for an act relating to education; permitting a September 1 school start date for the 2015-2016 school year only.
Miller introduced:
H. F. No. 467, A bill for an act relating to eminent domain; providing for discharge of a portion of an easement acquired by condemnation for trunk highway purposes; amending Minnesota Statutes 2014, section 117.225.
H. F. No. 468, A bill for an act relating to eminent domain; providing for discharge of a portion of an easement acquired by condemnation; amending Minnesota Statutes 2014, section 117.225.
Atkins introduced:
H. F. No. 469, A bill for an act relating to liquor; authorizing an intoxicating liquor license for a golf course in Inver Grove Heights.
Zerwas and Schoen introduced:
H. F. No. 470, A bill for an act relating to health occupations; establishing a registration system for speech-language pathology assistants; setting registration fees; amending Minnesota Statutes 2014, sections 148.512, subdivision 4, by adding subdivisions; 148.513, subdivision 2, by adding a subdivision; 148.519; 148.5191; 148.5194, subdivision 8, by adding a subdivision; 148.5195, subdivisions 2, 3, 4; 148.5196, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 148.
Erickson introduced:
Erickson, Hamilton, Scott and Albright introduced:
H. F. No. 472, A bill for an act relating to state government; providing a grant for assistive technology; appropriating money.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 4, A Senate concurrent resolution adopting deadlines for the 2015 session.
JoAnne M. Zoff, Secretary of the Senate
SUSPENSION OF RULES
Peppin moved that the rules be so far suspended that Senate Concurrent Resolution No. 4 be now considered and be placed upon its adoption. The motion prevailed.
SENATE CONCURRENT RESOLUTION NO. 4
A Senate concurrent resolution adopting deadlines for the 2015 session.
Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring:
In accordance with Joint Rule 2.03, as modified by this resolution, the deadlines in this resolution apply to the 2015 regular session.
(1) The first deadline is Friday, March 20, 2015, at 11:59 p.m.
(2) The second deadline is Friday, March 27, 2015, at 11:59 p.m.
(3) The third deadline, Friday, April 24, 2015, at 11:59 p.m., is for the House Committee on Ways and Means and the Senate Committee on Finance to act favorably on major appropriation and finance bills.
Peppin moved that Senate Concurrent Resolution No. 4 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 4 was adopted.
MOTIONS AND RESOLUTIONS
Scott moved that the name of Lohmer be added as an author on H. F. No. 9. The motion prevailed.
Wills moved that the name of Fischer be added as an author on H. F. No. 10. The motion prevailed.
Anzelc moved that the name of Bly be added as an author on H. F. No. 13. The motion prevailed.
Anzelc moved that the name of Atkins be added as an author on H. F. No. 25. The motion prevailed.
Schoen moved that the name of Bly be added as an author on H. F. No. 38. The motion prevailed.
Persell moved that the name of Bly be added as an author on H. F. No. 40. The motion prevailed.
Winkler moved that the name of Bly be added as an author on H. F. No. 43. The motion prevailed.
Bernardy moved that the name of Bly be added as an author on H. F. No. 47. The motion prevailed.
Davids moved that the name of Dettmer be added as an author on H. F. No. 69. The motion prevailed.
Hausman moved that the name of Bly be added as an author on H. F. No. 73. The motion prevailed.
Clark moved that the name of Bly be added as an author on H. F. No. 98. The motion prevailed.
Peppin moved that the name of Hertaus be added as an author on H. F. No. 135. The motion prevailed.
Dettmer moved that the name of Petersburg be added as an author on H. F. No. 137. The motion prevailed.
Clark moved that the name of Bly be added as an author on H. F. No. 153. The motion prevailed.
Zerwas moved that the name of Gunther be added as an author on H. F. No. 161. The motion prevailed.
Knoblach moved that the names of Hansen, O'Neill and Fabian be added as authors on H. F. No. 164. The motion prevailed.
Kahn moved that the name of Bly be added as an author on H. F. No. 165. The motion prevailed.
Lucero moved that the name of O'Neill be added as an author on H. F. No. 175. The motion prevailed.
Freiberg moved that the name of Lillie be added as an author on H. F. No. 190. The motion prevailed.
Slocum moved that the name of Bly be added as an author on H. F. No. 194. The motion prevailed.
Hansen moved that the name of Bly be added as an author on H. F. No. 196. The motion prevailed.
Johnson, C., moved that the name of Bly be added as an author on H. F. No. 198. The motion prevailed.
Zerwas moved that the names of Johnson, C.; Lillie and Bernardy be added as authors on H. F. No. 210. The motion prevailed.
Kiel moved that the name of Bly be added as an author on H. F. No. 211. The motion prevailed.
Moran moved that the name of Bly be added as an author on H. F. No. 212. The motion prevailed.
Urdahl moved that the names of Lien and Bly be added as authors on H. F. No. 232. The motion prevailed.
O'Neill moved that her name be stricken as an author on H. F. No. 234. The motion prevailed.
Selcer moved that the name of Bly be added as an author on H. F. No. 267. The motion prevailed.
Liebling moved that the name of Bly be added as an author on H. F. No. 277. The motion prevailed.
Kiel moved that the names of Bly and Lenczewski be added as authors on H. F. No. 278. The motion prevailed.
Lenczewski moved that the name of Bly be added as an author on H. F. No. 279. The motion prevailed.
O'Neill moved that the name of Yarusso be added as an author on H. F. No. 288. The motion prevailed.
Knoblach moved that the name of Hausman be added as an author on H. F. No. 296. The motion prevailed.
Lohmer moved that the names of Lucero and Atkins be added as authors on H. F. No. 300. The motion prevailed.
Fabian moved that the name of Loeffler be added as an author on H. F. No. 305. The motion prevailed.
Davids moved that the name of Atkins be added as an author on H. F. No. 308. The motion prevailed.
Pugh moved that the name of Lucero be added as an author on H. F. No. 310. The motion prevailed.
Schomacker moved that the name of Urdahl be added as an author on H. F. No. 316. The motion prevailed.
Winkler moved that the names of Whelan and Erhardt be added as authors on H. F. No. 322. The motion prevailed.
Erhardt moved that the name of Bly be added as an author on H. F. No. 325. The motion prevailed.
Howe moved that the name of Baker be added as an author on H. F. No. 326. The motion prevailed.
Scott moved that the names of Pugh, Lucero and Bly be added as authors on H. F. No. 327. The motion prevailed.
Newton moved that the name of Slocum be added as an author on H. F. No. 330. The motion prevailed.
Newberger moved that the name of Nornes be added as an author on H. F. No. 333. The motion prevailed.
Clark moved that the names of Fischer, Allen, Hilstrom, Norton, Slocum and Kahn be added as authors on H. F. No. 335. The motion prevailed.
Clark moved that the names of Fischer, Lillie, Hilstrom, Norton, Slocum and Kahn be added as authors on H. F. No. 336. The motion prevailed.
O'Neill moved that the name of Nornes be added as an author on H. F. No. 338. The motion prevailed.
Carlson moved that the names of Ward, Newton, Slocum and Kahn be added as authors on H. F. No. 340. The motion prevailed.
Cornish moved that the names of Hamilton, Allen, Mullery, Ward, Davnie, Lillie, Slocum and Kresha be added as authors on H. F. No. 342. The motion prevailed.
Mullery moved that the name of Johnson, S., be added as an author on H. F. No. 343. The motion prevailed.
Mullery moved that the names of Johnson, S., and Nelson be added as authors on H. F. No. 344. The motion prevailed.
Fabian moved that the name of Lueck be added as an author on H. F. No. 345. The motion prevailed.
Hoppe moved that the name of Youakim be added as an author on H. F. No. 346. The motion prevailed.
Liebling moved that the name of Yarusso be added as an author on H. F. No. 347. The motion prevailed.
Persell moved that the names of Bly; Hansen; Johnson, C.; Simonson; Nelson and Marquart be added as authors on H. F. No. 348. The motion prevailed.
Winkler moved that the names of Allen, Ward, Kahn and Bly be added as authors on H. F. No. 349. The motion prevailed.
Uglem moved that the names of Ward and Slocum be added as authors on H. F. No. 350. The motion prevailed.
Clark moved that the names of Fischer, Allen, Loeffler, Newton, Laine, Slocum, Kahn and Bly be added as authors on H. F. No. 351. The motion prevailed.
Anderson, S., moved that the name of Slocum be added as an author on H. F. No. 352. The motion prevailed.
Mullery moved that the name of Nelson be added as an author on H. F. No. 353. The motion prevailed.
Murphy, E., moved that the names of Ward; Johnson, S.; Slocum and Bly be added as authors on H. F. No. 360. The motion prevailed.
Quam moved that the name of Pugh be added as an author on H. F. No. 362. The motion prevailed.
Miller moved that the name of Swedzinski be added as an author on H. F. No. 367. The motion prevailed.
Gunther moved that the name of Slocum be added as an author on H. F. No. 369. The motion prevailed.
Nash moved that the names of Swedzinski, Franson and Uglem be added as authors on H. F. No. 372. The motion prevailed.
Sanders moved that the name of Newton be added as an author on H. F. No. 374. The motion prevailed.
Atkins moved that the name of Schultz be added as an author on H. F. No. 375. The motion prevailed.
Zerwas moved that the names of Ward and Newton be added as authors on H. F. No. 376. The motion prevailed.
Dehn, R., moved that the name of Slocum be added as an author on H. F. No. 381. The motion prevailed.
Urdahl moved that the names of Ward and Bly be added as authors on H. F. No. 384. The motion prevailed.
Barrett moved that the name of Pugh be added as an author on H. F. No. 387. The motion prevailed.
Barrett moved that the names of Lucero and Pugh be added as authors on H. F. No. 388. The motion prevailed.
Urdahl moved that the names of Nelson and Kahn be added as authors on H. F. No. 391. The motion prevailed.
Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, February 2, 2015. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, February 2, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives