Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11243

 

 

STATE OF MINNESOTA

 

 

EIGHTY-FIFTH SESSION - 2008

 

_____________________

 

ONE HUNDRED ELEVENTH DAY

 

Saint Paul, Minnesota, Monday, May 5, 2008

 

 

The House of Representatives convened at 11:00 a.m. and was called to order by Chris DeLaForest, Speaker pro tempore.

 

Prayer was offered by Deacon Martin JaQues, Our Lady of Guadalupe Church, St. Paul, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

A quorum was present.

 

Kranz was excused.

 

Hornstein was excused until 8:20 p.m.

 

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


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11244

REPORTS OF CHIEF CLERK

 

S. F. No. 1128 and H. F. No. 219, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Walker moved that the rules be so far suspended that S. F. No. 1128 be substituted for H. F. No. 219 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2468 and H. F. No. 2972, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Mahoney moved that the rules be so far suspended that S. F. No. 2468 be substituted for H. F. No. 2972 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 2651 and H. F. No. 3280, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Dill moved that the rules be so far suspended that S. F. No. 2651 be substituted for H. F. No. 3280 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3058 and H. F. No. 3725, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Madore moved that the rules be so far suspended that S. F. No. 3058 be substituted for H. F. No. 3725 and that the House File be indefinitely postponed. The motion prevailed.

 

 

S. F. No. 3193 and H. F. No. 3371, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Tingelstad moved that the rules be so far suspended that S. F. No. 3193 be substituted for H. F. No. 3371 and that the House File be indefinitely postponed. The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11245

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2008

 

Date Filed

2008

 

2667 213 2:51 p.m. April 24 April 24

2765 214 2:59 p.m. April 24 April 24

2915 215 3:04 p.m. April 24 April 24

3082 216 3:06 p.m. April 24 April 24

2828 217 3:08 p.m. April 24 April 24

2399 218 3:13 p.m. April 24 April 24

3225 219 3:16 p.m. April 24 April 24

2024 220 3:17 p.m. April 24 April 24

3286 221 3:18 p.m. April 24 April 24

2377 222 3:19 p.m. April 24 April 24

3571 223 3:20 p.m. April 24 April 24

3647 224 3:21 p.m. April 24 April 24

2936 225 3:35 p.m. April 24 April 24

3021 226 3:26 p.m. April 24 April 24

2642 227 3:29 p.m. April 24 April 24

3263 228 3:32 p.m. April 24 April 24

3119 229 3:34 p.m. April 24 April 24

3227 230 3:36 p.m. April 24 April 24

3446 231 3:37 p.m. April 24 April 24

 

 

Sincerely,

 

Mark Ritchie

Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 25, 2008

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11246

Dear Speaker Kelliher:

 

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

H. F. No. 3500, relating to business organizations; proposing technical amendments to the Business Corporations Act, the Limited Liability Company Act, and the Uniform Limited Partnership Act of 2001; authorizing the formation of nonprofit limited liability companies.

 

H. F. No. 2896, relating to public buildings; removing a requirement that a city hold a referendum before building, equipping, or maintaining a memorial for war veterans.

 

H. F. No. 3516, relating to real property; providing specification of certain information about a premises subject to foreclosure; providing for electronic recording; requiring a report.

 

 

Sincerely,

 

Tim Pawlenty

Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2008

 

Date Filed

2008

 

2564 232 3:55 p.m. April 25 April 25

3500 233 3:59 p.m. April 25 April 25

3049 234 3:56 p.m. April 25 April 25

3336 235 4:04 p.m. April 25 April 25

2896 236 4:06 p.m. April 25 April 25

3516 238 4:01 p.m. April 25 April 25

3214 240 3:58 p.m. April 25 April 25

3154 241 4:05 p.m. April 25 April 25

3342 242 4:14 p.m. April 25 April 25

2403 243 4:11 p.m. April 25 April 25


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11247

1298 244 4:16 p.m. April 25 April 25

2500 249 4:18 p.m. April 25 April 25

 

 

Sincerely,

 

Mark Ritchie

Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 28, 2008

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Kelliher:

 

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

H. F. No. 3662, relating to local government; providing for a public hearing and public testimony before making an appointment to fill a vacancy on a county board; changing the time period in which an appointment may be made.

 

H. F. No. 2904, relating to state government operations; establishing procedures for state agencies to assist communities to recover from a natural disaster.

 

H. F. No. 3569, relating to workers' health; directing the University of Minnesota to study workers' health including lung health; appropriating money.

 

 

Sincerely,

 

Tim Pawlenty

Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11248

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2008

 

Date Filed

2008

 

3139 245 4:27 p.m. April 28 April 28

3662 246 4:28 p.m. April 28 April 28

2904 247 4:30 p.m. April 28 April 28

3569 248 4:31 p.m. April 28 April 28

 

 

Sincerely,

 

Mark Ritchie

Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

I have the honor to inform you that the following enrolled Acts of the 2008 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2008

 

Date Filed

2008

 

3218 250 3:19 p.m. April 30 April 30

3069 251 3:20 p.m. April 30 April 30

2511 252 3:22 p.m. April 30 April 30

 

 

Sincerely,

 

Mark Ritchie

Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

 

H. F. No. 4015, A bill for an act relating to metropolitan government; directing the Metropolitan Airports Commission to enforce certain covenants.

 

Reported the same back with the following amendments:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11249

Page 1, delete line 11 and insert "forfeiture of future rent reductions that had been previously agreed to, pursuant to the terms of the covenants."

 

Page 1, line 12, delete "Airport" and insert "Airports"

 

 

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

 

The report was adopted.

 

 

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

 

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

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

 

The report was adopted.

 

 

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

 

H. F. No. 4223, A bill for an act relating to local government; authorizing alternative transfer procedure in Hennepin County for certain drainage system management; proposing coding for new law in Minnesota Statutes, chapter 383B.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. [157.175] DOGS; OUTDOOR FOOD AND BEVERAGE SERVICE ESTABLISHMENTS.

 

A municipality as defined under section 414.011, subdivision 2, may adopt an ordinance to permit dogs to accompany persons patronizing outdoor areas of food and beverage service establishments.

 

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

 

Sec. 2. [216C.42] BUSINESS ENERGY USE ACCOUNTABILITY.

 

Subdivision 1. Citation. This section may be cited as the Business Energy Accountability Act of 2008.

 

Subd. 2. Definition. For the purpose of this section, "municipality" means a statutory or home rule charter city or town, or county for unincorporated areas of a county.

 

Subd. 3. Energy accountability form. The commissioner of commerce shall create an energy inventory form for use by a municipality for purposes of subdivision 4. The form must be designed so a business can enter information concerning the following energy uses for the business:

 

(1) total gross electric use per year;

 

(2) electric supplier;

 

(3) total gross natural gas use per year;


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11250

(4) natural gas supplier;

 

(5) heating type;

 

(6) air conditioning type and use per year;

 

(7) business-owned motor vehicles;

 

(8) miles traveled by business-owned motor vehicles;

 

(9) chemicals used, including oils and cleaners;

 

(10) water use per year; and

 

(11) industrial sewage discharge.

 

The annual total gross use information required by clauses (1) and (3) must not require itemization by a business of each end use of electricity and natural gas.

 

The form must be designed, to the extent possible, so that its use by a municipality may qualify for federal grants available for the purpose of creating a greenhouse gas emission inventory.

 

Subd. 4. Municipal inventory. A municipality must make available to businesses located within the municipality the inventory form prescribed by subdivision 3. The business is not required to complete the inventory but may elect to do so and provide the completed inventory to the municipality. The municipality shall make the inventory available to the public by electronic or other means in a format that allows for convenient finding of an inventory for a particular business whether by alphabetically ordering the inventories by business or in some other convenient fashion.

 

Sec. 3. Minnesota Statutes 2006, section 365A.095, is amended to read:

 

365A.095 PETITION FOR REMOVAL OF DISTRICT; PROCEDURE; REFUND OF SURPLUS.

 

Subdivision 1. Petition; procedure. A petition signed by at least 75 percent of the property owners in the territory of the subordinate service district requesting the removal of the district may be presented to the town board. Within 30 days after the town board receives the petition, the town clerk shall determine the validity of the signatures on the petition. If the requisite number of signatures are certified as valid, the town board must hold a public hearing on the petitioned matter. Within 30 days after the end of the hearing, the town board must decide whether to discontinue the subordinate service district, continue as it is, or take some other action with respect to it.

 

Subd. 2. Option to refund surplus. If the district is removed under subdivision 1, after all outstanding obligations of the district have been paid in full, the town board may vote to refund any surplus tax revenue or service charge, or any part of it, collected from the district under section 365A.08. The refund must be distributed equally to the owners of any property within the discontinued district that were charged the extra tax or service fee during the most recent tax year for which the tax or service fee was imposed. Any surplus not refunded under this section must be transferred to the town's general fund.

 

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

 

Sec. 4. [383B.61] TRANSFER OF DRAINAGE SYSTEMS.

 

Subdivision 1. Applicability; definition. (a) This section applies to transfers of management jurisdiction for the drainage systems listed in paragraph (b) from Hennepin County to a water management authority, as defined under section 103E.005, subdivision 29. The transfer procedure described in this section is an alternative to the procedure prescribed in section 103E.812. Section 103E.812 does not apply to transfers under this section, except as specified in this section.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11251

(b) This section applies to transfer of the following drainage systems: Hennepin County Ditches 3, 6, 7, 9, 11, 12, 13, 16, 18, 19, 21, 22, 25, 26, 30, J-6, and J-20.

 

(c) For purposes of this section, "board" means the Hennepin County Board of Commissioners.

 

Subd. 2. Transfer procedure. (a) A water management authority may petition for transfer if the drainage system or portion of the drainage system proposed to be transferred lies within the jurisdictional boundaries of the water management authority. The petition must be in a form prescribed by the board and must provide that the transferred drainage system be managed according to a plan adopted under sections 103B.205 to 103B.255.

 

(b) Upon receipt of a petition under paragraph (a), the board shall set a date and location for public hearing and shall publish notice of the hearing in newspapers with general circulation in the affected areas at least 30 days prior to the hearing. The notice shall include a statement that property owners have a right to object to the transfer at the hearing.

 

(c) The hearing shall be conducted according to procedures established by the board. Transfer shall be completed upon approval of the board.

 

(d) Costs of the transfer proceedings shall be attributable according to section 103E.812, subdivision 6.

 

Subd. 3. Effect of transfer. The transfer of a drainage system under this section is not a compromise of any property right held by an owner of assessed property on the transferred drainage system and the rights of the property owners are as provided in section 103E.812, subdivision 7. Transfer of a drainage system under this section has the effect given under section 103E.812, subdivision 8.

 

Sec. 5. Minnesota Statutes 2006, section 394.26, is amended to read:

 

394.26 PUBLIC HEARINGS.

 

Subd. 1a. When required. In addition to public hearings required by section 375.51 prior to the adoption by ordinance of any comprehensive plan or amendments thereto or of any official control or amendment thereto, public hearings shall be held before any conditional use permit, interim use permit, any variance, and any or proposal for a subdivision is approved or denied by the responsible authority, and in circumstances where a public hearing is otherwise required by sections 394.21 to 394.37. Such public hearings may be continued from time to time and additional hearings may be held.

 

Subd. 2. Notice. Notice of the time, place, and purpose of any public hearing shall be given by publication in a newspaper of general circulation in the town, municipality, or other area concerned, and in the official newspaper of the county, at least ten days before the hearing, except that notice of public hearings in connection with the adoption by ordinance of any comprehensive plan or amendments thereto or adoption or amendment of any official controls shall be given in the manner provided by section 375.51, subdivision 2. In addition to the requirements of section 375.51, subdivision 2, written notice of public hearings on all official controls and amendments thereto shall be sent to the governing bodies of all towns and all municipalities located within the county. Written notice of public hearings regarding the application of official controls to specific properties, including but not limited to conditional uses, variances, interim uses, zoning regulations, and subdivision regulations, shall be sent to all property owners of record within 500 feet of the affected property in incorporated areas. In unincorporated areas, the written notice shall be sent to property owners as follows:

 

(a) in the case of variances, to owners of record within 500 feet of the affected property;

 

(b) in the case of conditional uses and interim uses, to owners of record within one-quarter mile of the affected property or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners;

 

(c) in the case of all other official controls, including but not limited to zoning regulations and subdivision regulations, to owners of record within one-half mile of the affected property.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11252

Written notice shall also be given to the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.

 

Subd. 3a. Who runs hearing. The board may assign responsibility to conduct public hearings for one or more purposes to the planning commission, board of adjustment or any official or employee of the county, except as provided in section 375.51.

 

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

 

Sec. 6. [394.303] INTERIM USES.

 

Subdivision 1. Definition. An "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

 

Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if:

 

(1) the use conforms to the zoning regulations;

 

(2) the date or event that will terminate the use can be identified with certainty;

 

(3) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

 

(4) the user agrees to any conditions that the governing body deems appropriate for permission of the use.

 

Any interim use may be terminated by a change in zoning regulations.

 

Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 394.26.

 

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

 

Sec. 7. Minnesota Statutes 2006, section 410.05, subdivision 5, is amended to read:

 

Subd. 5. Discharge. (a) A charter commission in a statutory city may be discharged as follows:

 

(1) if the charter commission of a statutory city determines that a charter is not necessary or desirable, the commission may be discharged by a vote of three-fourths of its members.; or

 

(2) if a petition signed by registered voters equal in number to at least five percent of the registered voters in the city requesting a referendum to discharge the charter commission is filed with the city clerk, an election must be held on the issue at a general election or a special election pursuant to section 205.10. If a majority of the votes cast support the referendum, the charter commission shall be discharged.

 

(b) Another commission may not be formed sooner than one year from the date of discharge.

 

Sec. 8. Minnesota Statutes 2006, section 410.12, subdivision 7, is amended to read:

 

Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11253

affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such The petition shall must be signed by qualified registered voters equal in number to two percent of the total number of votes cast in the city at the last state general election at least five percent of the registered voters in the city or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters.

 

Sec. 9. Minnesota Statutes 2006, section 444.075, subdivision 3, is amended to read:

 

Subd. 3. Charges; net revenues. (a) To pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment, the maintenance, operation and use of the facilities, and of obtaining and complying with permits required by law, the governing body of a municipality or county may impose just and equitable charges for the use and for the availability of the facilities and for connections with them and make contracts for the charges as provided in this section. The charges may be imposed with respect to facilities made available by agreement with other municipalities, counties or private corporations or individuals, as well as those owned and operated by the municipality or county itself.

 

(b) Notwithstanding local charter restrictions, charges made for service rendered shall be as nearly as possible proportionate to the cost of furnishing the service.

 

Sec. 10. Minnesota Statutes 2006, section 508.82, subdivision 1, is amended to read:

 

Subdivision 1. Standard documents. The fees to be charged by the registrar of titles shall be and not exceed the following:

 

(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4), (11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury pursuant to section 508.75 and credited to the general fund;

 

(2) for registering a first certificate of title, including issuing a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3; and

 

(iii) $25.50 shall be deposited in the county general fund;

 

(3) for registering each instrument transferring the fee simple title for which a new certificate of title is issued and for the registration of the new certificate of title, including a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3; and

 

(iii) $24 shall be deposited in the county general fund;

 

(4) for the entry of each memorial on a certificate, $46. For multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11254

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3;

 

(iii) $24 shall be deposited in the county general fund; and

 

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

 

(5) for issuing each residue certificate and each additional new certificate, $40;

 

(6) for exchange certificates, $20 for each certificate canceled and $20 for each new certificate issued;

 

(7) for each certificate showing condition of the register, $50;

 

(8) for any certified copy of any instrument or writing on file or recorded in the registrar of titles' office, $10;

 

(9) for a noncertified copy of any certificate of title, other than the copies issued under clauses (2) and (3), any instrument or writing on file or recorded in the office of the registrar of titles, or any specified page or part of it, an amount as determined by the county board for each page or fraction of a page specified. If computer or microfilm printers are used to reproduce the instrument or writing, a like amount per image;

 

(10) for a noncertified copy of any document submitted for recording, if the original document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy or duplicate original and payment of the fee, a registrar of titles shall return it marked "copy" or "duplicate," showing the recording date and, if available, the document number assigned to the original;

 

(11) for filing two copies of any plat, other than a CIC plat complying with section 515B.2-110, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3; and

 

(iii) $34 shall be deposited in the county general fund;

 

(12) for any other service under this chapter, such fee as the court shall determine;

 

(13) for filing an amendment to a declaration in accordance with chapter 515, $46 for each certificate upon which the document is registered and for multiple certificate entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter 515. for filing any document affecting two or more units in a condominium governed by chapter 515, $46 for the first certificate upon which the document is registered, and for multiple certificate entries, $20 for each additional certificate upon which the document is registered. For purposes of this paragraph, an amendment to the declaration of a condominium governed by chapter 515 and a related amendment to the condominium floor plans shall be considered a single document, and the filing fee shall be $56 for the first certificate upon which the document is registered, and for multiple certificate entries, $20 for each additional certificate upon which the document is registered. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3;

 

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

 

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

 

(v) $34 shall be deposited in the county general fund for an amended floor plan;

 

(14) for issuance of a CECT pursuant to section 508.351, $40;


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(15) for filing an amendment to a common interest community declaration, including a supplemental declaration, and plat or amendment complying with section 515B.2-110, subsection (c), $46 for the first certificate upon which the document is registered and for multiple certificate entries, $20 thereafter and $56 for the filing of the condominium or common interest community plat or amendment. See section 515B.1-116 for special requirement relating to a common interest community. for filing a common interest community declaration and a CIC plat complying with section 515B.2-110, paragraph (c); an amendment to a common interest community declaration and a related amendment to a CIC plat complying with section 515B.2-110, paragraph (c); or a supplemental declaration and a related supplemental CIC plat complying with section 515B.2-110, paragraph (c), each of which related documents shall be considered a single document, the filing fee shall be $56 for the first certificate upon which the document is registered, and for multiple certificate entries, $20 for each additional certificate upon which the document is registered. For filing any other document affecting two or more units in a common interest community, the filing fee shall be $46 for the first certificate upon which the document is registered, and for multiple certificate entries, $20 for each additional certificate upon which the document is registered. The same fees shall apply to filing any document affecting two or more units or other parcels subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3;

 

(iii) $24 shall be deposited in the county general fund for the filing of an amendment complying with section 515B.2-110, subsection (c);

 

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

 

(v) $34 shall be deposited in the county general fund for the filing of a condominium or CIC plat or amendment;

 

(16) for a copy of a condominium floor plan filed in accordance with chapter 515, or a copy of a common interest community plat complying with section 515B.2-110, subsection (c), the fee shall be $1 for each page of the floor plan or common interest community plat with a minimum fee of $10;

 

(17) for the filing of a certified copy of a plat of the survey pursuant to section 508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3; and

 

(iii) $24 shall be deposited in the county general fund;

 

(18) for filing a registered land survey in triplicate in accordance with section 508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:

 

(i) $12 shall be paid to the state treasury and credited to the general fund;

 

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision 3; and

 

(iii) $34 shall be deposited in the county general fund; and

 

(19) for furnishing a certified copy of a registered land survey in accordance with section 508.47, subdivision 4, $15.

 

Sec. 11. Minnesota Statutes 2006, section 515B.1-116, is amended to read:

 

515B.1-116 RECORDING.


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(a) A declaration, bylaws, any amendment to a declaration or bylaws, and any other instrument affecting a common interest community shall be entitled to be recorded. In those counties which have a tract index, the county recorder shall enter the declaration in the tract index for each unit or other tract affected. The county recorder shall not enter the declaration in the tract index for lands described as additional real estate, unless such lands are added to the common interest community pursuant to section 515B.2-111. The registrar of titles shall file the declaration in accordance with section 508.351 or 508A.351. The registrar of titles shall not file the declaration upon certificates of title for lands described as additional real estate, unless such lands are added to the common interest community pursuant to section 515B.2-111.

 

(b) The recording officer shall upon request promptly assign a number (CIC number) to a common interest community to be formed or to a common interest community resulting from the merger of two or more common interest communities.

 

(c) Documents recorded pursuant to this chapter shall in the case of registered land be filed, and references to the recording of documents shall mean filed in the case of registered land.

 

(d) Subject to any specific requirements of this chapter, if a recorded document relating to a common interest community or a master association purports to require a certain vote or signatures approving any restatement or amendment of the document by a certain number or percentage of unit owners or secured parties, and if the amendment or restatement is to be recorded, an affidavit of the president or secretary of the association stating that the required vote or signatures have been obtained shall be attached to the document to be recorded and shall constitute prima facie evidence of the representations contained therein.

 

(e) If a common interest community is located on registered land, the recording fee for any document affecting two or more units shall be $46 for the first ten affected certificates and $10 for each additional affected certificate. This provision shall not apply to recording fees for deeds of conveyance, with the exception of deeds given pursuant to sections 515B.2-119 and 515B.3-112. The same fees shall apply to recording any document affecting two or more units or other parcels of real estate subject to a master declaration.

 

(f) (e) Except as permitted under this subsection, a recording officer shall not file or record a declaration creating a new common interest community, unless the county treasurer has certified that the property taxes payable in the current year for the real estate included in the proposed common interest community have been paid. This certification is in addition to the certification for delinquent taxes required by section 272.12. In the case of preexisting common interest communities, the recording officer shall accept, file, and record the following instruments, without requiring a certification as to the current or delinquent taxes on any of the units in the common interest community: (i) a declaration subjecting the common interest community to this chapter; (ii) a declaration changing the form of a common interest community pursuant to section 515B.2-123; or (iii) an amendment to or restatement of the declaration, bylaws, or CIC plat. In order for an instrument to be accepted and recorded under the preceding sentence, the instrument must not create or change unit or common area boundaries.

 

Sec. 12. Laws 2006, chapter 269, section 2, is amended to read:

 

Sec. 2. DEDICATION FEE.

 

The Minneapolis Park and Recreation Board and the Minneapolis City Council may jointly exercise the powers conferred under Minnesota Statutes, section 462.358, with respect to requiring that a reasonable portion of land be dedicated to the public or imposing a dedication fee on new housing units and new commercial and industrial development in the city, wherever located, for public parks, playgrounds, recreational facilities, wetlands, trails, or open space. The dedication of land or dedication fee must be imposed by an ordinance jointly enacted by the park board and the city council. The ordinance may exclude senior housing and affordable housing from paying the fee or the dedication of land. The provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph (b), and 2c, apply to the imposition, application, and use of the dedication of land or the dedication fee.

 

EFFECTIVE DATE. This section is effective upon compliance by the Minneapolis Park and Recreation Board and the Minneapolis City Council with Minnesota Statutes, section 645.021."


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11257

Delete the title and insert:

 

"A bill for an act relating to local government; providing for municipal regulation of dogs in outdoor eating areas; establishing the Business Energy Accountability Act; modifying subordinate service district provisions; providing for transfer of certain drainage systems; providing for interim uses in zoning; modifying charter commission provisions; modifying title registrars' fees; modifying Minnesota Common Interest Ownership Act; modifying Minneapolis dedication fee provisions; amending Minnesota Statutes 2006, sections 365A.095; 394.26; 410.05, subdivision 5; 410.12, subdivision 7; 444.075, subdivision 3; 508.82, subdivision 1; 515B.1-116; Laws 2006, chapter 269, section 2; proposing coding for new law in Minnesota Statutes, chapters 157; 216C; 383B; 394."

 

 

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

 

The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. Nos. 1128, 2468, 2651, 3058 and 3193 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House File was introduced:

 

 

Slawik introduced:

 

H. F. No. 4230, A bill for an act relating to health; establishing a task force to study and make recommendations on violence against mental health care workers.

 

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

 

 

The Speaker assumed the Chair.

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Madam Speaker:

 

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

 

H. F. No. 2996, A bill for an act relating to public safety; allowing persons facing civil commitment as sexually dangerous persons or sexual psychopathic personalities to choose to be confined in correctional facilities while the petition is being adjudicated; addressing the cost of care for persons facing civil commitment; addressing access to


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11258

certain data; modifying intensive supervised release provisions; modifying fireworks provisions; modifying registration requirements for predatory offenders; establishing a working group to review, assess, and make recommendations regarding the modification and application of controlled substance laws; providing for a report; requiring studies; amending Minnesota Statutes 2006, sections 13.851, by adding a subdivision; 243.166, subdivisions 1a, 3a, 4; 243.167, subdivision 2; 244.05, subdivision 6; 253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185, subdivision 5; 299C.41, as added if enacted; 609.115, by adding a subdivision; 624.20, subdivision 1; 641.05; Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b.

 

The Senate has appointed as such committee:

 

Senators Higgins, Moua and Ingebrigtsen.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Madam Speaker:

 

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

 

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

 

The Senate has appointed as such committee:

 

Senators Anderson, Kubly and Frederickson.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Madam Speaker:

 

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

 

H. F. No. 3346, A bill for an act relating to housing; providing assistance to prevent mortgage foreclosure; increasing the maximum amount of financial assistance; amending Minnesota Statutes 2006, section 462A.209, subdivision 7.

 

The Senate has appointed as such committee:

 

Senators Higgins, Dahle and Koch.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11259

Madam Speaker:

 

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

 

H. F. No. 3800, A bill for an act relating to transportation; modifying or adding provisions relating to highways, motor vehicles, traffic regulations, drivers' licenses and records, transit, railroads, motor carriers, and other transportation-related programs or activities; imposing penalties; requiring reports; making technical and clarifying corrections; amending Minnesota Statutes 2006, sections 86B.825, subdivision 5; 123B.88, subdivision 3; 161.081, subdivision 3, as amended, by adding subdivisions; 168.011, subdivision 7; 168.012, subdivision 1; 168.021, subdivisions 1, 2; 168.09, subdivision 7; 168.185; 168A.03, subdivision 1; 168A.05, subdivision 9; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding subdivisions; 168B.08, subdivision 1; 168B.087, subdivision 1; 169.01, subdivisions 55, 76, by adding subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 169.224; 169.67, subdivision 3; 169.781, subdivisions 1, 2, 5; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 169.85, subdivision 1; 169.86, by adding a subdivision; 169A.03, subdivision 23; 171.01, subdivisions 35, 46; 171.02, by adding a subdivision; 171.03; 171.055, subdivisions 1, 2; 171.0701; 171.12, subdivision 6; 171.13, by adding a subdivision; 171.165, subdivision 2; 171.321, subdivision 1; 174.02, subdivision 2; 174.03, subdivision 1; 174.24, by adding a subdivision; 221.011, by adding a subdivision; 221.031, subdivision 1; 221.036, subdivisions 1, 3; 221.121, subdivisions 1, 6a; 221.151, subdivision 1; 299D.03, subdivision 1; 299D.06; 473.1465, by adding a subdivision; 473.388, subdivision 2; 473.399, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections 168.017, subdivision 3; 169.443, subdivision 9; 171.02, subdivision 2; Laws 2002, chapter 393, section 85; Laws 2008, chapter 152, article 2, sections 1; 3, subdivision 2; article 3, sections 6; 8; article 6, section 7; proposing coding for new law in Minnesota Statutes, chapters 123B; 169; 171; 174; 219; repealing Minnesota Statutes 2006, sections 168B.087, subdivision 2; 169.145; 221.121, subdivision 4.

 

The Senate has appointed as such committee:

 

Senators Murphy, Dibble, Sieben, Jungbauer and Olseen.

 

Said House File is herewith returned to the House.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 3494, A bill for an act relating to employment; providing up to three hours of paid leave in any 12-month period for state employees to donate blood; authorizing employers to provide leave to employees to donate blood; proposing coding for new law in Minnesota Statutes, chapters 43A; 181.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Pelowski moved that the House refuse to concur in the Senate amendments to H. F. No. 3494, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11260

Madam Speaker:

 

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

 

S. F. No. 875, A bill for an act relating to employment; increasing and indexing the minimum wage; eliminating the training wage; requiring notice to new employees; amending Minnesota Statutes 2006, section 177.24, subdivision 1, by adding a subdivision.

 

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

 

Senators Anderson, Clark and Tomassoni.

 

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

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Rukavina moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 875. The motion prevailed.

 

 

Madam Speaker:

 

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

 

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

 

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

 

Senators Torres Ray, Moua and Jungbauer.

 

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

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Madore moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3669. The motion prevailed.

 

 

Madam Speaker:

 

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

 

S. F. No. 3360, A bill for an act relating to animals; prohibiting the possession of certain items related to animal fighting; imposing criminal penalties; amending Minnesota Statutes 2006, section 343.31, subdivision 1.


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

 

Senators Foley, Moua and Ingebrigtsen.

 

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

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Mullery moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 3360. The motion prevailed.

 

 

Madam Speaker:

 

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

 

S. F. No. 651, A bill for an act relating to the environment; restricting the manufacture and sale of certain polybrominated diphenyl ethers; requiring a report; providing penalties; amending Minnesota Statutes 2007 Supplement, sections 325E.386; 325E.387, by adding a subdivision.

 

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

 

Senators Marty, Pappas, Carlson, Torres Ray and Fischbach.

 

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

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Clark moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 651. The motion prevailed.

 

 

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

 

RECESS

 

RECONVENED

 

The House reconvened and was called to order by the Speaker.

 

 

The following Conference Committee Report was received:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11262

CONFERENCE COMMITTEE REPORT ON H. F. NO. 2553

 

A bill for an act relating to state government; creating a catastrophe survivor compensation fund; appropriating money; amending Minnesota Statutes 2006, section 13.635, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 8A.

 

May 5, 2008

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 2553 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 2553 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2006, section 3.736, subdivision 4, is amended to read:

 

Subd. 4. Limits. The total liability of the state and its employees acting within the scope of their employment on any tort claim shall not exceed:

 

(a) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before January August 1, 2008 2007;

 

(b) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January August 1, 2008 2007, and before July 1, 2009;

 

(c) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

 

(d) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000;

 

(e) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008;

 

(f) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009; or

 

(g) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009.


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If the amount awarded to or settled upon multiple claimants exceeds the applicable limit under clause (d), (e), (f), or (g), any party may apply to the district court to apportion to each claimant a proper share of the amount available under the applicable limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement bears to the aggregate awards and settlements for all claims arising out of the occurrence.

 

The limitation imposed by this subdivision on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort.

 

EFFECTIVE DATE. This section is effective retroactively from August 1, 2007.

 

Sec. 2. [3.7391] PURPOSE.

 

Subdivision 1. Findings; I-35W bridge. The legislature finds that the collapse of the Interstate Highway 35W bridge over the Mississippi River in Minneapolis on August 1, 2007, was a catastrophe of historic proportions. The bridge was the third-busiest in the state, carrying over 140,000 cars per day. Its collapse killed 13 people and injured more than 100. No other structure owned by this state has ever fallen with such devastating physical and psychological impact on so many.

 

Subd. 2. Compensation process. The establishment of a compensation process under sections 3.7391 to 3.7394 for survivors of the catastrophe furthers the public interest by providing a remedy for survivors while avoiding the uncertainty and expense of potentially complex and protracted litigation to resolve the issue of the liability of the state, a municipality, or their employees for damages incurred by survivors.

 

Subd. 3. Not an admission of liability. These findings are not an admission of liability of the state, a municipality, or their employees for damages caused by the catastrophe.

 

Sec. 3. [3.7392] DEFINITIONS.

 

Subdivision 1. Application. The definitions in this section apply to sections 3.7391 to 3.7394.

 

Subd. 2. Catastrophe. "Catastrophe" means the collapse of the I-35W bridge over the Mississippi River in Minneapolis on August 1, 2007.

 

Subd. 3. Damages. "Damages" means damages that are compensable under state tort law and damages for wrongful death that are compensable under section 573.02. Damages do not include punitive damages or attorney fees or other fees incurred by a survivor in making a claim under this section or other law.

 

Subd. 4. Emergency relief fund. "Emergency relief fund" means the I-35W bridge emergency relief fund created by the state on November 30, 2007.

 

Subd. 5. Municipality. "Municipality" has the meaning given in section 466.01.

 

Subd. 6. Panel. "Panel" means the special master panel created under section 3.7393.

 

Subd. 7. State. "State" has the meaning given in section 3.732.

 

Subd. 8. Survivor. "Survivor" means a natural person who was present on the I-35W bridge at the time of the collapse. Survivor also includes:

 

(1) the parent or legal guardian of a survivor who is under 18 years of age;


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(2) a legally appointed representative of a survivor; or

 

(3) the surviving spouse or next of kin of a deceased survivor who would be entitled to bring an action under section 573.02.

 

Sec. 4. [3.7393] CONSIDERATION AND PAYMENT OF CLAIMS.

 

Subdivision 1. Special master panel. The chief justice of the Supreme Court shall establish a special master panel to consider claims, make offers of settlement, and enter into settlement agreements with survivors on behalf of the state. The panel must be established by June 30, 2008. The panel must consist of three attorneys. Members of the panel must have experience in legal issues involving the settlement of tort claims and the determination of damages. The chief justice shall designate a member of the panel to serve as chair of the panel. The chief justice shall determine the pay and expenses to be received by the panel.

 

Subd. 2. Staff. Within the limits of available appropriations, the state court administrator, in consultation with the panel, shall hire employees or retain consultants necessary to assist the panel in performing its duties under this section. Employees are in the unclassified state civil service. The panel may also use consultants who are under a contract with the state or current state employees to assist the panel in processing claims under this section.

 

Subd. 3. Records. Records of the panel related to a claim filed by a survivor, an offer of settlement, or an acceptance or rejection of an offer are not accessible to the public except for:

 

(1) the name of the survivor; and

 

(2) the terms of any written settlement agreement between the survivor and the state.

 

Subd. 4. Procedure. Consistent with sections 3.7391 to 3.7394, the panel may adopt and modify procedures, rules, and forms for considering claims, making offers of settlement, entering into settlement agreements, and considering requests for and making supplemental payments. The panel must allow each survivor to appear in person before the panel or one of its members.

 

Subd. 5. Payment of panel expenses. The state court administrator shall forward documentation of salaries, expenses, and administrative costs under this section to the commissioner of finance for payment of those amounts.

 

Subd. 6. Immunity. Members of the panel and employees and consultants acting under the direction of the panel are absolutely immune from civil liability for any act or omission occurring within the scope of the performance of their duties under this section.

 

Subd. 7. General duties. The panel shall consider claims, make offers of settlement, and enter into settlement agreements with survivors as provided in this section. The panel must not consider negligence or any other theory of liability. The panel shall make offers of settlement and supplemental payments under this section with the assumption that no future appropriation will be available for these purposes and shall include a notice of this provision when making settlement offers.

 

Subd. 8. Effect and finality of offers and settlement agreements. (a) An offer of settlement made to a survivor under this section is considered for all purposes to be an offer to the survivor to settle a legal claim.

 

(b) A determination by the panel regarding an offer of settlement or settlement agreement or a supplemental payment is final and not subject to judicial review.


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(c) The amount of damages incurred by a survivor calculated by the panel pursuant to subdivision 10 may not be used in a subsequent court proceeding in evidence or otherwise to determine any rights, duties, or responsibilities of the state or any other party.

 

Subd. 9. Deadlines. In order to be eligible to receive an offer of settlement or enter into a settlement agreement under this section or to receive a supplemental payment under subdivision 12, a survivor must file a claim with the panel by October 15, 2008. Any offer of settlement must be made by February 28, 2009. A survivor must accept or reject the offer of settlement within 45 days after receiving the offer. Failure to accept an offer within 45 days is a rejection. A survivor who is eligible to receive a supplemental payment under subdivision 12 may choose to wait until the survivor's supplemental payment is calculated before accepting or rejecting an offer of settlement, provided that a survivor may not accept an offer of settlement later than 45 days after receiving notice of the proposed supplemental payment award. The decision to accept or reject an offer is irrevocable. The panel must notify a survivor of the deadlines for response to an offer of settlement as provided in this subdivision.

 

Subd. 10. Calculation of amount. The panel shall determine the total damages incurred by a survivor. The amount of an offer of settlement under this section must be calculated based on the total damages, less:

 

(1) payments made to the survivor up to the date the settlement offer is made from the collateral sources referred to in section 548.36, subdivision 1;

 

(2) any payment made to the survivor from the emergency relief fund; and

 

(3) any payments made or required to be made to the survivor by a third-party tortfeasor under the terms of a settlement or other agreement with the survivor that exists at the time the offer is made or a final judgment in favor of the survivor concerning claims of the survivor that relate to, involve, or arise out of the catastrophe.

 

Subd. 11. Offers of settlement; limit on amount. (a) The amount of an offer of settlement or payment required by a settlement agreement must not exceed $400,000. This limitation does not apply to a supplemental payment made under subdivision 12. An offer of settlement must be accompanied by a notice to the survivor of the remainder of the amount calculated under subdivision 10 that is not included in the offer because of the limitation under this paragraph and the amount of the remainder for which a supplemental payment may be awarded.

 

(b) Notwithstanding section 3.736, subdivision 4, clause (e), or section 466.04, subdivision 1, paragraph (a), clause (5), the $1,000,000 limitation on state or municipal liability for claims arising out of a single occurrence otherwise applicable to the catastrophe does not apply to payments made to survivors under this section. The amount that may be paid by the state is limited by the appropriations for this purpose.

 

Subd. 12. Supplemental payments. (a) For purposes of this subdivision, "uncompensated medical expenses" means:

 

(1) medical expenses less payments made to a survivor from collateral sources referred to in section 548.36, subdivision 1, that provide payments for medical expenses; and

 

(2) the present value of premiums, deductibles, and coinsurance payments for high-risk health plan coverage offered by the Minnesota Comprehensive Health Association or by another similar health plan.

 

(b) A survivor is eligible for a supplemental payment if the offer of settlement calculation for the survivor, as provided in subdivision 10, exceeds $400,000. The supplemental payment must be calculated based solely on that portion of the uncompensated medical expenses, loss of income, future earning capacity, or other financial support for which compensation was not received under the offer of settlement or settlement agreement under subdivision 11. A supplemental payment may only be made to a survivor who has accepted an offer of settlement, entered into a


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11266

settlement agreement, and executed a release under subdivision 13. Consistent with the requirements of this section, the panel shall establish necessary procedures and timelines for the award of supplemental payments. A supplemental payment may be made only for the following purposes, in the following order of priority:

 

(1) to pay uncompensated medical expenses in excess of those paid from the first $400,000; and

 

(2) to pay for loss of income, future earning capacity, or other financial support not included in the first $400,000.

 

No payment may be made to a survivor for loss of income under clause (2) unless and until all survivors have been fully paid for all medical expenses for which they are eligible under clause (1).

 

(c) If the available appropriation is insufficient to make full awards to all survivors eligible for a supplemental payment, the panel may award the payments based on a uniform percentage of the amount that is less than the full amount eligible for a supplemental payment or take other steps the panel considers necessary to ensure that the available appropriation is equitably distributed among all survivors who have requested and qualify for a supplemental payment, subject to the order of priority under this subdivision.

 

Subd. 13. Release. A survivor who accepts an offer of settlement from the panel must agree in writing and in a form developed by the panel, with the approval of the attorney general, to release the state and every municipality of this state and their employees from liability, including claims for damages, arising from the catastrophe and to cooperate with the state in pursuing claims the state may have against any other party. The release must also provide that the survivor will indemnify the state, a municipality, and their employees from any claim of contribution or indemnity, or both, made by other persons against the state, a municipality, and their employees and that the survivor will satisfy any judgment obtained by the survivor in an action against other persons to the extent of the release, if the claim or judgment relates in any way to a claim of the survivor arising from the catastrophe. The release must provide for the subrogation interest of the state under section 3.7394, subdivision 5. A survivor who previously has commenced an administrative, court, or other action against the state or a municipality of the state or their employees seeking recovery from loss resulting from the catastrophe must agree to dismiss or otherwise withdraw the action before receiving compensation under this section.

 

Subd. 14. Payment. The panel shall promptly forward to the commissioner of finance documentation of each settlement agreement that has been entered into under this section. Except as provided in section 3.7394, subdivision 4, paragraph (b), the commissioner of finance shall pay the agreed amount within 45 days after receiving the documentation and in the order in which the documentation from the panel was received.

 

Subd. 15. Election to proceed in district court. (a) A survivor may elect not to file a claim with the panel or not to accept an offer of settlement from the panel. A survivor who elects not to file a claim with the panel or not to accept an offer of settlement has not waived any legal rights that may be asserted against the state or a municipality or their employees and may proceed with a claim in district court.

 

(b) If a survivor elects not to accept an offer of settlement, the state or a municipality or their employees may not use any data provided by the survivor to the panel in a subsequent legal proceeding. The state or a municipality or their employees may obtain information, including data provided to the panel, through discovery or other legal processes.

 

Sec. 5. [3.7394] EFFECT OF SPECIAL COMPENSATION PROCESS; RELATIONSHIP TO OTHER LAW.

 

Subdivision 1. No state liability or duty created. The establishment of the special compensation process under section 3.7393 and the emergency relief fund, and an offer of settlement or a settlement agreement, is not an admission of liability by the state or a municipality or their employees and does not establish a duty of the state, a


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11267

municipality, or their employees to compensate survivors. The creation and funding of the compensation process under sections 3.7391 to 3.7394 or an offer of settlement or settlement agreement is not admissible in a judicial or administrative proceeding to establish liability or a legal duty.

 

Subd. 2. Payments as additional compensation. Payments made under section 3.7393 or from the emergency relief fund are intended to supplement and be in addition to any payments required to be made by a third party under law or contract.

 

Subd. 3. Payments from other sources. Notwithstanding any statutory or common law or agreement to the contrary, a person required to make payments, including future payments, to a survivor may not eliminate or reduce those payments as a result of compensation paid to the survivor under section 3.7393 or from the emergency relief fund or as a result of the survivor's release of claims against the state, a municipality, or their employees under section 3.7393. The obligation of any person other than the state to make payments to a survivor is primary as compared to any payment made or to be made under section 3.7393 or from the emergency relief fund. The persons referenced in and covered by this subdivision and subdivision 4 include, without limitation:

 

(1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are insurers or self-insurers;

 

(2) health plan companies, as defined in section 62Q.01, subdivision 4, including the Minnesota Comprehensive Health Association created under section 62E.10;

 

(3) insurance companies, as defined in section 60A.02, subdivision 4;

 

(4) self-insured pools of political subdivisions organized under section 471.617 or 471.981, including service cooperatives pools organized under section 123A.21;

 

(5) risk retention groups, as defined in section 60E.02, subdivision 12;

 

(6) joint self-insurance plans governed by chapter 60F;

 

(7) workers' compensation insurers and private self-insurers, as defined in section 79.01;

 

(8) the Minnesota Life and Health Insurance Guaranty Association governed by chapter 61B;

 

(9) the Minnesota Insurance Guaranty Association governed by chapter 60C;

 

(10) the Minnesota Joint Underwriting Association governed by chapter 62I;

 

(11) all insurers providing credit life, credit accident and health, and credit involuntary unemployment insurance under chapter 62B, but also including those coverages written in connection with real estate mortgage loans and those provided to borrowers at no additional cost;

 

(12) the Minnesota unemployment insurance program provided under chapter 268;

 

(13) coverage offered by the state under medical assistance, general assistance medical care, and MinnesotaCare; and

 

(14) any other plan providing health, life, disability income, or long-term care coverage.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11268

Subd. 4. No third-party subrogation or recovery. (a) Notwithstanding any statutory or common law or agreement to the contrary, a person who has paid benefits or compensation to or on behalf of a survivor does not have a subrogation or other right to recover those benefits or compensation by making a claim, or recovering from payments made, under section 3.7393 or from the emergency relief fund.

 

(b) Following a settlement agreement under section 3.7393, a person who believes that the state cannot constitutionally prohibit assertion of a subrogation claim and who is claiming a subrogation interest against the amount to be paid by the state has 40 days after the settlement agreement was entered into to provide notice to the state and the survivor of the person's intent to assert that interest, during which time the commissioner of finance must not make the payment. The subrogation claim is waived if the notice is not provided by the deadline. If no notice is received by the deadline, the commissioner of finance shall make the payment. If a notice of claim is received, the commissioner shall withhold the payment until the subrogee abandons or waives the subrogation claim.

 

Subd. 5. Reimbursement of state; right of subrogation. (a) Notwithstanding any statutory or common law to the contrary, the state is entitled to recover from any third party, including an agent, contractor, or vendor retained by the state, any payments made from the emergency relief fund or under section 3.7393 to the extent the third party caused or contributed to the catastrophe. The state is entitled to be reimbursed regardless of whether the survivor is fully compensated.

 

(b) Notwithstanding any statutory or common law to the contrary, the state is subrogated to all potential claims against third-party tortfeasors of a survivor receiving payment from the emergency relief fund or under section 3.7393 to the extent the claims relate to, involve, or arise out of the catastrophe. The subrogation right of the state under this subdivision is limited to the amount paid to the survivor from the emergency relief fund and under section 3.7393. The rights of the state under this subdivision are in addition to other remedies, claims, and rights relating to the catastrophe that the state may have against other persons for the recovery of monetary or other relief.

 

(c) A survivor must notify the state if the survivor has been fully compensated by third parties for damages caused by the catastrophe. A survivor is fully compensated if payments made or required to be made to the survivor by a third-party tortfeasor under the terms of a settlement agreement or other agreement with the survivor or a final judgment in favor of the survivor concerning claims that relate to, involve, or arise out of the catastrophe are equal to or greater than the total damages incurred by the survivor as determined by the panel under section 3.7393, subdivision 10. The state is entitled to be reimbursed by a survivor only to the extent that these payments are greater than the total damages incurred by the survivor.

 

Subd. 6. Amounts not considered for purposes of limit on government tort liability. Payments made to survivors under section 3.7393 or from the emergency relief fund are not to be considered in calculating the $1,000,000 limit on tort claims in civil actions against the state arising out of the catastrophe for purposes of section 3.736, subdivision 4, clause (e), or a municipality arising out of the catastrophe for purposes of section 466.04, subdivision 1, clause (5).

 

Sec. 6. APPROPRIATIONS.

 

Subdivision 1. Compensation to survivors. $24,000,000 is appropriated from the general fund to the commissioner of finance to make payments under settlement agreements entered into by the panel under Minnesota Statutes, section 3.7393, subdivision 11. This appropriation is available until June 30, 2010.

 

Subd. 2. Supplemental payments. $12,640,000 is appropriated from the general fund to the commissioner of finance to make supplemental payments under Minnesota Statutes, section 3.7393, subdivision 12. This appropriation is available until June 30, 2010.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11269

Subd. 3. Administrative expenses. $750,000 is appropriated from the general fund to the commissioner of finance to pay salaries, expenses, and administrative costs associated with making offers of settlement and entering into settlement agreements under Minnesota Statutes, section 3.7393. This appropriation is available until June 30, 2009.

 

Subd. 4. Waite House. $610,000 is appropriated from the general fund to the commissioner of finance for a grant to Pillsbury United Communities in Minneapolis, to allow Waite House in Minneapolis to provide services to youth and families of youth who were on a school bus on the I-35W bridge when the bridge collapsed. Services paid for with this appropriation must not be services that could have been funded by settlement payments made to survivors. The commissioner must pay the first half of the grant by June 30, 2008, and pay the second half of the grant on June 30, 2009. Pillsbury United Communities must report to the chairs of the senate Finance and house Ways and Means Committees by June 30, 2009, and June 30, 2010, on expenditure of money under this subdivision. The appropriation is available until June 30, 2010.

 

Subd. 5. Report. The commissioner of finance must report to the legislature by January 15 in each of 2009, 2010, and 2011, on expenditure of the appropriations in this section. The report must list the amount of compensation paid to each survivor and must list administrative expenses incurred by the special master panel.

 

Sec. 7. EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; providing an alternative compensation and settlement process for survivors of the I-35W catastrophe; appropriating money; amending Minnesota Statutes 2006, section 3.736, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 3."

 

 

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

 

House Conferees: Ryan Winkler, Phyllis Kahn, Loren Solberg, Steve Simon and Chris DeLaForest.

 

Senate Conferees: Ron Latz, David W. Hann, Linda Scheid, Don Betzold and Mee Moua.

 

 

Winkler moved that the report of the Conference Committee on H. F. No. 2553 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

H. F. No. 2553, A bill for an act relating to state government; creating a catastrophe survivor compensation fund; appropriating money; amending Minnesota Statutes 2006, section 13.635, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 8A.

 

 

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


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11270

The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 5 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Buesgens

Emmer

Hackbarth

Holberg

Olson


 

 

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

 

 

MESSAGES FROM THE SENATE, Continued

 

 

The following message was received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 3222, A bill for an act relating to human services; amending health care services provisions; making changes to general assistance medical care, medical assistance, and MinnesotaCare; modifying claims, liens, and treatment of assets; establishing a statewide information exchange; amending Minnesota Statutes 2006, sections 245.462, subdivision 18; 245.470, subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.056, subdivisions 2, 4a, 11, by adding a subdivision; 256B.057, subdivision 1; 256B.0571, subdivisions 8, 9, 15, by adding a subdivision; 256B.058; 256B.059, subdivisions 1, 1a; 256B.0594; 256B.0595, subdivisions 1, 2, 3, 4, by adding subdivisions; 256B.0624, subdivisions 5, 8; 256B.0625, subdivision 13g; 256B.075, subdivision 2;


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11271

256B.0943, subdivision 1; 256B.15, subdivision 4; 256B.69, subdivisions 6, 27, 28; 256J.08, subdivision 73a; 524.3-803; Minnesota Statutes 2007 Supplement, sections 256.01, subdivision 2b; 256B.055, subdivision 14; 256B.0623, subdivision 5; 256B.0625, subdivision 49; 256D.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

Colleen J. Pacheco, Second Assistant Secretary of the Senate

 

 

Huntley moved that the House refuse to concur in the Senate amendments to H. F. No. 3222, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 651:

 

Clark, Laine, Thissen, Madore and Abeler.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 875:

 

Rukavina, Slocum and Howes.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3222:

 

Huntley; Murphy, E., and Erhardt.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3494:

 

Pelowski, Kahn, Poppe, Morgan and Peterson, N.

 

 

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 3669:

 

Madore, Tschumper and Heidgerken.

 

 

REPORT FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

Sertich from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Supplemental Calendar for the Day for Monday, May 5, 2008:

 

H. F. No. 3539; S. F. Nos. 2533 and 3096; and H. F. Nos. 3969 and 2291.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11272

CALENDAR FOR THE DAY

 

 

H. F. No. 3969, A bill for an act relating to state government; authorizing the secretary of state to transfer funds; amending Laws 2007, chapter 148, article 1, section 7.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

The bill was passed and its title agreed to.

 

 

H. F. No. 2291 was reported to the House.

 

 

Erickson moved to amend H. F. No. 2291, the first engrossment, as follows:

 

Page 1, line 20, delete "or other"

 

Page 1, line 21, delete "determination"

 

Page 1, line 22, reinstate the stricken language and delete the new language

 

Page 1, delete lines 23 to 24

 

Page 2, delete lines 1 to 24


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11273

Page 2, line 25, delete the new language

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Erickson amendment and the roll was called. There were 47 yeas and 85 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Peterson, S.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Erickson moved to amend H. F. No. 2291, the first engrossment, as follows:

 

Page 1, delete section 1

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11274

The question was taken on the Erickson amendment and the roll was called. There were 47 yeas and 85 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Howes

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Norton

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Erickson moved to amend H. F. No. 2291, the first engrossment, as follows:

 

Page 2, delete subdivision 1a

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Erickson amendment and the roll was called. There were 55 yeas and 75 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Benson

Berns

Bigham

Brod

Bunn

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Howes

Kohls

Lanning

Liebling

Magnus

McFarlane

McNamara

Morgan

Nornes

Norton

Olson

Ozment

Paulsen

Pelowski

Peppin

Peterson, N.

Peterson, S.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11275

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Swails

Tingelstad

Welti

Westrom

Wollschlager

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Bly

Brown

Brynaert

Carlson

Clark

Cornish

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morrow

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Peterson, A.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Winkler

Spk. Kelliher


 

 

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

 

 

Erickson moved to amend H. F. No. 2291, the first engrossment, as follows:

 

Page 3, lines 1 and 3, delete "2008-2009," and delete the second comma

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

H. F. No. 2291, A bill for an act relating to education; modifying provisions governing appeals of graduation test scores; amending Minnesota Statutes 2006, section 120B.36, as amended.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 86 yeas and 46 nays as follows:

 

Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz

Gardner

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11276

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Bunn

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Kohls

Lanning

Magnus

McNamara

Nornes

Norton

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Peterson, S.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Wardlow

Westrom

Zellers


 

 

The bill was passed and its title agreed to.

 

 

FISCAL CALENDAR

 

 

Pursuant to rule 1.22, Solberg requested immediate consideration of H. F. No. 3149.

 

 

H. F. No. 3149 was reported to the House.

 

 

The Speaker called Juhnke to the Chair.

 

 

Lenczewski moved to amend H. F. No. 3149, the second engrossment, as follows:

 

Page 3, delete lines 21 to 26 and insert:

 

"(1) for property taxes payable in 2009, 100 percent; and

 

(2) for property taxes payable in 2010 and thereafter, 60 percent."

 

Page 8, line 28, delete "and elimination of"

 

Page 10, line 9, delete "phaseout" and insert "limitation"

 

Page 10, line 18, delete "phaseout" and insert "limitation"

 

Page 10, line 29, delete "phaseout" and insert "limitation"

 

Page 12, after line 11, insert:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11277

"Sec. 10. TAXPAYER ASSISTANCE SERVICES; HOMESTEAD CREDIT STATE REFUND.

 

(a) $100,000 in fiscal year 2009 is appropriated from the general fund to the commissioner of revenue to make grants to one or more nonprofit organizations, qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, to coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance services. The commissioner must award grants under this section so as to increase the availability of taxpayer assistance services after April 15th, to assist homeowners in filing claims for the homestead credit state refund, and to increase participation in the program. This appropriation is one-time and is not added to the agency's base budget.

 

(b) "Taxpayer assistance services" means accounting and tax preparation services provided by volunteers to low-income and disadvantaged Minnesota residents to help them file federal and state income tax returns, Minnesota renter property tax refund claims, and Minnesota homestead credit state refund claims, and may include provision of personal representation before the Department of Revenue and Internal Revenue Service."

 

Page 29, line 34, delete "biotechnology and medical"

 

Page 29, line 35, delete "devices" and insert "a qualified biotechnology or medical device field"

 

Page 32, line 11, delete "four" and insert "3.75" and delete "two" and insert "1.88"

 

Page 66, delete section 9 and insert:

 

"Sec. 9. Minnesota Statutes 2006, section 273.11, subdivision 14a, is amended to read:

 

Subd. 14a. Vacant land platted on or after August 1, 2001; located in metropolitan counties. (a) Except as provided in subdivision 14c, all land platted on or after August 1, 2001, located in a metropolitan county, and not improved with a permanent structure, shall be assessed as provided in this subdivision. The assessor shall determine the market value of each individual lot based upon the highest and best use of the property as unplatted land. In establishing the market value of the property, the assessor shall consider the sale price of the unplatted land or comparable sales of unplatted land of similar use and similar availability of public utilities.

 

(b) The market value determined in paragraph (a) shall be increased as follows for each of the three assessment years immediately following the final approval of the plat: one-third of the difference between the property's unplatted market value as determined under paragraph (a) and the market value based upon the highest and best use of the land as platted property shall be added in each of the three subsequent assessment years.

 

(c) Any increase in market value after the first assessment year following the plat's final approval shall be added to the property's market value in the next assessment year. Notwithstanding paragraph (b), if construction begins before the expiration of the three years in paragraph (b), that lot shall be eligible for revaluation in the next assessment year. The market value of a platted lot determined under this subdivision shall not exceed the value of that lot based upon the highest and best use of the property as platted land.

 

(d) For purposes of this section, "metropolitan county" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 10. Minnesota Statutes 2006, section 273.11, is amended by adding a subdivision to read:

 

Subd. 14c. Certain vacant land platted on or after August 1, 2001; located in metropolitan county. (a) All land platted on or after August 1, 2001, located in a metropolitan county and not improved with a structure shall be eligible for the phase-in assessment schedule under this subdivision, provided the property (i) is classified homestead under section 273.13, subdivision 22 or 23, in the assessment year prior to the year the initial platting begins on the property; (ii) has been owned or part-owned by the same person for the ten consecutive years prior to the initial platting; and (iii) remains under the same ownership in the current assessment year.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11278

(b) Based upon the assessor's records, the assessor shall obtain the estimated market value of each individual lot based upon the highest and best use of the property as unplatted land for the assessment year that the property was platted. In establishing the market value of the property, the assessor shall have considered the sale price of the unplatted land or comparable sales of unplatted land of similar use and similar availability of public utilities.

 

(c) To the market value determined in paragraph (b) shall be added one-seventh of the difference between the property's unplatted market value as determined under paragraph (b) and the market value based upon the highest and best use of the land as platted property in the current year, multiplied by the number of assessment years since the property was platted, in each of the subsequent assessment years.

 

(d) Notwithstanding paragraph (c), if the property is sold or transferred, or construction begins before the expiration of the phase-in in paragraph (c), that lot shall be eligible for revaluation in the next assessment year. The market value of a platted lot determined under this subdivision shall not exceed the value of that lot based upon the highest and best use of the property as platted land.

 

(e) Any owner of eligible property platted before July 1, 2008, must file an application with the assessor in order to receive the phase-in under this subdivision for the remainder of the seven-year period. The application must be filed before July 1 in order for the property to be eligible for the current year's assessment. The commissioner shall prescribe a uniform application form and instructions.

 

(f) For purposes of this section, "metropolitan county" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2009 and thereafter."

 

Page 112, after line 30, insert:

 

"Sec. 44. Minnesota Statutes 2006, section 275.70, is amended by adding a subdivision to read:

 

Subd. 6. Levy aid base. "Levy aid base" for a local governmental unit for a levy year means its total levy spread on net tax capacity, minus any amounts that would qualify as a special levy under section 275.70, and plus the sum of (1) the total amount of aids and reimbursements that the local governmental unit certified to receive under sections 477A.011 to 477A.014 in the same year, (2) taconite aids under sections 298.28 and 298.282 in the same year, including any aid which was required to be placed in a special fund for expenditure in the next succeeding year, and (3) payments to the local governmental unit under section 272.029 in the same year, adjusted for any error in estimation in the preceding year.

 

EFFECTIVE DATE. This section is effective for levies certified in calendar year 2009, payable in calendar year 2010, and thereafter.

 

Sec. 45. Minnesota Statutes 2006, section 275.71, is amended to read:

 

275.71 LEVY LIMITS.

 

Subdivision 1. Limit on levies. Notwithstanding any other provision of law or municipal charter to the contrary which authorize ad valorem taxes in excess of the limits established by sections 275.70 to 275.74, the provisions of this section apply to local governmental units for all purposes other than those for which special levies and special assessments are made. The limits under these sections only apply as follows:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11279

(1) to all counties in a levy year following a year in which the sum of their levy aid bases grew by a percent greater than the product of the (i) the percentage increase in the number of households in the state and (ii) the greater of three percent or the percentage growth in the implicit price deflator; and

 

(2) to all cities with a population of 2,500 or more, in a levy year following a year in which the sum of their levy aid bases grew by a percent greater than the product of the (i) the percentage increase in the sum of number of households in these cities, and (ii) the greater of three percent or the percentage growth in the implicit price deflator.

 

Subd. 2. Levy limit base. (a) The levy limit base for a local governmental unit for taxes levied in 2003 any year in which levy limits apply is equal to its adjusted levy limit base in the previous year, subject to any adjustments under section 275.72, plus any aid amounts received in 2003 under section 273.138 or 273.166, minus the difference between its levy limit under subdivision 5 for taxes levied in 2002 and the amount it actually levied under that subdivision in that year, and certified property tax replacement aid payable in 2003 under section 174.242.

 

(b) If no adjusted levy limit base was calculated for the previous year, the levy limit base for a local governmental unit is equal to its levy aid base from the previous year.

 

Subd. 3. Adjustments for state takeovers. (a) The levy limit base for each local unit of government shall be adjusted to reflect the assumption by the state of financing for certain government functions as indicated in this subdivision.

 

(b) For a county in a judicial district for which financing has not been transferred to the state by January 1, 2001, the levy limit base for 2001 is permanently reduced by the amount of the county's 2001 budget for court administration costs, as certified under section 273.1398, subdivision 4b, paragraph (b), net of the county's share of transferred fines and fees collected by the district courts in the county for the same budget period.

 

(c) For a governmental unit which levied a tax in 2000 under section 473.388, subdivision 7, the levy limit base for 2001 is permanently reduced by an amount equal to the sum of the governmental unit's taxes payable 2001 nondebt transit services levy plus the portion of its 2001 homestead and agricultural credit aid under section 273.1398, subdivision 2, attributable to nondebt transit services.

 

(d) For counties in a judicial district in which the state assumed financing of mandated services costs as defined in section 480.181, subdivision 4, on July 1, 2001, the levy limit base for taxes levied in 2001 is permanently reduced by an amount equal to one-half of the aid reduction under section 273.1398, subdivision 4a, paragraph (g).

 

Subd. 4. Adjusted levy limit base. (a) For taxes levied in 2003 any year in which levy limits apply, the adjusted levy limit base is equal to the levy limit base computed under subdivisions subdivision 2 and 3 or section 275.72, reduced by 40 percent of the difference between (1) the sum of 2003 certified aid payments, under sections 273.138, 273.1398 except for amounts certified under subdivision 4a, paragraph (b), 273.166, 477A.011 to 477A.03, 477A.06, and 477A.07, before any reduction under Laws 2003, First Special Session chapter 21, articles 5 and 6, and (2) the sum of the aids paid in 2004 under those same sections, after any reductions in 2004 under Laws 2003, First Special Session chapter 21, articles 5 and 6. multiplied by:

 

(1) one plus the percentage growth in the implicit price deflator;

 

(2) one plus a percentage equal to the percentage increase in the number of households, if any, for the most recent 12-month period for which data is available; and

 

(3) one plus a percentage equal to 50 percent of the percentage increase in the taxable market value of the jurisdiction due to new construction of class 3 property, as defined in section 273.13, subdivision 4, except for state-assessed utility and railroad property, for the most recent year for which data is available.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11280

(b) For taxes levied in 2003 only, the adjusted levy limit base is increased by 60 percent of the difference between a jurisdiction's market value credit in 2003 before any reductions under Laws 2003, First Special Session chapter 21, articles 5 and 6, and its market value credit in 2004 after reductions in Laws 2003, First Special Session chapter 21, articles 5 and 6.

 

Subd. 5. Property tax levy limit. For taxes levied in 2003 years in which the levy limit applies, the property tax levy limit for a local governmental unit is equal to its adjusted levy limit base determined under subdivision 4 plus any additional levy authorized under section 275.73, which is levied against net tax capacity, reduced by the sum of (i) the total amount of aids and reimbursements that the local governmental unit is certified to receive under sections 477A.011 to 477A.014, except for the increases in city aid bases in calendar year 2002 under section 477A.011, subdivision 36, paragraphs (l), (n), and (o), (ii) homestead and agricultural aids it is certified to receive under section 273.1398, (iii) (ii) taconite aids under sections 298.28 and 298.282 including any aid which was required to be placed in a special fund for expenditure in the next succeeding year, (iv) temporary court aid under section 273.1398, subdivision 4a, and (v) (iii) estimated payments to the local governmental unit under section 272.029, adjusted for any error in estimation in the preceding year.

 

Subd. 6. Levies in excess of levy limits. If the levy made by a city or county exceeds the levy limit provided in sections 275.70 to 275.74, except when the excess levy is due to the rounding of the rate in accordance with section 275.28, the county auditor shall only extend the amount of taxes permitted under sections 275.70 to 275.74, as provided for in section 275.16.

 

EFFECTIVE DATE. This section is effective for levies certified in calendar year 2009, payable in 2010, and thereafter."

 

Page 138, line 1, delete "subdivisions 14 and 14a are" and insert "subdivision 14, is"

 

Page 201, line 23, strike "prescription" and insert "legend"

 

Page 201, line 26, strike "prescription" and insert "legend"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Lenczewski amendment and the roll was called. There were 121 yeas and 11 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

DeLaForest

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer

Erickson

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lenczewski

Lesch

Liebling

Lieder


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11281

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tingelstad

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Those who voted in the negative were:

 


Beard

Brod

Dean

Demmer

Erhardt

Finstad

Hamilton

Howes

Lanning

Peterson, N.

Scalze


 

 

The motion prevailed and the amendment was adopted.

 

 

Simpson moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 48, delete section 12

 

Page 60, delete lines 22 to 27

 

Page 60, after line 27, insert:

 

"ARTICLE 5

 

JOBZ REQUIREMENTS

 

Section 1. Minnesota Statutes 2006, section 116J.03, is amended by adding a subdivision to read:

 

Subd. 4. Targeted rural opportunity community. "Targeted rural opportunity community" means a city or township in a county that either lost population from 1980 to 2000 according to the decennial census or had an unemployment rate higher than the Minnesota state annual average in 2006 according to local area unemployment statistics published by the Department of Employment and Economic Development.

 

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

 

Sec. 2. Minnesota Statutes 2006, section 469.310, subdivision 11, is amended to read:

 

Subd. 11. Qualified business. (a) A person carrying on a trade or business at a place of business located within a job opportunity building zone is a qualified business for the purposes of sections 469.310 to 469.320 according to the criteria in paragraphs (b) to (f) (h).

 

(b) A person is a qualified business only on those parcels of land for which the person has entered into a business subsidy agreement, as required under section sections 469.3102 and 469.313, with the appropriate local government unit in which the parcels are located.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11282

(c) Prior to execution of the business subsidy agreement, the local government unit must consider the following factors:

 

(1) how wages compare to the regional industry average;

 

(2) the number of jobs that will be provided relative to overall employment in the community;

 

(3) the economic outlook for the industry the business will engage in;

 

(4) sales that will be generated from outside the state of Minnesota;

 

(5) how the business will build on existing regional strengths or diversify the regional economy;

 

(6) how the business will increase capital investment in the zone; and

 

(7) any other criteria the commissioner deems necessary.

 

(c) A business must achieve the goals listed in the business subsidy agreement within two years of the benefit date, or the business must repay the benefits listed in section 469.315. The commissioner of employment and economic development may extend the period for meeting any goals listed in a business subsidy agreement for up to one year if the commissioner has reason to believe the business will achieve the goals within the additional year.

 

(d) A person that begins or expands a trade or business is not a qualified business unless the business meets the requirements of paragraph (b) and increases full-time employment by a minimum of ten jobs within the first two years from the date the business subsidy agreement is signed, unless the business is located in a targeted rural opportunity community, in which case the business must increase full-time employment by a minimum of five jobs from the date the business subsidy agreement is signed.

 

(d) (e) A person that relocates a trade or business from outside a job opportunity building zone into a zone is not a qualified business unless the business meets all of the requirements of paragraphs paragraph (b) and (c) and:

 

(1) increases full-time employment in the first full year of operation within the job opportunity building zone within the first two years from the date the business subsidy agreement is signed by a minimum of five jobs or 20 percent, whichever is greater, measured relative to the operations that were relocated and maintains the required level of employment for each year the zone designation applies; and

 

(2) enters a binding written agreement with the commissioner business subsidy agreement that:

 

(i) pledges the business will meet the requirements of clause (1);

 

(ii) provides for repayment of all tax benefits enumerated under section 469.315 to the business under the procedures in section 469.319, if the requirements of clause (1) are not met for the taxable year or for taxes payable during the year in which the requirements were not met; and

 

(iii) contains any other terms the commissioner determines appropriate.

 

(e) (f) The commissioner may waive the requirements under paragraph (d), clause (1) or (e), if the commissioner determines that the qualified business will substantially achieve the factors under this subdivision waiver is necessary to retain an existing business from moving out of Minnesota.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11283

(f) (g) A business is not a qualified business if, at its location or locations in the zone, the business is primarily engaged in making retail sales to purchasers who are physically present at the business's zone location.

 

(g) (h) A qualifying business must pay each employee compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.

 

(h) (i) A public utility, as defined in section 336B.01, is not a qualified business.

 

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

 

Sec. 3. [469.3101] STATE REVIEW CRITERIA.

 

(a) The commissioner may only approve a business subsidy agreement if the commissioner determines that the expected net benefits of the proposed project to the state and local economy exceed the expected tax benefits received by the business. In making this determination, the commissioner must consider the following factors:

 

(1) local or Minnesota competitors of the business that will be significantly and adversely affected by the business subsidy agreement;

 

(2) other financial assistance that is available;

 

(3) the business would not have expanded or began operations in Minnesota without the expected tax benefits;

 

(4) the business would not have relocated from outside the state to Minnesota without the expected tax benefits;

 

(5) the business would have moved to another state or expanded in another state rather than remaining or expanding in Minnesota without the expected tax benefits; and

 

(6) any other factors that the commissioner determines are appropriate.

 

(b) The local government unit and the qualified business must provide the commissioner with the information that the commissioner needs to review a business subsidy agreement under paragraph (a). The information must be in the form and manner required by the commissioner.

 

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

 

Sec. 4. [469.3102] BUSINESS SUBSIDY AGREEMENTS; REPORTS.

 

Subdivision 1. JOBZ business subsidy agreement. A business subsidy agreement required under section 469.310, subdivision 11, paragraph (b), must comply with this section.

 

Subd. 2. Business subsidy agreement requirements. A business subsidy agreement is not effective until the commissioner has approved the agreement in writing. The commissioner may not approve an agreement that violates sections 116J.993 to 116J.995 or 469.310 to 469.3201. The commissioner may not approve an agreement unless:

 

(1) the qualified business is required to create or retain a minimum number of jobs;

 

(2) the agreement defines "jobs" for purposes of determining compliance with wage and job goals as all jobs and only those jobs that constitute "employment" for purposes of state unemployment insurance;


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11284

(3) the qualified business is required to report all jobs created or retained because of JOBZ as a separate business location for purposes of section 268.044; and

 

(4) the qualified business agrees to provide the appropriate data practices release so that the commissioner of revenue and the commissioner of employment and economic development can monitor compliance with the terms of the agreement.

 

Subd. 3. Standard agreement. The commissioner must develop and require the use of a standard business subsidy agreement that imposes definitive and enforceable obligations on the qualified business.

 

Subd. 4. Business subsidy reports. (a) A local government unit must annually report to the commissioner on the progress of the qualified business in meeting the goals listed in the business subsidy agreement. The report must be filed with the commissioner within 30 days of the end of the immediately preceding yearly period for which job creation, job retention, or investment obligations are imposed on a business and must be in a form prescribed by the commissioner. The commissioner must schedule department compliance reviews and reporting dates under business subsidy agreements so that reports are due throughout the year and compliance reviews are done on a continuous basis as reports are filed.

 

(b) The commissioner must hold a qualified business out of compliance or remove the business from the program if the qualified business fails to provide the information requested by the local government unit for the report under paragraph (a) within 30 days of written notice that the information is overdue. This report is in lieu of the reports required under section 116J.994, subdivisions 7 and 8.

 

Subd. 5. Public notice and hearing. A local government unit must provide public notice and hearing as required under section 116J.994, subdivision 5, before approving a business subsidy agreement. Public notice of a proposed business subsidy agreement must be published in a local newspaper of general circulation. The public hearing must be held in a location specified by the local government unit. Notwithstanding the requirements of section 116J.994, subdivision 5, the commissioner is not required to provide an additional public notice and hearing when entering into a business subsidy agreement with a local government unit and a qualified business.

 

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

 

Sec. 5. Minnesota Statutes 2006, section 469.312, subdivision 5, is amended to read:

 

Subd. 5. Duration limit. (a) The maximum duration of a zone is 12 years. The applicant may request a shorter duration. The commissioner may specify a shorter duration, regardless of the requested duration.

 

(b) The duration limit under this subdivision and the duration of the zone for purposes of allowance of tax incentives described in section 469.315 is extended by three calendar years for each parcel of property that meets the following requirements:

 

(1) the qualified business operates an ethanol plant, as defined in section 41A.09, on the site that includes the parcel; and

 

(2) the business subsidy agreement was executed after April 30, 2006.

 

(c)(1) Notwithstanding the 12-year zone limitation, all qualified businesses that sign a business subsidy agreement, as required under sections 469.310, subdivision 11, and 469.313, before December 31, 2015, are entitled to claim the tax benefits for which they qualify under section 469.315 for the year in which the business subsidy agreement is signed and ten additional years.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11285

(2) Notwithstanding the 12-year zone limitation, all qualified businesses that sign a business subsidy agreement, as required under sections 469.310, subdivision 11, and 469.313, before December 31, 2015, and are located in a targeted rural opportunity community, as defined under section 116J.03, subdivision 4, are entitled to claim the tax benefits for which they qualify under section 469.315 for the year in which the business subsidy agreement is signed and 12 additional years.

 

(3) This paragraph does not apply to:

 

(i) any acreage designated as a job opportunity building zone for which any person has fully executed a business subsidy agreement before this paragraph became effective; or

 

(ii) any trade or business that relocated as defined in section 469.310, subdivision 12, and received benefits under section 469.315 prior to the relocation.

 

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

 

Page 60, delete section 1

 

Page 92, delete section 25

 

Page 146, delete section 9

 

Page 147, delete sections 10 and 11

 

Page 148, delete sections 12 and 13

 

Page 150, delete section 14

 

Page 151, delete section 15

 

Page 160, delete sections 9, 10, and 11

 

Page 161, delete sections 12 and 13

 

Page 162, delete sections 14 and 15

 

Page 163, delete sections 16 and 17

 

Page 164, delete section 18

 

Renumber the articles and sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11286

The question was taken on the Simpson amendment and the roll was called. There were 56 yeas and 76 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Bly

Brod

Brown

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Haws

Heidgerken

Holberg

Hoppe

Howes

Juhnke

Kalin

Kohls

Lanning

Magnus

McFarlane

McNamara

Nornes

Otremba

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Gardner

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Kahn

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Olson

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Brown, Demmer, Poppe, Greiling, Morrow and Heidgerken moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 226, after line 28, insert:

 

"Sec. 4. Minnesota Statutes 2006, section 272.029, subdivision 6, is amended to read:

 

Subd. 6. Distribution of revenues. (a) Revenues from the taxes imposed under subdivision 5 must be part of the settlement between the county treasurer and the county auditor under section 276.09. The revenue must be distributed by the county auditor or the county treasurer to local taxing jurisdictions in which the wind energy conversion system is located as follows: beginning with distributions in 2006, 80 percent to counties; 14 percent to cities and townships; and six percent to school districts; and for distributions occurring in 2004 and 2005 in the same proportion that each of the local taxing jurisdiction's current year's net tax capacity based tax rate is to the current year's total local net tax capacity based rate.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11287

(b) For distributions for 2009 through 2013 only, the amounts paid to school districts under paragraph (a) are not subject to the county apportionment deduction required under section 126C.21, subdivision 3."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Ozment moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 69, line 18, after "estate" insert "located in a county that is not a metropolitan county as defined in section 473.121, subdivision 4, "

 

Page 70, after line 9, insert:

 

"Real estate located in a metropolitan county as defined in section 473.121, subdivision 4, consisting of ten acres or more or a nursery or greenhouse, and qualifying for classification as class 1b, 2a, or 2b under section 273.13, shall be entitled to valuation and tax deferment under this section if it is primarily devoted to agricultural use, and:

 

(1) is the homestead of the owner, or of a surviving spouse, child, or sibling of the owner or is real estate which is farmed with the real estate which contains the homestead property; or

 

(2) has been in possession of the applicant, the applicant's spouse, parent, or sibling, or any combination thereof, for a period of at least seven years prior to application for benefits under the provisions of this section, or is real estate which is farmed with the real estate which qualifies under this clause and is within four townships or cities or combination thereof from the qualifying real estate; or

 

(3) is the homestead of an individual who is part of an entity in compliance with section 500.24; or

 

(4) is in the possession of a nursery or greenhouse or an entity owned by a proprietor, partnership, or corporation which also owns the nursery or greenhouse operations on the parcel or parcels, provided that only the acres used to produce nursery stock qualify for treatment under this section."

 

Page 70, line 10, reinstate the stricken language

 

 

The motion prevailed and the amendment was adopted.

 

 

CALL OF THE HOUSE

 

On the motion of Simpson and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

 


Anderson, B.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Clark

Cornish

Davnie

Dean

DeLaForest

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Drazkowski

Eastlund

Eken

Emmer


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11288

Erhardt

Erickson

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Olson

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Severson

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

Sertich moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

 

 

Simpson, Cornish, Magnus, Urdahl, Shimanski, Lanning, Erickson, Finstad, Drazkowski, Gunther and Hamilton moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 48, delete section 12

 

Page 60, delete lines 22 to 27

 

Page 60, after line 27, insert:

 

"ARTICLE 5

 

JOBZ REQUIREMENTS

 

Section 1. Minnesota Statutes 2006, section 116J.03, is amended by adding a subdivision to read:

 

Subd. 4. Targeted rural opportunity community. "Targeted rural opportunity community" means a city or township in a county that either lost population from 1980 to 2000 according to the decennial census or had an unemployment rate higher than the Minnesota state annual average in 2006 according to local area unemployment statistics published by the Department of Employment and Economic Development.

 

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

 

Sec. 2. Minnesota Statutes 2006, section 469.310, subdivision 11, is amended to read:

 

Subd. 11. Qualified business. (a) A person carrying on a trade or business at a place of business located within a job opportunity building zone is a qualified business for the purposes of sections 469.310 to 469.320 according to the criteria in paragraphs (b) to (f) (h).

 

(b) A person is a qualified business only on those parcels of land for which the person has entered into a business subsidy agreement, as required under section sections 469.3102 and 469.313, with the appropriate local government unit in which the parcels are located.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11289

(c) Prior to execution of the business subsidy agreement, the local government unit must consider the following factors:

 

(1) how wages compare to the regional industry average;

 

(2) the number of jobs that will be provided relative to overall employment in the community;

 

(3) the economic outlook for the industry the business will engage in;

 

(4) sales that will be generated from outside the state of Minnesota;

 

(5) how the business will build on existing regional strengths or diversify the regional economy;

 

(6) how the business will increase capital investment in the zone; and

 

(7) any other criteria the commissioner deems necessary.

 

(c) A business must achieve the goals listed in the business subsidy agreement within two years of the benefit date, or the business must repay the benefits listed in section 469.315. The commissioner of employment and economic development may extend the period for meeting any goals listed in a business subsidy agreement for up to one year if the commissioner has reason to believe the business will achieve the goals within the additional year.

 

(d) A person that begins or expands a trade or business is not a qualified business unless the business meets the requirements of paragraph (b) and increases full-time employment by a minimum of ten jobs within the first two years from the date the business subsidy agreement is signed, unless the business is located in a targeted rural opportunity community, in which case the business must increase full-time employment by a minimum of five jobs from the date the business subsidy agreement is signed.

 

(d) (e) A person that relocates a trade or business from outside a job opportunity building zone into a zone is not a qualified business unless the business meets all of the requirements of paragraphs paragraph (b) and (c) and:

 

(1) increases full-time employment in the first full year of operation within the job opportunity building zone within the first two years from the date the business subsidy agreement is signed by a minimum of five jobs or 20 percent, whichever is greater, measured relative to the operations that were relocated and maintains the required level of employment for each year the zone designation applies; and

 

(2) enters a binding written agreement with the commissioner business subsidy agreement that:

 

(i) pledges the business will meet the requirements of clause (1);

 

(ii) provides for repayment of all tax benefits enumerated under section 469.315 to the business under the procedures in section 469.319, if the requirements of clause (1) are not met for the taxable year or for taxes payable during the year in which the requirements were not met; and

 

(iii) contains any other terms the commissioner determines appropriate.

 

(e) (f) The commissioner may waive the requirements under paragraph (d), clause (1) or (e), if the commissioner determines that the qualified business will substantially achieve the factors under this subdivision waiver is necessary to retain an existing business from moving out of Minnesota.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11290

(f) (g) A business is not a qualified business if, at its location or locations in the zone, the business is primarily engaged in making retail sales to purchasers who are physically present at the business's zone location.

 

(g) (h) A qualifying business must pay each employee compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.

 

(h) (i) A public utility, as defined in section 336B.01, is not a qualified business.

 

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

 

Sec. 3. [469.3101] STATE REVIEW CRITERIA.

 

(a) The commissioner may only approve a business subsidy agreement if the commissioner determines that the expected net benefits of the proposed project to the state and local economy exceed the expected tax benefits received by the business. In making this determination, the commissioner must consider the following factors:

 

(1) local or Minnesota competitors of the business that will be significantly and adversely affected by the business subsidy agreement;

 

(2) other financial assistance that is available;

 

(3) the business would not have expanded or began operations in Minnesota without the expected tax benefits;

 

(4) the business would not have relocated from outside the state to Minnesota without the expected tax benefits;

 

(5) the business would have moved to another state or expanded in another state rather than remaining or expanding in Minnesota without the expected tax benefits; and

 

(6) any other factors that the commissioner determines are appropriate.

 

(b) The local government unit and the qualified business must provide the commissioner with the information that the commissioner needs to review a business subsidy agreement under paragraph (a). The information must be in the form and manner required by the commissioner.

 

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

 

Sec. 4. [469.3102] BUSINESS SUBSIDY AGREEMENTS; REPORTS.

 

Subdivision 1. JOBZ business subsidy agreement. A business subsidy agreement required under section 469.310, subdivision 11, paragraph (b), must comply with this section.

 

Subd. 2. Business subsidy agreement requirements. A business subsidy agreement is not effective until the commissioner has approved the agreement in writing. The commissioner may not approve an agreement that violates sections 116J.993 to 116J.995 or 469.310 to 469.3201. The commissioner may not approve an agreement unless:

 

(1) the qualified business is required to create or retain a minimum number of jobs;

 

(2) the agreement defines "jobs" for purposes of determining compliance with wage and job goals as all jobs and only those jobs that constitute "employment" for purposes of state unemployment insurance;


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11291

(3) the qualified business is required to report all jobs created or retained because of JOBZ as a separate business location for purposes of section 268.044; and

 

(4) the qualified business agrees to provide the appropriate data practices release so that the commissioner of revenue and the commissioner of employment and economic development can monitor compliance with the terms of the agreement.

 

Subd. 3. Standard agreement. The commissioner must develop and require the use of a standard business subsidy agreement that imposes definitive and enforceable obligations on the qualified business.

 

Subd. 4. Business subsidy reports. (a) A local government unit must annually report to the commissioner on the progress of the qualified business in meeting the goals listed in the business subsidy agreement. The report must be filed with the commissioner within 30 days of the end of the immediately preceding yearly period for which job creation, job retention, or investment obligations are imposed on a business and must be in a form prescribed by the commissioner. The commissioner must schedule department compliance reviews and reporting dates under business subsidy agreements so that reports are due throughout the year and compliance reviews are done on a continuous basis as reports are filed.

 

(b) The commissioner must hold a qualified business out of compliance or remove the business from the program if the qualified business fails to provide the information requested by the local government unit for the report under paragraph (a) within 30 days of written notice that the information is overdue. This report is in lieu of the reports required under section 116J.994, subdivisions 7 and 8.

 

Subd. 5. Public notice and hearing. A local government unit must provide public notice and hearing as required under section 116J.994, subdivision 5, before approving a business subsidy agreement. Public notice of a proposed business subsidy agreement must be published in a local newspaper of general circulation. The public hearing must be held in a location specified by the local government unit. Notwithstanding the requirements of section 116J.994, subdivision 5, the commissioner is not required to provide an additional public notice and hearing when entering into a business subsidy agreement with a local government unit and a qualified business.

 

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

 

Sec. 5. Minnesota Statutes 2006, section 469.312, subdivision 5, is amended to read:

 

Subd. 5. Duration limit. (a) The maximum duration of a zone is 12 years. The applicant may request a shorter duration. The commissioner may specify a shorter duration, regardless of the requested duration.

 

(b) The duration limit under this subdivision and the duration of the zone for purposes of allowance of tax incentives described in section 469.315 is extended by three calendar years for each parcel of property that meets the following requirements:

 

(1) the qualified business operates an ethanol plant, as defined in section 41A.09, on the site that includes the parcel; and

 

(2) the business subsidy agreement was executed after April 30, 2006.

 

(c)(1) Notwithstanding the 12-year zone limitation, all qualified businesses that sign a business subsidy agreement, as required under sections 469.310, subdivision 11, and 469.313, before December 31, 2015, are entitled to claim the tax benefits for which they qualify under section 469.315 for the year in which the business subsidy agreement is signed and ten additional years.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11292

(2) Notwithstanding the 12-year zone limitation, all qualified businesses that sign a business subsidy agreement, as required under sections 469.310, subdivision 11, and 469.313, before December 31, 2015, and are located in a targeted rural opportunity community, as defined under section 116J.03, subdivision 4, are entitled to claim the tax benefits for which they qualify under section 469.315 for the year in which the business subsidy agreement is signed and 12 additional years.

 

(3) This paragraph does not apply to:

 

(i) any acreage designated as a job opportunity building zone for which any person has fully executed a business subsidy agreement before this paragraph became effective; or

 

(ii) any trade or business that relocated as defined in section 469.310, subdivision 12, and received benefits under section 469.315 prior to the relocation.

 

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

 

Renumber the articles and sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Simpson et al amendment and the roll was called. There were 63 yeas and 69 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Atkins

Beard

Berns

Brod

Brown

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Dill

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Faust

Finstad

Fritz

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Haws

Heidgerken

Holberg

Hoppe

Hosch

Howes

Juhnke

Kalin

Koenen

Kohls

Lanning

Magnus

McFarlane

McNamara

Moe

Nornes

Otremba

Ozment

Paulsen

Peppin

Peterson, A.

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Welti

Westrom

Wollschlager

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Benson

Bigham

Bly

Brynaert

Bunn

Carlson

Clark

Davnie

Dittrich

Dominguez

Doty

Eken

Gardner

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hortman

Huntley

Jaros

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Olson

Paymar

Pelowski

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Winkler

Spk. Kelliher


 

 

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


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11293

CALL OF THE HOUSE LIFTED

 

Carlson moved that the call of the House be lifted. The motion prevailed and it was so ordered.

 

 

Norton moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Pages 143 and 144, delete section 7

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Garofalo, Dean, Dettmer, McNamara, Holberg, Abeler, Kohls, DeLaForest, Emmer, Peppin, Smith, Hackbarth and Buesgens moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 129, delete section 65

 

Page 138, delete line 3

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Garofalo et al amendment and the roll was called. There were 43 yeas and 89 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Beard

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kohls

Lanning

Magnus

McNamara

Nornes

Norton

Olson

Ozment

Peppin

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Anderson, S.

Anzelc

Atkins

Benson

Berns

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Greiling

Hansen


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11294

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Olin

Otremba

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Demmer, Cornish and Brod moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 60, after line 29, insert:

 

"Section 1. Minnesota Statutes 2006, section 123B.53, subdivision 5, is amended to read:

 

Subd. 5. Equalized debt service levy. (a) The equalized debt service levy of a district equals the sum of the first tier equalized debt service levy and the second tier equalized debt service levy.

 

(b) A district's first tier equalized debt service levy equals the district's first tier debt service equalization revenue times the lesser of one or the ratio of:

 

(1) the quotient derived by dividing the adjusted school capital net tax capacity of the district for the year before the year the levy is certified by the adjusted pupil units in the district for the school year ending in the year prior to the year the levy is certified; to

 

(2) $3,200.

 

(c) A district's second tier equalized debt service levy equals the district's second tier debt service equalization revenue times the lesser of one or the ratio of:

 

(1) the quotient derived by dividing the adjusted school capital net tax capacity of the district for the year before the year the levy is certified by the adjusted pupil units in the district for the school year ending in the year prior to the year the levy is certified; to

 

(2) $8,000.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2010 and thereafter.

 

Sec. 2. Minnesota Statutes 2006, section 126C.01, is amended by adding a subdivision to read:

 

Subd. 2a. School capital net tax capacity. "School capital net tax capacity" means the net tax capacity as otherwise defined under section 273.13, excluding the tax capacity attributable to agricultural land or timberland under class 2a or 2b. This exclusion does not apply to the value of improvements, nor to land that is considered part of the house, garage, and one acre of an agricultural homestead under class 2a.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2010 and thereafter.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11295

Sec. 3. Minnesota Statutes 2006, section 126C.01, is amended by adding a subdivision to read:

 

Subd. 2b. Adjusted school capital net tax capacity. "Adjusted school capital net tax capacity" means the school capital net tax capacity defined under subdivision 2a as adjusted by the commissioner of revenue under section 127A.48.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2010 and thereafter."

 

Page 87, line 19, after the period, insert "All of the value attributable to improvements must be included in the first tier of the agricultural homestead, unless the value of improvements exceeds the first tier valuation limit of the agricultural homestead."

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Demmer et al amendment and the roll was called. There were 63 yeas and 69 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Bly

Brod

Brown

Cornish

Dean

DeLaForest

Demmer

Dettmer

Doty

Drazkowski

Eastlund

Eken

Erhardt

Erickson

Faust

Finstad

Fritz

Gottwalt

Gunther

Hamilton

Haws

Heidgerken

Holberg

Hoppe

Hosch

Howes

Juhnke

Kalin

Koenen

Kohls

Lanning

Magnus

McFarlane

McNamara

Morrow

Nornes

Olson

Otremba

Ozment

Pelowski

Peterson, A.

Peterson, N.

Poppe

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Tschumper

Urdahl

Ward

Wardlow

Welti

Westrom

Wollschlager

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Brynaert

Buesgens

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Emmer

Gardner

Garofalo

Greiling

Hackbarth

Hansen

Hausman

Hilstrom

Hilty

Hortman

Huntley

Jaros

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

Moe

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Paulsen

Paymar

Peppin

Peterson, S.

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Wagenius

Walker

Winkler

Spk. Kelliher


 

 

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


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11296

Olson moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 29, after line 9, insert:

 

"Sec. 7. Minnesota Statutes 2006, section 290.06, subdivision 2c, as amended by Laws 2008, chapter 154, article 4, section 6, is amended to read:

 

Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income taxes imposed by this chapter upon married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code must be computed by applying to their taxable net income the following schedule of rates:

 

(1) On the first $25,680, 5.35 4.85 percent;

 

(2) On all over $25,680, but not over $102,030, 7.05 6.55 percent;

 

(3) On all over $102,030, 7.85 7.35 percent.

 

Married individuals filing separate returns, estates, and trusts must compute their income tax by applying the above rates to their taxable income, except that the income brackets will be one-half of the above amounts.

 

(b) The income taxes imposed by this chapter upon unmarried individuals must be computed by applying to taxable net income the following schedule of rates:

 

(1) On the first $17,570, 5.35 4.85 percent;

 

(2) On all over $17,570, but not over $57,710, 7.05 6.55 percent;

 

(3) On all over $57,710, 7.85 7.35 percent.

 

(c) The income taxes imposed by this chapter upon unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code must be computed by applying to taxable net income the following schedule of rates:

 

(1) On the first $21,630, 5.35 4.85 percent;

 

(2) On all over $21,630, but not over $86,910, 7.05 6.55 percent;

 

(3) On all over $86,910, 7.85 7.35 percent.

 

(d) In lieu of a tax computed according to the rates set forth in this subdivision, the tax of any individual taxpayer whose taxable net income for the taxable year is less than an amount determined by the commissioner must be computed in accordance with tables prepared and issued by the commissioner of revenue based on income brackets of not more than $100. The amount of tax for each bracket shall be computed at the rates set forth in this subdivision, provided that the commissioner may disregard a fractional part of a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.

 

(e) An individual who is not a Minnesota resident for the entire year must compute the individual's Minnesota income tax as provided in this subdivision. After the application of the nonrefundable credits provided in this chapter, the tax liability must then be multiplied by a fraction in which:


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11297

(1) the numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code and increased by the additions required under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (11), and (12) and reduced by the Minnesota assignable portion of the subtraction for United States government interest under section 290.01, subdivision 19b, clause (1), and the subtractions under section 290.01, subdivision 19b, clauses (9), (10), (14), (15), and (16), after applying the allocation and assignability provisions of section 290.081, clause (a), or 290.17; and

 

(2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (11), and (12) and reduced by the amounts specified in section 290.01, subdivision 19b, clauses (1), (9), (10), (14), (15), and (16).

 

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2006.

 

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2009."

 

Page 37, after line 29, insert:

 

"Sec. 15. BUDGET REDUCTION; FY 2010-2011.

 

In preparing the budget for and the forecast of general fund expenditures for the fiscal year 2010-2011 biennium, the commissioner of finance must reduce all base appropriations by the percentage necessary to offset the revenue loss estimated to result from the general income tax rate reduction provided in this article.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Olson amendment and the roll was called. There were 47 yeas and 84 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, S.

Beard

Berns

Brod

Buesgens

Cornish

Dean

DeLaForest

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erhardt

Erickson

Finstad

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Howes

Kohls

Magnus

McNamara

Nornes

Olson

Ozment

Paulsen

Peppin

Peterson, N.

Ruth

Seifert

Severson

Shimanski

Simpson

Smith

Tingelstad

Urdahl

Wardlow

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

Dill

Dittrich

Dominguez

Doty

Eken

Faust

Fritz


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11298

Gardner

Greiling

Hansen

Hausman

Haws

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Olin

Otremba

Paymar

Pelowski

Peterson, A.

Peterson, S.

Poppe

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Wagenius

Walker

Ward

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

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

 

 

Holberg moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 129, after line 23, insert:

 

"Sec. 65. Minnesota Statutes 2006, section 473.446, subdivision 1, is amended to read:

 

Subdivision 1. Metropolitan area transit tax. (a) For the purposes of sections 473.405 to 473.449 and the metropolitan transit system, except as otherwise provided in this subdivision, the council shall levy each year upon all taxable property within the metropolitan area, defined in section 473.121, subdivision 2 certify to the administrative auditor under section 473F.08, subdivision 3c, a transit tax consisting of:

 

(1) an amount necessary to provide full and timely payment of certificates of indebtedness, bonds, including refunding bonds or other obligations issued or to be issued under section 473.39 by the council for purposes of acquisition and betterment of property and other improvements of a capital nature and to which the council has specifically pledged tax levies under this clause; and

 

(2) an additional amount necessary to provide full and timely payment of certificates of indebtedness issued by the council, after consultation with the commissioner of finance, if revenues to the metropolitan area transit fund in the fiscal year in which the indebtedness is issued increase over those revenues in the previous fiscal year by a percentage less than the percentage increase for the same period in the revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis metropolitan area prepared by the United States Department of Labor.

 

(b) Indebtedness to which property taxes have been pledged under paragraph (a), clause (2), that is incurred in any fiscal year may not exceed the amount necessary to make up the difference between (1) the amount that the council received or expects to receive in that fiscal year from the metropolitan area transit fund and (2) the amount the council received from that fund in the previous fiscal year multiplied by the percentage increase for the same period in the revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis metropolitan area prepared by the United States Department of Labor.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2009 and thereafter."

 

Page 129, line 25, strike "taxing" in both places


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11299

Page 131, after line 10, insert:

 

"Sec. 67. Minnesota Statutes 2006, section 473F.07, subdivision 4, is amended to read:

 

Subd. 4. Distribution net tax capacity. The administrative auditor shall determine the proportion which the index of each municipality bears to the sum of the indices of all municipalities and shall then multiply this proportion in the case of each municipality, by the areawide net tax capacity. Prior to the determination of each municipality's distribution net tax capacity under this subdivision, the administrative auditor must subtract an amount equal to (i) the transit tax certified under section 473F.08, subdivision 3c, divided by (ii) the areawide tax rate for the previous year, from the areawide net tax capacity determined under subdivision 1.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2009 and thereafter.

 

Sec. 68. Minnesota Statutes 2006, section 473F.08, is amended by adding a subdivision to read:

 

Subd. 3c. Transit tax. The metropolitan council shall annually certify the amount determined under section 474.446, subdivision 1, to the Ramsey County auditor. The amount certified shall be an addition to the Metropolitan Council's areawide levy under subdivision 5.

 

EFFECTIVE DATE. This section is effective for taxes payable in 2009 and thereafter."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Holberg amendment and the roll was called. There were 24 yeas and 106 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Buesgens

Cornish

Dean

Demmer

Dettmer

Drazkowski

Eastlund

Emmer

Erickson

Finstad

Gottwalt

Gunther

Hackbarth

Holberg

Hoppe

Howes

Magnus

Olson

Peppin

Seifert

Severson

Westrom

Zellers


 

 

Those who voted in the negative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brod

Brown

Brynaert

Bunn

Carlson

Clark

Davnie

DeLaForest

Dill

Dittrich

Dominguez

Doty

Eken

Erhardt

Faust

Fritz

Gardner

Garofalo

Greiling

Hamilton

Hansen

Hausman

Haws

Heidgerken

Hilstrom

Hilty

Hortman

Hosch

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Kohls

Laine

Lanning

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Madore

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11300

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Sertich

Shimanski

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Olson and Jaros moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 137, after line 32, insert:

 

"Sec. 75. CONSTITUTIONAL AMENDMENT PROPOSED.

 

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, article X, section 1, will read:

 

Section 1. The power of taxation shall never be surrendered, suspended or contracted away. Taxes shall be uniform upon the same class of subjects and shall be levied and collected for public purposes, but public burying grounds, public school houses, public hospitals, academies, colleges, universities, all seminaries of learning, all churches, church property, houses of worship, institutions of purely public charity, and public property used exclusively for any public purpose, shall be exempt from taxation except as provided in this section. There may be exempted from taxation personal property not exceeding in value $200 for each household, individual or head of a family, and household goods and farm machinery as the legislature determines.  The legislature may authorize municipal corporations to levy and collect assessments for local improvements upon property benefited thereby without regard to cash valuation. The legislature by law may define or limit the property exempt under this section other than churches, houses of worship, and property solely used for educational purposes by academies, colleges, universities and seminaries of learning.

 

a section shall be added to article X to read:

 

Sec. 9. After December 31, 2012, the legislature may not impose an ad valorem tax on real or personal property nor may it authorize any political subdivision of the state to impose such a tax. This section does not apply to an ad valorem tax on real or personal property imposed by the state or a political subdivision of the state to pay certificates of indebtedness, principal, and interest on bonds or other obligations issued before November 4, 2008, for which ad valorem property taxes have been pledged for payment.

 

article XI, section 4, will read:

 

Sec. 4. The state may contract public debts for which its full faith, credit and taxing powers may be pledged at the times and in the manner authorized by law, but only for the purposes and subject to the conditions stated in section 5. Public debt includes any obligation payable directly in whole or in part from a tax of state wide application on any class of property, income, transaction or privilege, but does not include any obligation which is payable from revenues other than taxes.

 

article XI, section 6, will read:

 

Sec. 6. As authorized by law certificates of indebtedness may be issued during a biennium, commencing on July 1 in each odd-numbered year and ending on and including June 30 in the next odd-numbered year, in anticipation of the collection of taxes levied for and other revenues appropriated to any fund of the state for expenditure during that biennium.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11301

No certificates shall be issued in an amount which with interest thereon to maturity, added to the then outstanding certificates against a fund and interest thereon to maturity, will exceed the then unexpended balance of all money which will be credited to that fund during the biennium under existing laws. The maturities of certificates may be extended by refunding to a date not later than December l of the first full calendar year following the biennium in which the certificates were issued. If money on hand in any fund is not sufficient to pay all non-refunding certificates of indebtedness issued on a fund during any biennium and all certificates refunding the same, plus interest thereon, which are outstanding on December 1 immediately following the close of the biennium, the state auditor shall levy upon all taxable property in the state a tax collectible impose an additional rate on taxable sales and uses made in the ensuing year sufficient to pay the same on or before December 1 of the ensuing year with interest to the date or dates of payment.

 

article XI, section 7, will read:

 

Sec. 7. Public debt other than certificates of indebtedness authorized in section 6 shall be evidenced by the issuance of bonds of the state. All bonds issued under the provisions of this section shall mature not more than 20 years from their respective dates of issue and each law authorizing the issuance of bonds shall distinctly specify the purposes thereof and the maximum amount of the proceeds authorized to be expended for each purpose. A separate and special state bond fund shall be maintained on the official books and records. When the full faith and credit of the state has been pledged for the payment of bonds, the state auditor shall levy impose each year on all taxable property within the state a state sales and use tax sufficient with the balance then on hand in the fund to pay all principal and interest on bonds issued under this section due and to become due within the ensuing year and to and including July 1 in the second ensuing year. The legislature by law may appropriate funds from any source to the state bond fund. The amount of money actually received and on hand pursuant to appropriations prior to the levy of the tax in any year shall be used to reduce the amount of tax otherwise required to be levied.

 

Sec. 76. SUBMISSION TO VOTERS.

 

The proposed amendment must be submitted to the people at the 2008 general election. The question submitted shall be:

 

"Shall the Minnesota Constitution be amended to prohibit the state or a political subdivision of the state from imposing an ad valorem tax on real or personal property, after December 31, 2012, except for a tax imposed to pay bonds or obligations issued before November 4, 2008?

 

Yes .......

No .......""

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Olson and Jaros amendment and the roll was called. There were 17 yeas and 113 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Brod

Buesgens

Dean

DeLaForest

Drazkowski

Emmer

Erickson

Hackbarth

Heidgerken

Hoppe

Kohls

Olson

Severson

Shimanski

Wardlow

Zellers



Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11302

Those who voted in the negative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Demmer

Dettmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Erhardt

Faust

Finstad

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Welti

Westrom

Winkler

Wollschlager

Spk. Kelliher


 

 

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

 

 

Olson, Hackbarth and Heidgerken moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 137, after line 32 insert:

 

"Sec. 75. CONSTITUTIONAL AMENDMENT PROPOSED.

 

An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall be added to article X, to read:

 

Sec. 9. After December 31, 2009, ad valorem taxes imposed by the state and its political subdivisions for any calendar year not exceed 30 percent of state tax revenues for the previous fiscal year.

 

Sec. 76. SUBMISSION TO VOTERS.

 

The proposed amendment must be submitted to the people at the 2008 general election. The question submitted must be:

 

"Shall the Minnesota Constitution be amended to prohibit the levying of property taxes in excess of 30 percent of state tax receipts?

 

Yes .......

No .......""

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11303

The question was taken on the Olson et al amendment and the roll was called. There were 19 yeas and 112 nays as follows:

 

Those who voted in the affirmative were:

 


Anderson, B.

Brod

Buesgens

Dean

DeLaForest

Dettmer

Drazkowski

Emmer

Erickson

Garofalo

Gunther

Hackbarth

Heidgerken

Hoppe

Kohls

Olson

Peppin

Severson

Shimanski


 

 

Those who voted in the negative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Beard

Benson

Berns

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Clark

Cornish

Davnie

Demmer

Dill

Dittrich

Dominguez

Doty

Eastlund

Eken

Erhardt

Faust

Finstad

Fritz

Gardner

Gottwalt

Greiling

Hamilton

Hansen

Hausman

Haws

Hilstrom

Hilty

Holberg

Hortman

Hosch

Howes

Huntley

Jaros

Johnson

Juhnke

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Madore

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Moe

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Nornes

Norton

Olin

Otremba

Ozment

Paulsen

Paymar

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Scalze

Seifert

Sertich

Simon

Simpson

Slawik

Slocum

Smith

Solberg

Swails

Thao

Thissen

Tillberry

Tschumper

Urdahl

Wagenius

Walker

Ward

Wardlow

Welti

Westrom

Winkler

Wollschlager

Zellers

Spk. Kelliher


 

 

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

 

 

Severson, Wardlow, Dettmer and Brod moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:

 

Page 25, after line 26, insert:

 

"Section 1. Minnesota Statutes 2006, section 270A.03, subdivision 7, is amended to read:

 

Subd. 7. Refund. "Refund" means an individual income tax refund or political contribution refund, pursuant to chapter 290, or a property tax credit or refund, pursuant to chapter 290A, or a sustainable forest tax payment to a claimant under chapter 290C.

 

For purposes of this chapter, lottery prizes, as set forth in section 349A.08, subdivision 8, and amounts granted to persons by the legislature on the recommendation of the joint senate-house of representatives Subcommittee on Claims shall be treated as refunds.

 

In the case of a joint property tax refund payable to spouses under chapter 290A, the refund shall be considered as belonging to each spouse in the proportion of the total refund that equals each spouse's proportion of the total income determined under section 290A.03, subdivision 3. In the case of a joint income tax refund under chapter


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11304

289A, the refund shall be considered as belonging to each spouse in the proportion of the total refund that equals each spouse's proportion of the total taxable income determined under section 290.01, subdivision 29. The commissioner shall remit the entire refund to the claimant agency, which shall, upon the request of the spouse who does not owe the debt, determine the amount of the refund belonging to that spouse and refund the amount to that spouse. For court fines, fees, and surcharges and court-ordered restitution under section 611A.04, subdivision 2, the notice provided by the commissioner of revenue under section 270A.07, subdivision 2, paragraph (b), serves as the appropriate legal notice to the spouse who does not owe the debt.

 

EFFECTIVE DATE. This section is effective for political contribution refund claims based on contributions that are made after June 30, 2008."

 

Page 28, after line 3 insert:

 

"Sec. 6. Minnesota Statutes 2006, section 289A.50, subdivision 1, is amended to read:

 

Subdivision 1. General right to refund. (a) Subject to the requirements of this section and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and who files a written claim for refund will be refunded or credited the overpayment of the tax determined by the commissioner to be erroneously paid.

 

(b) The claim must specify the name of the taxpayer, the date when and the period for which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims was erroneously paid, the grounds on which a refund is claimed, and other information relative to the payment and in the form required by the commissioner. An income tax, estate tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes a claim for refund.

 

(c) When, in the course of an examination, and within the time for requesting a refund, the commissioner determines that there has been an overpayment of tax, the commissioner shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer. If the amount of the overpayment is less than $1, the commissioner is not required to refund. In these situations, the commissioner does not have to make written findings or serve notice by mail to the taxpayer.

 

(d) If the amount allowable as a credit for withholding, estimated taxes, or dependent care exceeds the tax against which the credit is allowable, the amount of the excess is considered an overpayment. The refund allowed by section 290.06, subdivision 23, is also considered an overpayment. The requirements of section 270C.33 do not apply to the refunding of such an overpayment shown on the original return filed by a taxpayer.

 

(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes, penalties, and interest reported in the return of the entertainment entity or imposed by section 290.9201, the excess must be refunded to the entertainment entity. If the excess is less than $1, the commissioner need not refund that amount.

 

(f) If the surety deposit required for a construction contract exceeds the liability of the out-of-state contractor, the commissioner shall refund the difference to the contractor.

 

(g) An action of the commissioner in refunding the amount of the overpayment does not constitute a determination of the correctness of the return of the taxpayer.


Journal of the House - 111th Day - Monday, May 5, 2008 - Top of Page 11305

(h) There is appropriated from the general fund to the commissioner of revenue the amount necessary to pay refunds allowed under this section.

 

EFFECTIVE DATE. This section is effective for politic