Journal of the House - 68th Day - Thursday, February 25, 2010

A quorum was present.

Champion, Davnie and Huntley were excused.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7970

IN MEMORIAM

The members of the House of Representatives paused for a moment of silence in memory of former Representative Linda Wejcman of Minneapolis, Minnesota, who served from 1991-2000, and passed away on Monday, February 22, 2010.

REPORTS OF CHIEF CLERK

S. F. No. 2352 and H. F. No. 2763, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Lenczewski moved that the rules be so far suspended that S. F. No. 2352 be substituted for H. F. No. 2763 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2373 and H. F. No. 2538, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Ward moved that S. F. No. 2373 be substituted for H. F. No. 2538 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 135, A bill for an act relating to health; guaranteeing that all necessary health care is available and affordable for every Minnesotan; establishing the Minnesota Health Plan, Minnesota Health Board, Minnesota Health Fund, Office of Health Quality and Planning, ombudsman for patient advocacy, and inspector general for the Minnesota Health Plan; appropriating money; amending Minnesota Statutes 2008, sections 14.03, subdivisions 2, 3; 15A.0815, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 62V.

Reported the same back with the following amendments:

Page 10, line 1, delete "2010" and insert "2011"

Page 13, line 30, delete "2006" and insert "2008"

Page 14, delete section 2 and insert:

"Sec. 2. Minnesota Statutes 2009 Supplement, section 15A.0815, subdivision 2, is amended to read:

Subd. 2. Group I salary limits. The salaries for positions in this subdivision may not exceed 95 percent of the salary of the governor:

Commissioner of administration;

Commissioner of agriculture;

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7971

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Executive officer of the Minnesota Health Plan;

Executive director, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Director of Office of Strategic and Long-Range Planning;

Commissioner, Pollution Control Agency;

Executive director, Public Employees Retirement Association;

Commissioner of public safety;

Commissioner of revenue;

Executive director, State Retirement System;

Executive director, Teachers Retirement Association;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs."

Page 18, line 30, delete "2009" and insert "2010"

Page 23, line 7, delete "2010" and insert "2011"

Page 23, line 17, delete "finance" and insert "management and budget"

Correct the title numbers accordingly

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

The report was adopted.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7972

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 162, A bill for an act relating to waters; modifying drainage system provisions; appropriating money; amending Minnesota Statutes 2008, sections 103E.065; 103E.227; 103E.401, subdivision 3; 103E.505, subdivision 3; 103E.611, subdivision 1; 103E.735, subdivision 1; 103E.805; proposing coding for new law in Minnesota Statutes, chapter 103E.

Reported the same back with the following amendments:

Page 1, after line 7, insert:

"Section 1. Minnesota Statutes 2008, section 103B.101, is amended by adding a subdivision to read:

Subd. 13. Drainage stakeholder coordination. The Board of Water and Soil Resources shall work with drainage stakeholders to foster mutual understanding and provide recommendations for drainage system management and related water management, including recommendations for updating the drainage law in chapter 103E and other related provisions. The board may convene informal working groups or work teams to develop information, education, and recommendations."

Page 5, line 22, after "system" insert a comma and delete "by publication" and strike "to"

Page 5, line 23, strike "all" and delete "other" and strike "persons interested in the drainage system" and insert "either in a newspaper of general circulation within the affected drainage area or by publication on a Web site of the drainage authority"

Page 6, line 28, delete everything after "system" and insert ", and either in a newspaper of general circulation within the affected drainage area or by publication on a Web site of the drainage authority."

Page 6, delete line 29

Page 7, delete section 9

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete "appropriating money;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7973

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 418, A bill for an act relating to noxious weeds; allowing municipalities to adopt ordinances for the control of buckthorn; amending Minnesota Statutes 2008, section 18.78, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 8, delete "3" and insert "4"

With the recommendation that when so amended the bill pass.

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 1746, A bill for an act relating to consumer protection; protecting customers from injuries resulting from use of inflatable play equipment used for commercial purposes; requiring the presence of trained supervisors and liability insurance; proposing coding for new law in Minnesota Statutes, chapter 184B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [184B.20] INFLATABLE AMUSEMENT EQUIPMENT.

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Commercial use" means regular use of an inflatable for profit by an owner at a permanently located facility:

(1) to which the general public is invited; or

(2) which the owner makes available at that facility for private parties or other events.

"Commercial use" does not include use of an inflatable at a carnival, festival, fair, private party, or similar venue at a location other than the permanently-located facility.

(c) "Inflatable" means an amusement device, used to bounce or otherwise play on, that incorporates a structural and mechanical system and employs a high-strength fabric or film that achieves its strength, shape, and stability by tensioning from internal air pressure.

(d) "Owner" means a person who owns, leases as lessee, or controls the operation of an inflatable for commercial use.

(e) "Person" has the meaning given in section 302A.011, subdivision 22.

(f) "Supervisor" means an individual stationed within close proximity to an inflatable during its use, for the purpose of supervising its safe use.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7974

(g) "Trained" means that an individual has received instruction in how to supervise the safe use of inflatables.

Subd. 2. Prohibition. No owner shall provide an inflatable for commercial use in this state by others unless the owner complies with this section.

Subd. 3. Protection against injuries from falls. An inflatable that is in commercial use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted by the American Society for Testing and Materials, including any future updates to that standard.

Subd. 4. Supervision by trained person required. No owner of an inflatable shall allow commercial use of the inflatable unless a trained supervisor is present in close proximity to the inflatable and is actively supervising its use. The ratio of supervisors to inflatables must be no less than one.

Subd. 5. Insurance required. An owner of an inflatable that is subject to subdivision 2 shall maintain liability insurance covering liability for a death or injury resulting from commercial use of the inflatable with limits of no less than $1,000,000 per occurrence and $2,000,000 aggregate per year. The insurance shall also include medical payments coverage of no less than $5,000 per occurrence, which may be limited to injuries incurred while using an inflatable, including getting on or off of the inflatable. The insurance must be issued by an insurance company authorized to issue the coverage in this state by the commissioner of commerce, and must be kept in force during the entire period of registration. In the event of a policy cancellation, the insurer will send written notice to the commissioner of labor and industry at the same time that a cancellation request is received from or a notice is sent to the insured.

Subd. 6. Registration required. An owner of an inflatable that is subject to subdivision 2 must obtain and maintain a current registration with the commissioner of labor and industry. The registration information must include the name, address, telephone number, and e-mail address of the owner, the street address of each facility at which the owner regularly provides inflatables for commercial use in this state by others, and a current insurance certificate of coverage proving full compliance with subdivision 5. The commissioner shall issue and renew a certificate of registration only to owners who comply with this section. The commissioner shall charge a registration fee of $100 for a two-year registration designed to cover the cost of registration and enforcement. The registration certificate shall be issued and renewed for a two-year period. The registrant shall promptly notify the commissioner in writing of any changes in the registration information required in this subdivision.

Subd. 7. Enforcement. The commissioner of labor and industry shall enforce this section and may use for that purpose section 326B.082 and any powers otherwise available to the commissioner for enforcement purposes, including suspension or revocation of the person's registration and assessment of fines.

EFFECTIVE DATE. This section is effective August 1, 2010."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Justice.

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 2405, A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution, article IV, section 4; providing for temporary successors to members of the legislature called into active military service; providing for implementing statutory language; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the following amendments:

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7975

Page 1, line 17, after "member" insert "determines that the member"

Page 2, line 1, delete "authorize" and insert "require"

Page 2, line 20, after "legislature" insert "in writing"

Page 2, delete lines 22 and 23 and insert:

"(3) Upon written notification from a legislator that the legislator has been ordered to active duty and that the legislator has determined that the legislator will be unavailable to perform the powers and duties of the legislator's office, the appropriate presiding officer shall immediately designate a temporary successor from the list of"

Page 2, line 27, delete everything after "(d)"

Page 2, line 28, delete "of which the person is a temporary member, and"

Page 3, line 1, delete "reserved" and insert "reserve"

Page 3, line 7, after "legislature" insert "in writing of the date"

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

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 2613, A bill for an act relating to real property; providing for mediation prior to commencement of mortgage foreclosure proceedings on homestead property; creating a homestead-lender mediation account; amending Minnesota Statutes 2008, sections 580.021, as amended; 580.022, subdivision 1; 580.23, by adding a subdivision; 582.30, subdivision 2; Minnesota Statutes 2009 Supplement, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 583.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 2729, A bill for an act relating to local government; permitting certain metropolitan area local governments to impose response time residency requirements upon firefighters.

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

The report was adopted.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7976

Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

H. F. No. 2751, A bill for an act relating to education; allowing students who do not pass the reading and language arts GRAD to retake the test in paper-and-pencil format; amending Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 2797, A bill for an act relating to local government; authorizing federally recognized Indian tribes to participate in joint powers agreements; amending Minnesota Statutes 2008, section 471.59, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 16, before "nonprofit" insert "the Minnesota Historical Society,"

Amend the title as follows:

Page 1, line 2, after "tribes" insert "and the Minnesota Historical Society"

With the recommendation that when so amended the bill pass.

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 2879, A bill for an act relating to insurance; allowing certain minors to contract for automobile insurance; proposing coding for new law in Minnesota Statutes, chapter 65B.

Reported the same back with the following amendments:

Page 1, line 7, delete the second "to" and insert a period

Page 1, delete line 8

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Justice.

The report was adopted.

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Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 2907, A bill for an act relating to communications; setting state goals for the deployment and speed of high-speed broadband; proposing coding for new law in Minnesota Statutes, chapter 237.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [237.012] BROADBAND GOALS.

Subdivision 1. Universal access and high-speed goal. It is the goal of this state that, no later than 2015, all state residents and businesses have access to broadband that provides download speeds of no less than ten megabits per second and upload speeds of no less than five megabits per second.

Subd. 2. State broadband leadership position. It is the goal of this state that by 2015, and continuing thereafter:

(1) the proportion of Minnesota residents and businesses having access to broadband ranks among the five states in the United States and the 15 nations globally that have the highest proportion of that measure; and

(2) Minnesota ranks among the five states in the United States with the highest broadband speed that is universally accessible to state residents and businesses.

Subd. 3. Annual reports. By February 10, 2011, and each year thereafter, the commissioner of commerce shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees with primary jurisdiction over telecommunications policy measuring the progress made towards achieving the goals under subdivisions 1 and 2. The report must identify any barriers impeding the achievement of the goals, suggest strategies to overcome those barriers, and estimate the cost of implementing those strategies.

Subd. 4. Advisory group. By July 1, 2010, the commissioner of commerce shall appoint and convene a broadband advisory group consisting of no more than 15 members representing suppliers and users of broadband goods and services. The broadband advisory group shall meet at the call of the chair, and shall seek public input. The broadband advisory group shall advise the commissioner of commerce and the house of representatives and senate committees with primary jurisdiction over telecommunications policy regarding strategies to achieve the goals under subdivision 1. This subdivision expires June 30, 2015.

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

Delete the title and insert:

"A bill for an act relating to communications; setting state goals for the deployment and speed of high-speed broadband; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 237."

With the recommendation that when so amended the bill pass and be re-referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

The report was adopted.

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Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

H. F. No. 2918, A bill for an act relating to food safety; authorizing certain beverage production in basements; directing the commissioner of agriculture to amend Minnesota Rules.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 2945, A bill for an act relating to the State Building Code; modifying municipal enforcement provisions; amending Minnesota Statutes 2008, section 326B.121, subdivision 2.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

H. F. No. 3017, A bill for an act relating to local government; authorizing municipalities to permit certain solicitations; proposing coding for new law in Minnesota Statutes, chapter 465.

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

The report was adopted.

Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

H. F. No. 3043, A bill for an act relating to education; providing for computer-adaptive assessments; amending Minnesota Statutes 2009 Supplement, section 120B.30, subdivisions 1, 1a.

Reported the same back with the following amendments:

Page 6, delete lines 13 to 17

Page 6, line 18, delete "(f)" and insert "(e)"

Page 6, line 21, delete "(g)" and insert "(f)"

Page 6, line 30, delete "(h)" and insert "(g)"

Page 6, line 34, delete "(i)" and insert "(h)"

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

The report was adopted.

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Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 3066, A bill for an act relating to health; requiring reporting of certain administrative expense data; establishing the Advisory Group on Administrative Expenses; appropriating money; amending Minnesota Statutes 2008, section 62D.08, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62D.

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

The report was adopted.

Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

H. F. No. 3069, A bill for an act relating to education; directing the Board of Teaching to incorporate professional reflection and growth in best teaching practices into its renewal requirements for a continuing teaching license; amending Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4.

Reported the same back with the following amendments:

Page 3, line 14, delete the first "and" and after "(m)," insert "and (n),"

Page 3, line 17, delete "July 1, 2013" and insert "June 30, 2012"

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

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

S. F. No. 1778, A resolution memorializing the Congress of the United States to oppose enactment of legislation of the substance and tenor of S. 40/H.R. 3200 -- the National Insurance Act of 2007 -- proposed optional federal charter legislation.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

S. F. No. 2309, A bill for an act relating to local government; lengthening probationary period for newly hired peace officers in certain statutory cities; amending Minnesota Statutes 2008, sections 44.01, by adding a subdivision; 44.10, subdivision 1.

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

The report was adopted.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7980

SECOND READING OF HOUSE BILLS

H. F. Nos. 162, 418, 2729, 2797 and 2918 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. Nos. 2352, 2373, 1778 and 2309 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Jackson introduced:

H. F. No. 3138, A bill for an act relating to counties; authorizing a county board to ascertain whether the adult next of kin of a decedent has sufficient funds to pay for funeral expenses before the county assumes the responsibility; amending Minnesota Statutes 2009 Supplement, section 261.035.

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

Bigham, Hilstrom and Kohls introduced:

H. F. No. 3139, A bill for an act relating to privacy; reinstating authority for release of financial records in response to a subpoena; amending Minnesota Statutes 2009 Supplement, section 13A.02, subdivision 1.

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

Kohls and Holberg introduced:

H. F. No. 3140, A bill for an act relating to privacy; excluding full Social Security numbers from medical assistance documents filed with the county recorder or registrar of titles; amending Minnesota Statutes 2008, section 514.982, subdivision 2.

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

Bigham introduced:

H. F. No. 3141, A bill for an act relating to the film production jobs program; establishing a revolving account funded with taxes paid by assisted productions; modifying reporting requirements; appropriating money; amending Minnesota Statutes 2008, section 116U.26; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

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Hayden introduced:

H. F. No. 3142, A bill for an act relating to the financing of state and local government; local government aid; human services appropriations; amending Minnesota Statutes 2008, section 477A.0124, by adding a subdivision; 2010 S.F No. 2168, article 2, section 2, if enacted; proposing coding for new law in Minnesota Statutes, chapter 477A.

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

Nornes introduced:

H. F. No. 3143, A bill for an act relating to tourism; amending council membership requirements; amending Minnesota Statutes 2008, section 116U.25.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Brynaert, Hoppe, Greiling, Norton and Gottwalt introduced:

H. F. No. 3144, A bill for an act relating to insurance; requiring local government employees to approve participation in or withdrawal from the public employees insurance program; amending Minnesota Statutes 2008, sections 43A.316, by adding a subdivision; 471.61, subdivision 2b; 471.611, subdivision 2.

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

Atkins introduced:

H. F. No. 3145, A bill for an act relating to traffic regulations; modifying penalties and requirements related to violation of vehicle weight limitations; amending Minnesota Statutes 2008, sections 169.80, subdivision 1; 169.851, subdivision 1, by adding a subdivision; 169.87, subdivision 6; 169.871, subdivision 1; 169.872, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 169.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Atkins, Hoppe, Davids, Fritz, Slocum and Davnie introduced:

H. F. No. 3146, A bill for an act relating to commerce; modifying continuing education provisions; amending insurance laws involving insurance company rehabilitation and liquidation, group life insurance, the use of mortality tables, the Life and Health Insurance Guaranty Association, and mutual insurance companies; amending Minnesota Statutes 2008, sections 60B.03, by adding subdivisions; 61A.09, by adding a subdivision; 61A.257, subdivisions 2, 3; 61B.19, subdivision 3; 61B.28, subdivision 7; 66A.40, subdivision 11; 66A.42; Minnesota Statutes 2009 Supplement, sections 45.31, subdivision 3; 60K.56, subdivision 6; 61B.19, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 60B.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7982

Jackson, Marquart, Loeffler, Davnie and Liebling introduced:

H. F. No. 3147, A bill for an act relating to taxation; providing for use of reports and testimony by assessors; amending Minnesota Statutes 2008, sections 82B.035, subdivision 2; 270.41, subdivision 5; 278.05, by adding a subdivision.

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

Lieder, Holberg, Hausman, Beard and Hornstein introduced:

H. F. No. 3148, A bill for an act relating to transportation; appropriating money to Center for Transportation Studies for a study on motor fuel use for nonhighway purposes.

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

Kahn introduced:

H. F. No. 3149, A bill for an act relating to the legislature; changing the timing for payment of compensation to legislators; authorizing payments for additional travel during special sessions; amending Minnesota Statutes 2008, sections 3.099, subdivision 1; 3.103.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Davnie, Clark, Champion, Wagenius and Hausman introduced:

H. F. No. 3150, A bill for an act relating to health; establishing blood lead level guidelines; amending Minnesota Statutes 2008, section 144.9504, by adding a subdivision.

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

Laine, Liebling, Gardner, Abeler, Brynaert, Bunn, Bly, Greiling and Buesgens introduced:

H. F. No. 3151, A bill for an act relating to mortuary science; modifying provisions related to viewing, transporting, and removal of a dead human body; amending Minnesota Statutes 2008, sections 149A.01, subdivision 3; 149A.71, subdivision 2; 149A.72, subdivision 2; 149A.90, subdivisions 4, 6, 7; 149A.91, subdivisions 2, 3; 149A.93, subdivisions 6, 7; 149A.94, subdivision 1; Minnesota Statutes 2009 Supplement, section 149A.80, subdivision 2.

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

Bunn introduced:

H. F. No. 3152, A bill for an act relating to natural resources; allowing conditional uses on certain lands within the Lower St. Croix River area; amending Minnesota Statutes 2008, section 103F.351, subdivision 4.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7983

Benson introduced:

H. F. No. 3153, A bill for an act relating to education finance; increasing the allowance on the building lease levy; amending Minnesota Statutes 2008, section 126C.40, subdivision 1.

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

Benson introduced:

H. F. No. 3154, A bill for an act relating to education finance; extending school district transfer authority from the reserved for operating capital account to the undesignated general fund; amending Laws 2008, chapter 363, article 2, section 46, subdivision 1, as amended.

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

Benson introduced:

H. F. No. 3155, A bill for an act relating to education finance; increasing the referendum allowance limit for certain school districts; amending Minnesota Statutes 2008, section 126C.17, subdivision 2.

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

Benson and Ruud introduced:

H. F. No. 3156, A bill for an act relating to education finance; modifying the equity revenue formula; amending Minnesota Statutes 2009 Supplement, section 126C.10, subdivision 24.

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

Mahoney, Drazkowski, Brod, Scott and Faust introduced:

H. F. No. 3157, A bill for an act relating to children; modifying parent notification of child maltreatment in a school facility; requiring a mental health assessment of teachers disciplined for child maltreatment; revoking the teaching license of repeat child maltreatment offenders; requiring a district policy for educating employees about mandatory child maltreatment reporting; amending Minnesota Statutes 2008, sections 122A.20, subdivision 1; 122A.40, by adding a subdivision; 122A.41, by adding a subdivision; 626.556, subdivisions 7, 10d; proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Olin, Beard, Koenen, Nornes, Dill, Lieder and Otremba introduced:

H. F. No. 3158, A bill for an act relating to energy; repealing prohibition on importation of electric energy from coal-fired power plants in other states; amending Minnesota Statutes 2008, sections 216H.01, subdivision 2; 216H.03, subdivisions 2, 3.

The bill was read for the first time and referred to the Energy Finance and Policy Division.

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Jackson, Kalin and Anderson, P., introduced:

H. F. No. 3159, A bill for an act relating to taxation; reducing the class rate on certain agricultural property; amending Minnesota Statutes 2009 Supplement, section 273.13, subdivision 23.

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

Jackson, Kalin and Anderson, P., introduced:

H. F. No. 3160, A bill for an act relating to taxation; providing a method for valuation of agricultural property in the green acres program; modifying the Minnesota agricultural property tax law; amending Minnesota Statutes 2009 Supplement, section 273.111, subdivision 4.

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

Jackson, Doty and Anderson, P., introduced:

H. F. No. 3161, A bill for an act relating to taxation; extending the deadline for withdrawal from the Green Acres program; amending Minnesota Statutes 2009 Supplement, section 273.111, subdivision 9.

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

Dill introduced:

H. F. No. 3162, A resolution memorializing Congress to effect change in U.S. Coast Guard law relating to fishing guides.

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

Mariani introduced:

H. F. No. 3163, A bill for an act relating to education; providing for prekindergarten through grade 12 education, including general education, education excellence, special programs, and early childhood education; amending Minnesota Statutes 2008, sections 11A.16, subdivision 5; 120B.15; 121A.16; 121A.17, subdivision 5; 122A.16; 123B.75, subdivision 5; 124D.091, subdivisions 2, 3; 124D.15, by adding a subdivision; 124D.20, subdivision 8; 125A.21, subdivisions 3, 5, 7; 125A.79, subdivision 1; 127A.42, subdivision 2; 127A.43; Minnesota Statutes 2009 Supplement, sections 120B.30, subdivisions 1, 3, 4; 120B.31, subdivision 4; 124D.10, subdivisions 3, 4, 6a, 8, 23, by adding a subdivision; 124D.15, subdivision 3; 125A.02, subdivision 1; 125A.63, subdivisions 2, 4; 126C.41, subdivision 2; 126C.44; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2008, section 125A.54.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7985

Haws introduced:

H. F. No. 3164, A bill for an act relating to higher education; regulating the transfer of credits within institutions belonging to the Minnesota State Colleges and Universities system; proposing coding for new law in Minnesota Statutes, chapter 136F.

The bill was read for the first time and referred to the Higher Education and Workforce Development Finance and Policy Division.

Dettmer introduced:

H. F. No. 3165, A bill for an act relating to motor vehicles; allowing single license plate to be displayed vertically on certain vehicles; amending Minnesota Statutes 2008, section 169.79, subdivision 3.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Dettmer introduced:

H. F. No. 3166, A bill for an act relating to motor vehicles; providing for optional six-month vehicle registration period; amending Minnesota Statutes 2008, section 168.017, subdivision 3.

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

Fritz, Abeler, Thao and Davids introduced:

H. F. No. 3167, A bill for an act relating to health professions; adding definitions related to the practice of chiropractic; amending Minnesota Statutes 2008, sections 148.01, subdivision 1, by adding a subdivision; 148.105, subdivision 1; repealing Minnesota Statutes 2008, section 148.01, subdivisions 2, 3; Minnesota Rules, parts 2500.0100, subparts 9b, 10, 11; 2500.4000.

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

Nelson introduced:

H. F. No. 3168, A bill for an act relating to transportation; allowing escort drivers of overdimensional loads to control traffic; directing commissioner of public safety to establish escort driver training and certification program; amending Minnesota Statutes 2008, sections 169.06, subdivision 4; 169.86, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299D.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Hansen introduced:

H. F. No. 3169, A bill for an act relating to waters; appropriating money for remediation of Thompson Lake.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7986

Davnie, Hornstein, Thissen, Hausman, Clark, Sertich, Fritz, Peterson, Paymar, Hayden, Carlson, Champion, Johnson, Benson, Mariani, Slocum, Mahoney, Wagenius and Rosenthal introduced:

H. F. No. 3170, A bill for an act relating to financial institutions; regulating payday lending; amending Minnesota Statutes 2008, sections 47.59, subdivision 2; 47.60, subdivision 2, by adding a subdivision; 53.05; Minnesota Statutes 2009 Supplement, sections 47.60, subdivision 1; 47.601, subdivisions 2, 6.

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

Cornish introduced:

H. F. No. 3171, A bill for an act relating to taxation; sales and use; providing exemptions for public safety radio communications equipment; amending Minnesota Statutes 2008, section 297A.70, subdivision 8.

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

Cornish introduced:

H. F. No. 3172, A bill for an act relating to education; permitting advertisements within a baseball field.

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

Beard, Morrow, Lieder and Magnus introduced:

H. F. No. 3173, A bill for an act relating to railroads; exempting certain railroad property from storm sewer or storm water utility assessments, levies, or charges; amending Minnesota Statutes 2008, sections 218.011, by adding a subdivision; 444.075, by adding a subdivision; 444.20; proposing coding for new law in Minnesota Statutes, chapter 429.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Bigham, Jackson, Kelly and Kohls introduced:

H. F. No. 3174, A bill for an act relating to public safety; amending the predatory offender registration law to address registrants living in homeless shelters and to clarify that the registration requirement for offenders who move out of state are suspended not terminated; amending Minnesota Statutes 2008, section 243.166, subdivisions 1a, 3.

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

Olin introduced:

H. F. No. 3175, A bill for an act relating to health; exempting pools that are owned and operated by a private organization from the definition of a public pool; amending Minnesota Statutes 2008, section 144.1222, by adding a subdivision.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7987

Slocum, Mariani, Hayden and Newton introduced:

H. F. No. 3176, A bill for an act relating to education finance; modifying charter school provisions; creating a commission; permitting certain charter schools to borrow money; amending Minnesota Statutes 2008, sections 124D.11, subdivisions 4, 7, by adding subdivisions; 326B.103, subdivision 11; Minnesota Statutes 2009 Supplement, sections 124D.10, subdivisions 3, 4, 4a, 6, 8, 17, 23, 23a; 124D.11, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 17a.

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

Beard, Dill, Bunn and Severson introduced:

H. F. No. 3177, A bill for an act relating to environment; requiring Pollution Control Agency to refund erroneous assessments, costs, and payments in the matter of the Baytown groundwater contamination Superfund site.

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

Thao introduced:

H. F. No. 3178, A bill for an act relating to human services; requiring medical assistance providers to use oral language interpreters who are listed in the interpreter registry or roster; amending Minnesota Statutes 2008, section 256B.0625, subdivision 18a.

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

Magnus, by request, introduced:

H. F. No. 3179, A bill for an act relating to capital investment; appropriating money for development of the Casey Jones State Trail; authorizing the sale and issuance of state bonds.

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

Welti, Brown, Poppe, Liebling, Pelowski, Demmer, Norton, Juhnke, Koenen, Kelly and Drazkowski introduced:

H. F. No. 3180, A bill for an act relating to capital investment; modifying an appropriation for veterans cemeteries; amending Laws 2009, chapter 93, article 1, section 14, subdivision 3.

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

Sterner, Liebling and Winkler introduced:

H. F. No. 3181, A bill for an act relating to local government; providing for city payments to towns following annexation; amending Minnesota Statutes 2008, section 414.036.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7988

Winkler, Liebling and Lanning introduced:

H. F. No. 3182, A bill for an act relating to local government; temporarily prohibiting incorporations; requiring the commissioner of administration to conduct a study.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Liebling, Hornstein and Winkler introduced:

H. F. No. 3183, A bill for an act relating to local government; defining urban or suburban in character for the purposes of annexation; adding a factor to be considered in annexation; amending Minnesota Statutes 2008, sections 414.011, by adding a subdivision; 414.031, subdivision 4.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Champion; Clark; Hayden; Kelliher; Hausman; Mariani; Rukavina; Thissen; Hornstein; Wagenius; Murphy, E., and Paymar introduced:

H. F. No. 3184, A bill for an act relating to state government; creating employment guidance for using bond proceeds; requiring reports.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Atkins introduced:

H. F. No. 3185, A bill for an act relating to probate; increasing the time period allowed for commencing probate or appointment proceedings; making conforming changes; amending Minnesota Statutes 2008, sections 524.3-108; 524.3-301; 524.3-1006; 525.31.

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

Atkins and Hoppe introduced:

H. F. No. 3186, A bill for an act relating to liquor; clarifying a license provision for the city of Minneapolis; amending Laws 2009, chapter 120, section 16.

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

Bigham introduced:

H. F. No. 3187, A bill for an act relating to civil commitments; providing for oaths or affirmations without notarization and the acceptability of electronic signatures and documents; amending Minnesota Statutes 2008, section 253B.23, by adding a subdivision.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7989

Nornes, Murdock, Sterner, Mullery, Dittrich and Shimanski introduced:

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

The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

Peppin introduced:

H. F. No. 3189, A bill for an act relating to transportation; appropriating money for local road improvement program for reconstructing Hennepin County Road 49 in city of Dayton.

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

Hackbarth, Anzelc, Eken, Cornish, Olin, Ward, Doty and Dill introduced:

H. F. No. 3190, A bill for an act relating to natural resources; modifying off-highway vehicle seasons; modifying off-highway vehicle youth operation requirements; modifying nonresident all-terrain vehicle state trail pass; amending Minnesota Statutes 2008, sections 84.777, subdivision 2; 84.9256, subdivision 1; Minnesota Statutes 2009 Supplement, sections 84.793, subdivision 1; 84.9275, subdivision 1.

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

Morrow introduced:

H. F. No. 3191, A bill for an act relating to human services; including sexual contact in secure treatment facilities as criminal sexual conduct in the fourth degree; amending Minnesota Statutes 2008, section 609.345, subdivision 1.

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

Poppe introduced:

H. F. No. 3192, A bill for an act relating to retirement; specifying coverage for certain Minnesota State Colleges and Universities employees; requiring employer to provide certain notices; amending Minnesota Statutes 2008, section 354B.21, subdivision 3, by adding a subdivision.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7990

Hilstrom introduced:

H. F. No. 3193, A bill for an act relating to insurance; regulating the use of credit scores and other credit information in insurance underwriting; amending Minnesota Statutes 2008, sections 72A.20, subdivision 36; 72A.499, subdivision 1; 72A.501, subdivision 2.

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

Norton introduced:

H. F. No. 3194, A bill for an act relating to health occupations; providing for a Nurse Licensure Compact; providing for appointments; proposing coding for new law in Minnesota Statutes, chapter 148.

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

Peterson, Slawik, Rosenthal, Benson, Brynaert, Greiling and Nornes introduced:

H. F. No. 3195, A bill for an act relating to early childhood education; creating an early childhood education program for at-risk four-year-olds; amending Minnesota Statutes 2008, sections 124D.19, by adding a subdivision; 124D.20, by adding a subdivision.

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

Hosch introduced:

H. F. No. 3196, A bill for an act relating to health; modifying provisions regulating home health care services; amending Minnesota Statutes 2008, sections 144A.45, subdivisions 2, 4; 144A.46, subdivisions 2, 3; Minnesota Statutes 2009 Supplement, section 144A.46, subdivision 1.

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

Eken, Hansen, Lanning and Bigham introduced:

H. F. No. 3197, A bill for an act relating to waters; modifying applicability of watershed district permitting requirements; amending Minnesota Statutes 2008, section 103D.345, subdivision 5.

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

Dill introduced:

H. F. No. 3198, A bill for an act relating to taxation; property; providing a property tax exemption for certain property leased to charter schools; amending Minnesota Statutes 2008, section 272.02, subdivision 42.

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

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7991

Dill introduced:

H. F. No. 3199, A bill for an act relating to state lands; authorizing public and private sales of certain tax-forfeited land.

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

Peterson and Slawik introduced:

H. F. No. 3200, A bill for an act relating to early childhood education; creating an early childhood community partnerships grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

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

Brynaert introduced:

H. F. No. 3201, A bill for an act relating to human services; modifying the medical assistance employed persons with disabilities program; changing asset limitation provisions; appropriating money; amending Minnesota Statutes 2008, sections 256B.056, subdivision 3; 256B.057, subdivision 9.

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

Dill introduced:

H. F. No. 3202, A bill for an act relating to natural resources; modifying intermediate auction timber sale provisions; amending Minnesota Statutes 2008, section 90.121.

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

Anzelc introduced:

H. F. No. 3203, A bill for an act relating to highways; removing Route No. 297 and a portion of Route No. 332 from trunk highway system; amending Minnesota Statutes 2008, section 161.115, subdivision 263.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Brown, Otremba, Haws and Rukavina introduced:

H. F. No. 3204, A bill for an act relating to gambling; establishing video lottery terminals; imposing a tax on lottery terminal revenue; modifying other lawful gambling taxes; providing powers and duties to the director of the State Lottery; making clarifying, technical, and conforming changes; amending Minnesota Statutes 2008, sections 297E.02, subdivision 1; 299L.02, subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01, subdivisions 10, 11, 12, by adding subdivisions; 349A.04; 349A.06, subdivisions 1, 5, 8, 10, by adding subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, 6; 349A.11, subdivision 1;

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7992

349A.12, subdivisions 1, 2; 349A.13; 541.20; 541.21; 609.651, subdivision 1; 609.75, subdivisions 3, 4; 609.761, subdivision 2; Minnesota Statutes 2009 Supplement, section 349.15, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 297A; 349A; repealing Minnesota Statutes 2008, sections 297E.01, subdivision 7; 297E.02, subdivisions 4, 6, 7.

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

Mahoney, Sterner, Reinert, Welti and Masin introduced:

H. F. No. 3205, A bill for an act relating to finance; creating a preference for community banks and credit unions for the state's general revenue account; requiring that state depository accounts be held in community banks or credit unions; requiring a study of possible further use of community banks and credit unions by the state and municipalities; amending Minnesota Statutes 2008, section 16A.27, as amended.

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

Rukavina introduced:

H. F. No. 3206, A bill for an act relating to state government; modifying authority of the commissioner of management and budget to reduce allotments; amending Minnesota Statutes 2008, section 16A.152, subdivision 4.

The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

Sailer, Dill, Solberg, Lillie and Persell introduced:

H. F. No. 3207, A bill for an act relating to natural resources; increasing cross-country ski trail pass fees and providing an exception for school activities; amending Minnesota Statutes 2008, sections 85.41, subdivision 3; 85.42.

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

Slawik and Peterson introduced:

H. F. No. 3208, A bill for an act relating to early childhood education; requiring a unique identification number to be assigned to all Minnesota children at the time of birth; proposing coding for new law in Minnesota Statutes, chapter 119A.

The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.

Greiling introduced:

H. F. No. 3209, A bill for an act relating to child care; requiring child care centers to develop a risk reduction plan; defining the term nonmaltreatment mistake; amending Minnesota Statutes 2008, section 245A.66; Minnesota Statutes 2009 Supplement, section 626.556, subdivisions 2, 10e.

The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7993

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 bill to be placed on the Calendar for the Day for Thursday, February 25, 2010:

S. F. No. 2251.

CALENDAR FOR THE DAY

S. F. No. 2251 was reported to the House.

Simon moved to amend S. F. No. 2251, the first engrossment, as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2552, the first engrossment:

"Section 1. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:

Subd. 6. Distribution of party accounts. As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue ~~on September 1~~ one week before the state primary, to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. If a candidate files the affidavit required by section 10A.323 after September 1 of the general election year, the board must pay the candidate's allocation to the candidate at the next regular payment date for public subsidies for that election cycle that occurs at least 15 days after the candidate files the affidavit.

Sec. 2. Minnesota Statutes 2008, section 10A.321, is amended to read:

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1. Calculation and certification of estimates. The commissioner of revenue must calculate and certify to the board one week before ~~July 1~~ the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign fund and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign fund. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed.

Subd. 2. Publication, certification, and notification procedures. Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within ~~seven days~~ one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each

Journal of the House - 68th Day - Thursday, February 25, 2010 - Top of Page 7994

candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. ~~By August 15~~ Within two weeks after the last day for filing for office, the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

Sec. 3. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:

Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board ~~by September 1 preceding the candidate's general election or a special election held at the general election~~ at least three weeks before the candidate's state primary. An agreement may not be filed after that date. An agreement once filed may not be rescinded.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office.

Sec. 4. Minnesota Statutes 2008, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that ~~during that calendar year~~ between January 1 of the election year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; and

(5) candidates for the house of representatives, $1,500.

The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50.

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The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the ~~cutoff date~~ deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4.

A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy.

Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision 1, is amended to read:

Subdivision 1. Printing and delivery of forms. Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5 or 6, at least 60 days before:

(1) each regularly scheduled primary for federal, state, county, city, or school board office;

(2) each regularly scheduled general election for city or school board office for which a primary is not held; and

(3) a special primary to fill a federal office vacancy or special election to fill a federal office vacancy, if no major party has more than one candidate after the time for withdrawal has expired;

or at least 45 days before any other primary or other election for which a primary is not held.

Sec. 6. Minnesota Statutes 2008, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for a federal office, and during the 30 days before ~~the~~ any other election ~~in the office of the county auditor and at any other polling place designated by the county auditor~~. The county auditor shall make such designations at least ~~90 days~~ 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

Sec. 7. Minnesota Statutes 2008, section 203B.13, subdivision 2, is amended to read:

Subd. 2. Duties. The absentee ballot board may examine all return absentee ballot envelopes and accept or reject absentee ballots in the manner provided in section 203B.12.

The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted" or "rejected" at any time during the 30 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.

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Sec. 8. Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:

Subdivision 1. Submission of application. (a) An application for absentee ballots for a voter described in section 203B.16 may be submitted in writing or by electronic facsimile device, or by electronic mail upon determination by the secretary of state that security concerns have been adequately addressed. An application for absentee ballots for a voter described in section 203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. For purposes of an application under this subdivision, a person's Social Security number, no matter how it is designated, qualifies as the person's military identification number if the person is in the military.

(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota.

(d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the ~~next two regularly scheduled general elections for federal office held after the date on which the application is received~~ end of that calendar year.

(e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27.

Sec. 9. Minnesota Statutes 2008, section 203B.22, is amended to read:

203B.22 ~~MAILING~~ TRANSMITTING BALLOTS.

The county auditor shall ~~mail~~ transmit the appropriate ballots, as promptly as possible, to an absent voter whose application has been recorded under section 203B.19. If the county auditor determines that a voter is not eligible to vote at the primary but will be eligible to vote at the general election, only general election ballots shall be ~~mailed~~ transmitted. Only one set of ballots shall be ~~mailed~~ transmitted to any applicant for any election, except that the county auditor may ~~mail~~ transmit a replacement ballot to a voter whose ballot has been spoiled or lost in transit or whose mailing address has changed after the date on which the original application was submitted as confirmed by the county auditor. Ballots to be sent outside the United States shall be given priority in ~~mailing~~ transmission. A county auditor may make use of any special service provided by the United States government for the ~~mailing~~ transmission of voting materials under sections 203B.16 to 203B.27.

Sec. 10. Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:

Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter described in section 203B.16 may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt of a properly completed application requesting electronic transmission, the county auditor shall electronically transmit the requested materials to the voter. The county auditor is not required to provide return postage to voters to whom ballots are transmitted electronically.

Sec. 11. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:

Subd. 2. Duties. The absentee ballot board must examine all returned absentee ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the absentee ballots in the manner provided in section 203B.24. If the certificate of voter eligibility is not printed on the return or administrative envelope, the certificate must be attached to the ballot secrecy envelope.

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The absentee ballot board must immediately examine the return envelopes and mark them "accepted" or "rejected" during the 30 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board must provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot.

Sec. 12. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:

Subdivision 1. Candidates in state and county general elections. (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 70 84 days nor less than 56 70 days before the state primary. The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by major political parties. Major party candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors may file petitions ~~on or before the state primary~~ at least 77 days before the general election day pursuant to section 204B.07. Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of that county. Affidavits and petitions for federal offices must be filed with the secretary of state. Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing.

Sec. 13. Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:

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

(1) each city ward; and

(2) each town and each statutory city.

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

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

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

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

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

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

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

Sec. 14. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:

Subd. 4. Boundary change procedure. Any change in the boundary of an election precinct ~~shall~~ must be adopted at least 90 days before the date of the next election and, for the state primary and general election, no later than ~~June~~ May 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at least 60 days.

The county auditor must publish a notice illustrating or describing the congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers in the county at least 14 days ~~prior to~~ before the first day to file affidavits of candidacy for the state general election in the year ending in two.

Alternate dates for adopting changes in precinct boundaries, posting notices of boundary changes, and notifying voters affected by boundary changes pursuant to this subdivision, and procedures for coordinating precinct boundary changes with reestablishing local government election district boundaries may be established in the manner provided in the rules of the secretary of state.

Sec. 15. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:

Subdivision 1. Appointment lists; duties of political parties and county auditor. On ~~June 1~~ May 1 in a year in which there is an election for a partisan political office, the county or legislative district chairs of each major political party, whichever is designated by the state party, shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located.

By ~~June 15~~ May 15, the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party.

Sec. 16. Minnesota Statutes 2008, section 204B.33, is amended to read:

204B.33 NOTICE OF FILING.

(a) ~~Between June 1 and July 1 in each even-numbered year~~ At least 15 weeks before the state primary, the secretary of state shall notify each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with the secretary of state. The notice shall include the time and place of filing for

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those offices. Within ten days after notification by the secretary of state, each county auditor shall notify each municipal clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and municipal clerks shall promptly post a copy of that notice in their offices.

(b) At least two weeks before the first day to file an affidavit of candidacy, the county auditor shall publish a notice stating the first and last dates on which affidavits of candidacy may be filed in the county auditor's office and the closing time for filing on the last day for filing. The county auditor shall post a similar notice at least ten days before the first day to file affidavits of candidacy.

Sec. 17. Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:

Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 30 days before any other election, ballots necessary to fill applications of absentee voters shall be prepared and delivered ~~at least 30 days before the election~~ to the officials who administer the provisions of chapter 203B.

This section applies to school district elections held on the same day as a statewide election or an election for a county or municipality located partially or wholly within the school district.

Sec. 18. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:

Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least six weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office and not more than 30 days nor later than 14 days ~~prior to the~~ before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk may appoint election judges to examine the return envelopes and mark them "accepted" or "rejected" during the 30 45 days before the election. If an envelope has been rejected at least five days before the election, the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 19. Minnesota Statutes 2008, section 204C.26, subdivision 3, is amended to read:

Subd. 3. Secretary of state. ~~On or before July 1 of~~ No later than ten weeks before the state primary in each even-numbered year, the secretary of state shall prescribe the form for summary statements of election returns and the methods by which returns for the state primary and state general election shall be recorded by precinct, county, and state election officials. Each county auditor and municipal or school district clerk required to furnish summary statements shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns shall be in the same form as the summary statement of the general election returns except that a separate part of the summary statement shall be provided for the partisan primary ballot and a separate part for the nonpartisan primary ballot.

Sec. 20. Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:

Subdivision 1. State primary. The state primary shall be held on the ~~first~~ second Tuesday ~~after the second Monday in September~~ in August in each even-numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.

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Sec. 21. Minnesota Statutes 2008, section 204D.09, subdivision 1, is amended to read:

Subdivision 1. Example ballot. (a) No later than ~~June 1~~ May 1 of each year, the secretary of state shall supply each auditor with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the primary and general elections that year.

(b) The county auditor shall distribute copies of the example ballot to municipal and school district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all respects to the example ballot.

Sec. 22. Minnesota Statutes 2008, section 204D.17, is amended to read:

204D.17 ~~REPRESENTATIVE IN CONGRESS;~~ STATE SENATOR; STATE REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.

Subdivision 1. Special elections; exceptions. A vacancy in the office of ~~representative in Congress or~~ state senator or state representative shall be filled for the unexpired term by special election upon the writ of the governor as provided in sections 204D.17 to 204D.27; except that if ~~Congress or~~ the legislature will not be in session before the expiration of the vacant term no special election is required.

Subd. 2. Two or more vacancies. Two or more vacancies may be filled at the same special election and the candidates may be nominated at the same special primary. Any special primary or special election held pursuant to sections 204D.17 to 204D.27 may be held on the same day as any other election.

Sec. 23. Minnesota Statutes 2008, section 204D.19, is amended to read:

204D.19 SPECIAL ELECTIONS; WHEN HELD.

Subdivision 1. Vacancy filled at general election. When a vacancy occurs more than 150 days before the next state general election, and the ~~Congress or the~~ legislature will not be in session before the final canvass of the state general election returns, the vacancy shall be filled at the next state general election.

Subd. 2. Special election when ~~Congress or~~ legislature will be in session. Except for vacancies in the legislature which occur at any time between the last day of session in an odd-numbered year and the 40th day prior to the opening day of session in the succeeding even-numbered year, when a vacancy occurs and the ~~Congress or~~ legislature will be in session so that the individual elected as provided by this section could take office and exercise the duties of the office immediately upon election, the governor shall issue within five days after the vacancy occurs a writ calling for a special election. The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more than 35 days after the issuance of the writ.

Subd. 3. Special election at other times. When a vacancy occurs at a time other than those described in subdivisions 1 and 2 the governor shall issue a writ, calling for a special election to be held so that the individual elected may take office at the opening of the next session ~~of the Congress or~~ of the legislature, or at the reconvening of a session of the ~~Congress or of the~~ legislature.

Subd. 4. Writ when vacancy results from election contest. If a vacancy results from a successful election contest, the governor shall issue 22 days after the first day of the legislative session a writ calling for a special election unless the house in which the contest may be tried has passed a resolution which states that it will or will not review the court's determination of the contest. If the resolution states that the house will not review the court's determination, the writ shall be issued within five days of the passage of the resolution.

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Sec. 24. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:

Subd. 5. Regular state primary. "Regular state primary" means:

(a) the state primary at which candidates are nominated for offices elected at the state general election; or

(b) a primary held ~~four weeks before the first~~ on the second Tuesday ~~after the first Monday in November~~ in August of odd-numbered years.

Sec. 25. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:

Subd. 6. Special election required; exception; when held. Every vacancy shall be filled for the remainder of the term by a special election held pursuant to this subdivision; except that no special election shall be held in the year before the term expires.

The special election shall be held at the next November election if the vacancy occurs at least ~~six~~ 11 weeks before the regular state primary preceding that election. If the vacancy occurs less than ~~six~~ 11 weeks before the regular state primary preceding the next November election, the special election shall be held at the second November election after the vacancy occurs.

Sec. 26. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:

Subd. 8. Notice of special election. The secretary of state shall issue an official notice of any special election required to be held pursuant to this section not later than ~~ten~~ 16 weeks before the special primary, except that if the vacancy occurs ~~ten~~ 16 weeks or less before the special primary, the secretary of state shall issue the notice no later than two days after the vacancy occurs. The notice shall state the office to be filled, the opening and closing dates for filing of candidacy and the dates of the special primary and special election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply generally to special elections, this notice shall be used in place of the writ of the governor.

Sec. 27. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:

Subd. 9. Filing by candidates. The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open ~~six~~ 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later. Filings shall close ~~four~~ ten weeks before the special primary.

Sec. 28. [204D.29] REPRESENTATIVE IN CONGRESS VACANCY.

Subdivision 1. Scope; definition. (a) A vacancy in the office of representative in Congress must be filled as specified in this section.

(b) "Vacancy," as used in this section, means a vacancy in the office of representative in Congress.

Subd. 2. Vacancy 27 weeks or more before state primary. (a) If a vacancy occurs 27 weeks or more before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held between 20 and 24 weeks of the vacancy, but not fewer than 47 days before a state primary. A special primary must be held 11 weeks before the special election or on the second Tuesday in August if the general election is held on the first Tuesday after the first Monday in November if any major party has more than one candidate after the time for withdrawal has expired.

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(b) The filing period for a special election under this subdivision must end on or before the 131st day before the special election. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing.

Subd. 3. Vacancy more than 22 weeks but fewer than 27 weeks before state primary. (a) If a vacancy occurs more than 22 weeks but fewer than 27 weeks before the state primary, the governor must issue a writ within three days of the vacancy for a special election for that office to be held on the day of the state primary with a special primary held 11 weeks before the state primary, if any major party has more than one candidate after the time for withdrawal has expired. The regularly scheduled election to fill the next full term shall proceed pursuant to law.

(b) The filing period for a special election under this subdivision must end on or before the 147th day before the state primary. Minor party and independent candidates must submit their petitions by the last day for filing and signatures on the petitions must be dated from the date of the vacancy through the last day for filing. There must be a one-day period for withdrawal of candidates after the last day for filing. Candidates for a special election under this subdivision are not subject to the prohibition in section 204B.06 against having more than one affidavit of candidacy on file for the same election.

(c) The winner of a special election on the day of the state primary under this subdivision shall serve the remainder of the vacant term and is eligible to be seated in Congress upon issuance of the certificate of election. The winner of the regularly scheduled term for that office at the general election shall take office on the day new members of Congress take office.

Subd. 4. Vacancy 22 or fewer weeks before state primary but before general election day. (a) If a vacancy occurs from 22 weeks before the state primary to the day before the general election, no special election will be held. The winner of the general election for the next full term for that office will serve the remainder of the unexpired term and is eligible to be seated in Congress immediately upon issuance of a certificate of election.

(b) If the incumbent filed an affidavit of candidacy for reelection as the candidate of a major political party and was nominated for the general election ballot by that party and a vacancy occurs from the day of the state primary until the date of the general election, there is a vacancy in nomination to be resolved pursuant to section 204B.13.

Subd. 5. Vacancy on or after election day and before the day new members of Congress take office. (a) If a vacancy occurs between the day of the general election and the day new members of Congress take office and the incumbent was not the winner of the general election, the winner of the general election for the next full term for that office is eligible to be seated in Congress immediately upon issuance of a certificate of election or the vacancy, whichever occurs last.

(b) If a vacancy occurs on or after election day but before the day new members of Congress take office and the incumbent was the winner of the general election, the vacancy must be filled pursuant to subdivision 2.

Sec. 29. Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:

Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the ~~first~~ second Tuesday ~~after the second Monday in September~~ in August of any year in which a municipal general election is to be held for the purpose of electing officers.

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Sec. 30. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:

Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted ~~at least three months before the next~~ by April 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance.

Sec. 31. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:

Subd. 1a. Filing period. In ~~municipalities~~ a city nominating candidates at a ~~municipal~~ primary, an affidavit of candidacy for a city office ~~or town office~~ voted on in November must be filed ~~not~~ no more than 70 84 days nor less than 56 70 days before the ~~first Tuesday after the second Monday in September preceding the municipal general election~~ city primary. In ~~all other~~ municipalities that do not hold a primary, an affidavit of candidacy must be filed ~~not~~ no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 91 days nor less than 77 days before the municipal general election held in November of any year.

Sec. 32. Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:

Subd. 4. Notice to auditor. At least 53 74 days ~~prior to~~ before every municipal election held in connection with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election, the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. ~~Not less than 46~~ At least 74 days before ~~the~~ a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6.

Sec. 33. Minnesota Statutes 2008, section 205.16, subdivision 5, is amended to read:

Subd. 5. Notice to secretary of state. At least 46 74 days ~~prior to~~ before every municipal election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state.

Sec. 34. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:

Subdivision 1. Resolution requiring primary in certain circumstances. The school board of a school district may, by resolution adopted by ~~June 1~~ April 15 of any year, decide to choose nominees for school board by a primary as provided in this section. The resolution, when adopted, is effective for all ensuing elections of board members in that school district until it is revoked. If the board decides to choose nominees by primary and if there are more than two candidates for a specified school board position or more than twice as many school board candidates as there are at-large school board positions available, the school district must hold a primary.

Sec. 35. Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:

Subd. 2. Date. The school district primary must be held on the ~~first~~ second Tuesday ~~after the second Monday in September~~ in August in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07.

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Sec. 36. Minnesota Statutes 2008, section 205A.05, subdivision 3, is amended to read:

Subd. 3. Cancellation. A special election ordered by the school board on its own motion under subdivision 1 may be canceled by motion of the school board, but not less than 46 74 days before ~~the~~ an election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, or 46 days before any other election.

Sec. 37. Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to read:

Subd. 1a. Filing period. In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the ~~70th~~ 84th day and no later than the ~~56th~~ 70th day before the ~~first~~ second Tuesday ~~after the second Monday in September~~ in August in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the ~~70th~~ 91st day and no later than the ~~56th~~ 77th day before the school district general election.

Sec. 38. Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:

Subd. 3. Notice to auditor. At least 53 74 days ~~prior to~~ before every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other school district election, the school district clerk shall provide a written notice to the county auditor of each county in which the school district is located. The notice must include the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of this section, in a bond election, a notice, including a proposed question, may be provided to the county auditor ~~prior to~~ before receipt of a review and comment from the commissioner of education and ~~prior to~~ before actual initiation of the election. Not less than 46 74 days before ~~the~~ an election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, or 46 days before any other election, the school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3.

Sec. 39. Minnesota Statutes 2008, section 205A.07, subdivision 3a, is amended to read:

Subd. 3a. Notice to commissioner of education. At least 49 74 days ~~prior to~~ before every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 49 days before any other school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall provide a written notice to the commissioner of education. The notice must include the date of the election and the title and language for each ballot question to be voted on at the election. Not less than 46 74 days before ~~the~~ every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election, the school district clerk must provide a written notice to the commissioner of education of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided in a written notice to the commissioner in a timely manner.

Sec. 40. Minnesota Statutes 2008, section 205A.07, subdivision 3b, is amended to read:

Subd. 3b. Notice to secretary of state. At least 46 74 days ~~prior to~~ before every school district election held in conjunction with a regularly scheduled election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other school district election for which a notice is provided to the county auditor under subdivision 3, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state.

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Sec. 41. Minnesota Statutes 2008, section 205A.11, subdivision 2a, is amended to read:

Subd. 2a. Notice of special elections. The school district clerk shall prepare a notice to the voters who will be voting in a combined polling place for a school district special election. The notice must include the following information: the date of the election, the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable mail to every affected household in the school district with at least one registered voter. The notice must be mailed no later than 14 days before the election. The mailed notice is not required for a school district special election that is held on ~~the day of the school district primary or general election,~~ the second Tuesday ~~following the second Monday~~ in ~~September~~ August, the Tuesday following the first Monday in November, or for a special election conducted entirely by mail. In addition, the mailed notice is not required for voters residing in a township if the school district special election is held on the second Tuesday in March and the town general election is held on that day. A notice that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 42. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:

Subd. 5. Alternation. The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision.

The rules adopted by the secretary of state for the rotation of candidate names must use the number of registered voters in each precinct as of 8:00 a.m. on May 1 of the year when the rotation will be made as the basis for determining the rotation of names.

Sec. 43. Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2, is amended to read:

Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting system is used and the county auditor of a county in which an electronic voting system is used in more than one municipality and the county auditor of a county in which a counting center serving more than one municipality is located shall prepare a plan which indicates acquisition of sufficient facilities, computer time, and professional services and which describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and submitted to the secretary of state more than 60 days before the first election at which the municipality uses an electronic voting system. ~~Prior to July~~ Before May 1 of each subsequent general election year, the clerk or auditor shall submit to the secretary of state notification of any changes to the plan on file with the secretary of state. The secretary of state shall review each plan for its sufficiency and may request technical assistance from the Office of Enterprise Technology or other agency which may be operating as the central computer authority. The secretary of state shall notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney general, upon request of the secretary of state, may seek a district court order requiring an election official to fulfill duties imposed by this subdivision or by rules promulgated pursuant to this section.

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Sec. 44. Minnesota Statutes 2008, section 208.03, is amended to read:

208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. ~~On or before primary~~ At least 77 days before the general election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the party candidates for president and vice president.

Sec. 45. Minnesota Statutes 2008, section 211B.045, is amended to read:

211B.045 NONCOMMERCIAL SIGNS EXEMPTION.

In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from ~~August 1~~ 46 days before the state primary in a state general election year until ten days following the state general election.

Sec. 46. Minnesota Statutes 2008, section 410.12, subdivision 1, is amended to read:

Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth.

Sec. 47. Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:

Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than 70 91 days nor less than 56 77 days before the first Tuesday after the first Monday in November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The

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hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

Sec. 48. EFFECTIVE DATE.

This act is effective the day following final enactment.”

Delete the title and insert:

"A bill for an act relating to elections; changing the date of the state primary; changing certain primary-related dates and provisions; amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 1; 203B.081; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 204B.09, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.17; 204D.19; 204D.28, subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision 1a; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 211B.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 204D."

The motion prevailed and the amendment was adopted.

Kiffmeyer moved to amend S. F. No. 2251, the first engrossment, as amended, as follows:

Page 11, delete sections 22 and 23

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Emmer, Doepke, Loon, Nornes, Brod, McFarlane, Buesgens, Sanders, Scott, Severson, Kohls, Murdock and Anderson, S., moved to amend S. F. No. 2251, the first engrossment, as amended, as follows:

Page 4, after line 3, insert:

Sec. 5. [201.017] VOTER IDENTIFICATION CARDS.

Subdivision 1. Access; eligibility. The county auditor must provide at least one location in the county at which it will accept applications for and issue voter identification cards to registered Minnesota voters. A voter identification card is valid only for purposes of voter identification under section 204C.10, and is available only to

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registered Minnesota voters. No fee may be charged or collected for the application for or issuance of a voter identification card. A voter is not eligible for a voter identification card if the voter has a Minnesota driver's license or identification card issued by the Department of Public Safety that is currently valid and will not expire prior to election day.

Subd. 2. Validity. A voter identification card is valid as long as the voter resides at the address indicated on the card and remains qualified to vote. A voter who moves to a different residence within the state must surrender the card to the appropriate county auditor of the new residence. After surrender of an invalid card, a voter may apply for and receive a new card if the voter is otherwise eligible. A person who moves to a residence outside the state of Minnesota or who ceases to be qualified to vote must surrender the voter identification card to the county auditor from which it was issued.

Subd. 3. Documentation required of applicant. (a) An applicant for a voter identification card must submit the following before the county auditor may issue an identification card:

(1) proof of the applicant's current registration to vote in the state of Minnesota;

(2) documentation approved by the secretary of state sufficient to prove residence in Minnesota for purposes of election day voter registration; and

(3) official documentation that contains the applicant's name, current address of residence, and date of birth.

The secretary of state may adopt rules to further describe and define the types of documentation sufficient to meet the requirements of this subdivision.

(b) The application for a voter identification card shall elicit the information required to be printed under subdivision 4. The application must be signed and sworn to by the applicant. An applicant who knowingly submits an application containing false information is guilty of a felony.

(c) Data contained in an application for a voter identification card is private data, as defined in section 13.02, subdivision 12.

Subd. 4. Format of card. The voter identification card shall be captioned "MINNESOTA VOTER IDENTIFICATION CARD," and contain a prominent statement that under Minnesota law, the card is valid only as identification for voting purposes. The voter identification card must be laminated, contain a digital color photograph of the voter, and include the following information about the voter:

(1) full legal name;

(2) address of residence;

(3) birth date;

(4) date identification card was issued;

(5) sex;

(6) height;

(7) weight;

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(8) eye color;

(9) county where identification card was issued; and

(10) any other information prescribed by the secretary of state.

Subd. 5. Duties of secretary of state. The secretary of state shall provide each county auditor with the necessary equipment, forms, supplies, and training for the production of the Minnesota voter identification cards and is responsible for maintaining the equipment.

The secretary of state may adopt any rules necessary to facilitate administration of this section."

Page 10, after line 19, insert:

"Sec. 19. Minnesota Statutes 2008, section 204C.10, is amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in which the court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, is registered and has not already voted in the election. The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

(b) ~~A judge may,~~ Before the applicant signs the roster, a judge: (1) may confirm the applicant's name, address, and date of birth; and (2) except when a voter has a religious objection to being photographed, must require the voter to provide photo identification, as described in subdivision 2.

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

Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in subdivision 1, a voter must present one of the following:

(1) a valid Minnesota driver's license or identification card, issued by the Department of Public Safety;

(2) a valid United States passport;

(3) a valid Minnesota voter identification card issued under section 201.017;

(4) any other valid identification card issued by a branch, department, agency, entity, or subdivision of the state of Minnesota or the federal government, provided that the identification card contains a photograph of the voter; or

(5) a valid tribal identification card containing a photograph of the voter.

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(b) If a voter is unable to produce any of the items of identification listed in paragraph (a), the voter shall be allowed to vote a provisional ballot upon swearing or affirming that the voter is the person identified on the polling place roster. Falsely swearing or affirming the oath shall be punishable as a felony. A provisional ballot may be cast in the manner provided in section 204C.135.

Sec. 20. [204C.135] PROVISIONAL BALLOTS.

Subdivision 1. Casting of provisional ballots. (a) A voter who appears at a polling place for the purpose of casting a ballot in a primary or general election but is unable to provide proper photo identification as required by section 204C.10 is entitled, upon swearing or affirming the voter's identity, to cast a provisional ballot as provided by this section.

(b) A voter seeking to vote a provisional ballot must complete a provisional ballot voting certificate. The certificate must include information about the place, manner, and approximate date on which the voter previously registered to vote. The voter must also swear or affirm in writing that the voter previously registered to vote, is eligible to vote, has not voted previously in that election, and meets the criteria for registering to vote in Minnesota. The form of the provisional ballot voting certificate shall be prescribed by the secretary of state.

(c) Once the voter has completed the provisional ballot voting certificate as required by this subdivision, the voter must be allowed to cast a provisional ballot. The provisional ballot must be the same as that utilized by the county or municipality for mail-in absentee ballots. A completed provisional ballot shall be sealed in the manner required for absentee ballots pursuant to section 203B.07, and deposited by the voter in a secure, sealed ballot box.

Subd. 2. Counting provisional ballots. (a) The head election judge in a precinct where a provisional vote was cast must notify the county auditor or municipal clerk of the number of provisional ballots cast as soon as practicable following the closing of the polls. Provisional ballots and related documentation shall be delivered to and securely maintained by the county auditor or municipal clerk.

(b) A voter who, because of an inability to produce photo identification on election day, cast a provisional ballot in the polling place may personally appear before the county auditor or municipal clerk no later than five business days following the election to determine whether the provisional ballot will be counted. The county auditor or municipal clerk must count a provisional ballot in the final certified results from the precinct if the voter either: (1) presents a form of photo identification permissible under section 204C.10, subdivision 2, or the documentation necessary to secure a Minnesota voter identification card under section 201.017, subdivision 3; or (2) executes an affidavit before the county auditor or municipal clerk, in a form prescribed by the secretary of state, affirming under penalty of perjury that the voter is the same person who appeared in the polling place on election day and cast a provisional ballot and is unable to obtain a sufficient form of photo identification without the payment of a fee and was not able to secure a Minnesota voter identification card prior to election day.

(c) If a voter does not appear before the county auditor or municipal clerk within five business days following the election, or otherwise does not satisfy the requirements of paragraph (b), the voter's provisional ballot must not be counted.

(d) The county auditor or municipal clerk must notify, in writing, any voter who does not appear within five business days of the election that their provisional ballot was not cast because of the voter's failure to provide photo identification at the polling place and the voter's failure to appear within five business days following the election to determine whether the provisional ballot should be counted."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

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The question was taken on the Emmer et al amendment and the roll was called. There were 58 yeas and 73 nays as follows:

Those who voted in the affirmative were: