Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1063

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

TWENTY-SEVENTH DAY

 

Saint Paul, Minnesota, Monday, March 18, 2013

 

 

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

 

††††† Prayer was offered by Jošnne Tromiczak-Neid, Justice Coordinator, Sisters of St. Joseph of Carondelet and Consociates, St. Paul, Minnesota.

 

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

 

††††† The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

††††† A quorum was present.

 

††††† Dill, Hackbarth, Kelly, Loon, Mack and Slocum were excused.

 

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


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1064

PETITIONS AND COMMUNICATIONS

 

 

††††† The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 14, 2013

 

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Thissen:

 

††††† Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. Nos. 66, 90, 365 and 278.

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Sincerely,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Dayton

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

††††† I have the honor to inform you that the following enrolled Acts of the 2013 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2013

 

Date Filed

2013

 

†††††††††††††††††††††††††††††††† 66††††††††††††††††††††††††† 4†††††††††††††††††††††††††††††††††††††††† 2:14 p.m. March 14†††††††††††††††††††††††††††††† March 14

†††††††††††††††††††††††††††††††† 90††††††††††††††††††††††††† 5††††††††††††††††††††††††††††††††††††††† 2:14 p.m. March 14†††††††††††††††††††††††††††††† March 14

†††††††††††††††††††††††††††††† 365††††††††††††††††††††††††† 6†††††††††††††††††††††††††††††††††††††††† 2:15 p.m. March 14††††††††††††††††††††††††††††††† March 14

†††††††††††††††††††††††††††††† 278††††††††††††††††††††††††† 7††††††††††††††††††††††††††††††††††††††† 2:16 p.m. March 14††††††††††††††††††††††††††††††† March 14

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Sincerely,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Ritchie

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Secretary of State


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1065

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 15, 2013

 

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Thissen:

 

††††† Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 582.

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Sincerely,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Dayton

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

††††† I have the honor to inform you that the following enrolled Act of the 2013 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2013

 

Date Filed

2013

 

††††††††††††††††††††††††††††††† 582†††††††††††††††††††††††††† 8†††††††††††††††††††††††††††††††††††††† 11:10 a.m. March 15†††††††††††††††††††††††††††† March 15

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Sincerely,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mark Ritchie

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Secretary of State


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1066

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 110, A bill for an act relating to capital investment; appropriating money for a grant to the city of Brainerd for accessibility improvements to the city civic center; authorizing the sale and issuance of state bonds.

 

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

 

††††† The report was adopted.

 

 

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

 

H. F. No. 129, A bill for an act relating to commerce; regulating mortgage foreclosures; clarifying the definition of a foreclosure consultant; amending Minnesota Statutes 2012, section 325N.01.

 

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

 

††††† The report was adopted.

 

 

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

 

H. F. No. 136, A bill for an act relating to public disclosure; expanding the definition of public official in campaign finance and public disclosure law; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.09, subdivisions 1, 6a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:

 

Subd. 35.Public official."Public official" means any:

 

(1) member of the legislature;

 

(2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research;

 

(3) constitutional officer in the executive branch and the officer's chief administrative deputy;

 

(4) solicitor general or deputy, assistant, or special assistant attorney general;

 

(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1067

(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

 

(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

 

(8) executive director of the State Board of Investment;

 

(9) deputy of any official listed in clauses (7) and (8);

 

(10) judge of the Workers' Compensation Court of Appeals;

 

(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;

 

(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;

 

(13) member or chief administrator of a metropolitan agency;

 

(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;

 

(15) member or executive director of the Higher Education Facilities Authority;

 

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

 

(17) member of the board of directors or executive director of the Minnesota State High School League;

 

(18) member of the Minnesota Ballpark Authority established in section 473.755;

 

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

 

(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;

 

(21) supervisor of a soil and water conservation district;

 

(22) director of Explore Minnesota Tourism;

 

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;

 

(24) citizen member of the Clean Water Council established in section 114D.30; or

 

(25) member or chief executive of the Minnesota Sports Facilities Authority established in section 473J.07.;

 

(26) district court judge, appeals court judge, or supreme court justice; or

 

(27) county commissioner.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1068

Sec. 2.Minnesota Statutes 2012, section 10A.07, is amended to read:

 

10A.07 CONFLICTS OF INTEREST.

 

Subdivision 1.Disclosure of potential conflicts.A public official or a local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession, or occupation, must take the following actions:

 

(1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest;

 

(2) deliver copies of the statement to the official's immediate superior, if any; and

 

(3) if a member of the legislature or of the governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service.

 

If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public or local official must orally inform the superior or the official body of service or committee of the body of the potential conflict.

 

Subd. 2.Required actions.If the official is not a member of the legislature or of the governing body of a metropolitan governmental unit, the superior must assign the matter, if possible, to another employee who does not have a potential conflict of interest.If there is no immediate superior, the official must abstain, if possible, in a manner prescribed by the board from influence over the action or decision in question.If the official is a member of the legislature, the house of service may, at the member's request, excuse the member from taking part in the action or decision in question.If the official is not permitted or is otherwise unable to abstain from action in connection with the matter, the official must file a statement describing the potential conflict and the action taken.A public official must file the statement with the board and a local official must file the statement with the governing body of the official's political subdivision.The statement must be filed within a week of the action taken.

 

Subd. 3.Interest in contract; local officials.This section does not apply to a local official with respect to a matter governed by sections 471.87 and 471.88.

 

Subd. 4.Exception; judges.Notwithstanding subdivisions 1 and 2, a public official who is a district court judge, an appeals court judge, or a Supreme Court justice is not required to comply with the provisions of this section.

 

Sec. 3.Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:

 

Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.

 

(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.

 

(c) "Official" means a public official, an employee of the legislature, a judge, or a local official of a metropolitan governmental unit.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1069

Sec. 4.Minnesota Statutes 2012, section 10A.08, is amended to read:

 

10A.08 REPRESENTATION DISCLOSURE.

 

Subdivision 1.Disclosure required.A public official who represents a client for a fee before an individual, board, commission, or agency that has rulemaking authority in a hearing conducted under chapter 14, must disclose the official's participation in the action to the board within 14 days after the appearance.If the public official fails to disclose the participation within ten business days after the disclosure required by this section was due, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the disclosure was due.The board must send notice by certified mail to a public official who fails to disclose the participation within ten business days after the disclosure was due that the public official may be subject to a civil penalty for failure to disclose the participation.A public official who fails to disclose the participation within seven days after the certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

 

Subd. 2.Exception; judges.Notwithstanding subdivision 1, a public official who is a district court judge, an appeals court judge, or a Supreme Court justice is not required to comply with the provisions of this section.

 

Sec. 5.Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:

 

Subd. 6a.Local officials Place of filing.A public official required to file a statement under this section must file it with the board.A local official required to file a statement under this section must file it with the governing body of the official's political subdivision.The governing body must maintain statements filed with it under this subdivision as public data.If an official position is defined as both a public official and as a local official of a metropolitan governmental unit under this chapter, the official must file the statement with the board.

 

Sec. 6.EFFECTIVE DATE.

 

Sections 1 to 5 are effective January 1, 2014, and apply to public officials elected or appointed to terms of office commencing on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to public disclosure; expanding the definition of public official in campaign finance and public disclosure law; providing clarifying changes; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.07; 10A.071, subdivision 1; 10A.08; 10A.09, subdivision 6a."

 

 

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

 

††††† The report was adopted.

 

 

Wagenius from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:

 

H. F. No. 207, A bill for an act relating to natural resources; appropriating money from the outdoor heritage fund.

 

Reported the same back with the following amendments:

 

Page 1, line 17, delete "91,203,000" and insert "97,644,000"


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1070

Page 10, line 10, delete "23,987,000" and insert "30,383,000"

 

Page 13, after line 20, insert:

 

"(i) Metropolitan Regional Parks Wildlife Habitat Protection and Restoration

 

 

 

 

$6,396,000 in the first year is to the Metropolitan Council to restore and enhance fish and wildlife habitat in forests, prairies, and wetlands in the metropolitan regional parks system.Of this amount:

 

(1) $500,000 is for Dakota County to convert existing agricultural land and low-quality woods and grassland in Whitetail Woods Regional Park to prairie and oak savanna centered around an existing wetland, resulting in substantial habitat improvements for waterfowl and other wildlife;

 

(2) $60,000 is for Dakota County to protect and enhance Miesville Ravine Park Reserve through earth shaping, slope stabilization, and perhaps piping of one severe gully erosion situation and other eroding sites that are presently contributing sediment to Trout Brook, impairing water quality and the brook trout population;

 

(3) $500,000 is for the city of St. Paul to restore two acres of prairie adjacent to Pickerel Lake and to plant and enhance an additional two acres of prairie, five acres of forest, and one acre of wetland in Lilydale Regional Park.This will enhance connectivity of existing natural resources including floodplain forest, upland prairie, and emergent marsh;

 

(4) $915,000 is for the Minneapolis Park and Recreation Board to protect, restore, and enhance shorelines; reduce invasive upland species; and repair erosion and unpaved walking paths at Sweeney and Twin Lakes and to enhance the Wirth Lake wetland complex; reduce invasive upland species; correct erosion problems; close unauthorized trails; and repair unpaved walking paths in Theodore Wirth Regional Park;

 

(5) $468,000 is for Ramsey County to restore 72 acres in Battle Creek Regional Park along the bluff of the Mississippi River, including restoration and enhancement of prairie, savanna, oak woods, and shrub swamp seeps to improve waterfowl and upland game bird feeding and nesting habitats;

 

(6) $210,000 is for the Three Rivers Park District to restore the water quality and game fish habitat in Lake Independence in Barker Park Reserve by reducing phosphorus loading from Spurzem and Half Moon Lakes through treatment with aluminum sulfate;


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1071

(7) $400,000 is for the Three Rivers Park District to enhance and restore the quality of Cleary Lake and restore the fishery by controlling curly-leaf pondweed, reducing phosphorus runoff from the watershed, and controlling internal phosphorus cycling with aluminum sulfate;

 

(8) $200,000 is for Carver County to restore and enhance Lake Minnewashta Regional Park by converting 37 acres of existing turf or old fields to native prairie and oak savanna.These areas are identified in the park master plan as medium to high potential sites for restoration;

 

(9) $270,000 is for Anoka County to restore and enhance 120 acres of prairie and woodland habitat within the 273-acre Mississippi West Regional Park.Outcomes will include increased habitat for game and nongame species and benefits to migratory waterfowl on the Mississippi flyway;

 

(10) $200,000 is for Anoka County to restore 45 acres of prairie and oak savanna and remove invasive species from 40 acres of riparian forest land at Rum River Central Regional Park.The restoration will benefit the adjacent 550-acre Cedar Creek Conservation Area, which is open to hunting and was funded through a recent appropriation from the outdoor heritage fund;

 

(11) $338,000 is for Scott County to restore and enhance 150 acres within the 1,150-acre conservation-focused Doyle-Kennefick Regional Park.The project site is part of an 850-acre mosaic of natural lands including Minnesota County Biological Survey forest and some of the highest-quality wetlands in Scott County.The park master plan identifies this natural complex to be conserved for habitat and biological diversity with very light recreational development;

 

(12) $37,000 is for Scott County to restore and enhance Cedar Lake Farm Regional Park by partnering with the Cedar Lake Improvement District and Scott Watershed Management Organization for four years of treatment to control the curly-leaf pondweed infestation dominating Cedar Lake.The goal is to restore 700 acres of shallow lake, improve fishing opportunities, and increase native aquatic plant habitat;

 

(13) $1,523,000 is for Scott County to restore and enhance 302 acres of contiguous forest, wetlands, and lakeshore in Spring Lake Regional Park by improving habitat for interior forest birds, waterfowl, and amphibians.Adjacent to Upper Prior, Spring, and Arctic Lakes, this site is part of a larger permanent habitat network;


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1072

(14) $425,000 is for Washington County to restore and enhance Lake Elmo Park Reserve by creating 168 acres of interconnected tallgrass prairie through the restoration of 12 wetland basins that are scattered throughout an existing tallgrass prairie complex.These diverse landscapes provide critical habitat for native ground-nesting birds; and

 

(15) $350,000 is for Washington County to restore and enhance rare and unique forest communities identified by the Department of Natural Resources in Lake Elmo Park Reserve and St. Croix Bluffs Regional Park.These forests provide exceptional habitat for native and migrating bird species and represent some of the best opportunities for avian habitat improvement in Washington County.

 

Funded projects must implement priority natural resource management plan components of regional park master plans approved by the Metropolitan Council."

 

Page 13, line 21, delete "(i)" and insert "(j)"

 

Page 14, line 3, after "costs" insert ", and $10,000 is for outreach efforts to encourage underrepresented communities to apply for grants under this paragraph"

 

Page 14, line 8, after "a" insert "cash"

 

Page 14, delete line 10

 

Page 15, line 14, delete "1,206,000" and insert "1,251,000"

 

Page 16, line 4, delete "$45,000" and insert "$90,000"

 

Page 18, after line 35, insert:

 

"Subd. 10.Appropriations carryforward; fee title acquisition

 

 

 

 

The availability of the appropriation for the following project is extended to July 1, 2015:Laws 2010, chapter 361, article 1, section 2, subdivision 5, paragraph (h), Washington County St. Croix River Land Protection, and the appropriation may be spent on acquisition of land in fee title to protect habitat associated with the St. Croix River Valley.A list of proposed acquisitions must be provided as part of the accomplishment plan.

 

Subd. 11.Conservation Corps Minnesota

 

 

 

 

 

A recipient of money from an appropriation under this section must give consideration to and make timely written contact with Conservation Corps Minnesota for possible use of the corps' services to contract for restoration and enhancement services.A copy of the written contact must be filed with the Lessard-Sams Outdoor Heritage Council within 15 days of execution.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1073

Sec. 3.Minnesota Statutes 2012, section 97A.056, subdivision 10, is amended to read:

 

Subd. 10.Restoration evaluations.The commissioner of natural resources and the Board of Water and Soil Resources may convene a technical evaluation panel comprised of five members, including one technical representative from the Board of Water and Soil Resources, one technical representative from the Department of Natural Resources, one technical expert from the University of Minnesota or the Minnesota State Colleges and Universities, and two representatives with expertise in the project being evaluated.The board and the commissioner may add a technical representative from a unit of federal or local government.The members of the technical evaluation panel may not be associated with the restoration, may vary depending upon the projects being reviewed, and shall avoid any potential conflicts of interest.Each year, the board and the commissioner may assign a coordinator to identify a sample of up to ten habitat restoration projects completed with outdoor heritage funding.The coordinator shall secure the restoration plans for the projects specified and direct the technical evaluation panel to evaluate the restorations relative to the law, current science, and the stated goals and standards in the restoration plan and, when applicable, to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.The coordinator shall summarize the findings of the panel and provide a report to the chair of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of representatives and senate policy and finance committees with jurisdiction over natural resources and spending from the outdoor heritage fund.The report shall determine if the restorations are meeting planned goals, any problems with the implementation of restorations, and, if necessary, recommendations on improving restorations.The report shall be focused on improving future restorations.Up to one-tenth of one percent of forecasted receipts from the outdoor heritage fund may be used for restoration evaluations under this section.

 

Sec. 4.Minnesota Statutes 2012, section 97A.056, is amended by adding a subdivision to read:

 

Subd. 20.Acquisitions of lands or interest in lands; commissioner approval; appraisals.(a) A recipient of an appropriation from the outdoor heritage fund that acquires an interest in real property must receive written approval from the commissioner of natural resources prior to the acquisition, if the interest is acquired in whole or in part with the appropriation.Conservation easements to be held by the Board of Water and Soil Resources are not subject to commissioner approval under this section.

 

(b) The commissioner shall approve acquisitions under this section only when the interest in real property:

 

(1) is identified as a high priority by the commissioner and meets the objectives and criteria identified in the applicable acquisition plan for the intended management status of the property; or

 

(2) is otherwise identified by the commissioner as a priority for state financing.

 

Sec. 5.Minnesota Statutes 2012, section 97A.056, is amended by adding a subdivision to read:

 

Subd. 21.Value assessment.Prior to acquiring an interest in real property with an appropriation from the outdoor heritage fund, a recipient of an appropriation must submit the most recent tax assessed value of the real property and the amount the recipient plans to offer for the interest in real property to the Lessard-Sams Outdoor Heritage Council and the commissioner of natural resources."

 

Amend the title as follows:

 

Page 1, line 2, after "fund" insert "; modifying restoration evaluation requirements; establishing certain land acquisition requirements;"

 

Correct the title numbers accordingly

 

 

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

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1074

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 407, A bill for an act relating to agriculture; appropriating money for the agricultural growth, research, and innovation program.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance without further recommendation.

 

††††† The report was adopted.

 

 

Huntley from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 483, A bill for an act relating to health; requiring screening of newborns for critical congenital heart disease; proposing coding for new law in Minnesota Statutes, chapter 144.

 

Reported the same back with the following amendments:

 

Page 2, line 3, delete ", and the establishment of a CCHD registry"

 

 

With the recommendation that when so amended the bill pass.

 

††††† The report was adopted.

 

 

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

 

H. F. No. 504, A bill for an act relating to workers' compensation reinsurance; eliminating the reinsurance association prefunded limit; amending Minnesota Statutes 2012, section 79.35.

 

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

 

††††† The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 573, A bill for an act relating to insurance; regulating the public employees insurance program; requiring participation by certain school employers; amending Minnesota Statutes 2012, section 43A.316, subdivisions 2, 4, 5, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 5, line 5, delete the second "coverage" and insert "a bid"

 

Page 5, line 6, delete "coverage than" and insert "or similar benefits and network as the"

 

 

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

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1075

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 588, A bill for an act relating to health; requiring hospitals to provide staffing at levels consistent with nationally accepted standards; requiring reporting of staffing levels; proposing coding for new law in Minnesota Statutes, chapter 144.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.STAFFING PLAN DISCLOSURE ACT.

 

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

 

(b) "Core staffing plan" means the projected number of full-time equivalent nonmanagerial care staff that will be assigned in a 24-hour period to an inpatient care unit.

 

(c) "Nonmanagerial care staff" means registered nurses, licensed practical nurses, and other health care workers, which may include but is not limited to nursing assistants, nursing aides, patient care technicians, and patient care assistants, who perform nonmanagerial direct patient care functions for more than 50 percent of their scheduled hours on a given patient care unit.

 

(d) "Inpatient care unit" means a designated inpatient area for assigning patients and staff for which a distinct staffing plan exists and that operates 24 hours per day, seven days per week in a hospital setting.Inpatient care unit does not include any hospital-based clinic, long-term care facility, or outpatient hospital department.

 

(e) "Staffing hours per patient day" means the number of full-time equivalent nonmanagerial care staff who will ordinarily be assigned to provide direct patient care divided by the expected average number of patients upon which such assignments are based.

 

(f) "Patient acuity tool" means a system for measuring an individual patient's need for nursing care.This includes utilizing a professional registered nursing assessment of patient condition to assess staffing need.

 

Subd. 2.Hospital staffing report.(a) The chief nursing executive or nursing designee of every reporting hospital in Minnesota under section 144.50 will develop a core staffing plan for each patient care unit.

 

(b) Core staffing plans shall specify the full-time equivalent for each patient care unit for each 24-hour period.

 

(c) Prior to submitting the core staffing plan, as required in subdivision 3, hospitals shall consult with representatives of the hospital medical staff, managerial and nonmanagerial care staff, and other relevant hospital personnel about the core staffing plan and the expected average number of patients upon which the staffing plan is based.

 

Subd. 3.Standard electronic reporting developed.The Minnesota Hospital Association shall include each reporting hospital's core staffing plan on the Minnesota Hospital Association's Minnesota Hospital Quality Report Web site.Any substantial changes to the core staffing plan shall be updated within 30 days.The Minnesota Hospital Association shall include on its Web site for each reporting hospital on a quarterly basis the actual direct patient care hours per patient and per unit.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1076

Sec. 2.STUDY.

 

The Department of Health shall convene a work group to study the correlation between nurse staffing levels and patient outcomes.This report shall be presented to the chairs and ranking minority members of the health and human services committees in the house of representatives and the senate by January 15, 2015."

 

Delete the title and insert:

 

"A bill for an act relating to health; requiring a hospital staffing report; requiring a study on nurse staffing levels and patient outcomes."

 

 

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

 

††††† The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 590, A bill for an act relating to crime; prescribing criminal penalties for assaulting a transit operator; amending Minnesota Statutes 2012, section 609.2231, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 14 to 18

 

Page 1, line 19, delete "(c)" and insert "(b)"

 

Page 1, line 21, delete ", within the metropolitan" and insert a semicolon

 

Page 1, delete lines 22 and 23

 

Page 1, line 24, delete "within the metropolitan area"

 

Page 2, delete lines 4 and 5

 

 

With the recommendation that when so amended the bill pass.

 

††††† The report was adopted.

 

 

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 595, A bill for an act relating to natural resources; establishing a honey bee habitat program; allowing honey bee habitat projects on lands under certain conservation easements; amending Minnesota Statutes 2012, section 103F.515, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 84.

 

Reported the same back with the following amendments:


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1077

Page 1, line 8, after "establish" insert "criteria for"

 

Page 1, line 9, delete everything after the period and insert "The criteria must include identification of"

 

Page 1, line 10, delete "shall identify" and delete "and ensure" and insert "so that"

 

Page 1, delete lines 12 to 16 and insert "Other required criteria include:a list of suitable plantings, whether to exclude native prairies or scientific and natural areas, whether to incorporate nonnative species, and other criteria necessary for a successful program."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

††††† The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 634, A bill for an act relating to commerce; weights and measures; clarifying sales from bulk to ensure compliance with biodiesel fuel mandate; adding a requirement for identical product pricing; making technical updates to bring state into compliance with most recent federal fuel standards; modifying E85 requirements; amending Minnesota Statutes 2012, sections 239.092; 239.751, by adding a subdivision; 239.761, subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision; 239.77, subdivision 1; 296A.01, subdivision 19.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 2, delete section 2 and insert:

 

"Section 1.Minnesota Statutes 2012, section 239.751, is amended by adding a subdivision to read:

 

Subd. 9.Identical pricing product requirement.Petroleum product dispensed from a single storage tank or from multiple storage tanks that are joined in such a manner that the product is commingled while still in the tanks must have an identical base price at each retail dispenser from which it is offered for sale.This requirement does not preclude the application of discounts for cash, self-service, customer loyalty programs, or other discount programs on any basis except octane to the base price at each dispenser.

 

For the purpose of this subdivision, "base price" means the highest unit price of a petroleum product dispensed from a single storage tank or from multiple storage tanks that are joined in such a manner that the product is commingled while still in the tanks, including taxes and fees, and before the application of discounts, including, but not limited to, discounts for cash, self-service, customer loyalty programs, and coupons."

 

Page 4, delete section 8 and insert:

 

"Sec. 7.Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:

 

Subd. 8.Diesel fuel oil.Diesel fuel oil must comply with ASTM specification D975-07b.(a) When diesel fuel oil is not blended with biodiesel, it must comply with ASTM specification D975-12a.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1078

(b) When diesel fuel oil is a blend of up to five volume percent biodiesel, the diesel component must comply with ASTM specification D975-12a and the biodiesel component must comply with ASTM specification D675-11b."

 

Page 4, line 18, strike "at least 60 percent"

 

Page 4, line 19, strike "ethanol and"

 

Page 5, line 6, before "shall" insert "sold to an end user" and delete everything after "than" and insert "87."

 

Page 5, delete lines 7 to 9

 

Page 5, after line 21, insert:

 

"Sec. 15.Minnesota Statutes 2012, section 239.77, subdivision 4, is amended to read:

 

Subd. 4.Disclosure.(a) A refinery or terminal shall provide, at the time diesel fuel is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest to the person who receives the fuel.For biodiesel-blended products, the bill of lading or shipping manifest must disclose biodiesel content, stating volume percentage, gallons of biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation where "xx" denotes the volume percent biodiesel included in the blended product.This subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, between terminals, or between a refinery and a terminal.

 

(b) A delivery ticket required under section 239.092 for a biodiesel blend must state the volume percent of biodiesel blended into the diesel fuel delivered through a meter into a storage tank used for dispensing into motor vehicles powered by an internal combustion engine and not exempt under subdivision 3.

 

Sec. 16.Minnesota Statutes 2012, section 239.791, subdivision 8, is amended to read:

 

Subd. 8.Disclosure.(a) A refinery or terminal, shall provide, at the time gasoline is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest to the person who receives the gasoline.For oxygenated gasoline, the bill of lading or shipping manifest must include the identity and the volume percentage or gallons of oxygenate included in the gasoline, and it must state:"This fuel contains an oxygenate.Do not blend this fuel with ethanol or with any other oxygenate."For nonoxygenated gasoline sold or transferred after September 30, 1997, the bill or manifest must state:"This fuel is not oxygenated.It must not be sold at retail in Minnesota."This subdivision does not apply to sales or transfers of gasoline between refineries, between terminals, or between a refinery and a terminal.

 

(b) A delivery ticket required under section 239.092 for biofuel blended with gasoline must state the volume percent of biofuel blended into gasoline delivered through a meter into a storage tank used for dispensing by persons not exempt under subdivisions 10 to 14."

 

Page 5, line 25, delete "greater than 50" and strike everything after "volume" and insert a period

 

Page 5, strike line 26

 

Page 5, line 27, strike everything before "E85"

 

Page 5, line 31, delete "16" and insert "17"

 

Renumber the sections in sequence


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1079

Amend the title as follows:

 

Page 1, line 2, delete everything after the second semicolon

 

Page 1, line 3, delete everything before "adding"

 

Page 1, line 5, after the first semicolon, insert "establishing a minimum octane rating; modifying disclosure requirements for biodiesel and biofuel blends;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

††††† The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 637, A bill for an act relating to elections; modifying provisions related to voter registration; modifying certain election administration procedures for individuals who have been convicted of a felony; appropriating money; amending Minnesota Statutes 2012, sections 201.054, subdivision 2, by adding a subdivision; 201.157; 201.275; 203B.06, subdivision 3; 204C.14; 241.065, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 244.

 

Reported the same back with the following amendments:

 

Page 4, delete section 4 and insert:

 

"Sec. 4.Minnesota Statutes 2012, section 201.275, is amended to read:

 

201.275 INVESTIGATIONS; PROSECUTIONS.

 

A county attorney who law enforcement agency that is notified by affidavit of an alleged violation of this chapter shall promptly investigate.If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury.A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction shall forfeit office.The county attorney, under the penalty of forfeiture of office, shall prosecute all violations of this chapter except violations of this section; if, however, a complainant withdraws an allegation under this chapter, the county attorney is not required to proceed with the prosecution according to the generally applicable standards regarding the prosecutorial functions and duties of a county attorney."

 

 

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

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1080

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

 

H. F. No. 662, A bill for an act relating to health; modifying a provision in the health professional education loan forgiveness program; requiring radon education disclosure for residential real property; changing provisions for tuberculosis standards; changing adverse health events reporting requirements; modifying a poison control provision; providing liability coverage for certain volunteer medical personnel and permitting agreements to conduct criminal background studies; defining occupational therapy practitioners; changing provisions for occupational therapy; amending prescribing authority for legend drugs; amending Minnesota Statutes 2012, sections 144.1501, subdivision 4; 144.50, by adding a subdivision; 144.55, subdivision 3; 144.56, by adding a subdivision; 144.7065, subdivisions 2, 3, 4, 5, 6, 7, by adding a subdivision; 144A.04, by adding a subdivision; 144A.45, by adding a subdivision; 144A.752, by adding a subdivision; 144D.08; 145.93, subdivision 3; 145A.04, by adding a subdivision; 145A.06, subdivision 7; 148.6402, by adding a subdivision; 148.6440; 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 144; 145A; repealing Minnesota Statutes 2012, sections 144.1487; 144.1488, subdivisions 1, 3, 4; 144.1489; 144.1490; 144.1491.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2 and insert:

 

"Sec. 2.[144.496] MINNESOTA RADON AWARENESS ACT.

 

Subdivision 1.Citation.This section may be cited as the "Minnesota Radon Awareness Act."

 

Subd. 2.Definitions.(a) The following terms used in this section have the meanings give them.

 

(b) "Buyer" means any individual, partnership, corporation, or trustee entering into an agreement to purchase any residential real estate or interest in real property.

 

(c) "Elevated radon concentration" means a radon concentration above the United States Environmental Protection Agency's radon action level.

 

(d) "Mitigation" means measures designed to permanently reduce indoor radon concentrations.

 

(e) "Radon test" means a measurement of indoor radon concentrations according to established industry standards for residential real property.

 

(f) "Residential real property" means property occupied as, or intended to be occupied as, a single-family residence, including a unit in a common interest community as defined in section 515B.1-103, clause (10), regardless of whether the unit is in a common interest community not subject to chapter 515B.

 

(g) "Seller" means any individual, partnership, corporation, or trustee transferring residential real property in return for consideration.

 

Subd. 3.Radon disclosure.(a) Before signing an agreement to sell or transfer residential real property, the seller or transferor shall disclose in writing to the buyer or transferee any knowledge the seller or transferor has of radon concentrations in the dwelling.The disclosure shall include:

 

(1) whether a radon test or tests have occurred on the property;

 

(2) the most current records and reports pertaining to radon concentrations within the dwelling;


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1081

(3) a description of any radon concentrations, mitigation, or remediation;

 

(4) information regarding the radon mitigation system, including system description and documentation, if such system has been installed in the dwelling; and

 

(5) a radon warning statement, meeting the requirements of subdivision 4.

 

(b) The seller or transferor shall provide the buyer or transferee with the Minnesota Department of Health publication entitled "Radon in Real Estate Transactions."

 

(c) If any of the requirements of this section occur after the buyer signs an agreement to purchase or transfer the residential real property, the seller shall complete the required activities prior to signing an agreement to sell or transfer the residential real property and allow the buyer an opportunity to review the information and possibly amend the agreement without penalty to the buyer.

 

Subd. 4.Radon warning statement.The radon warning statement must include the following language:

 

"Radon Warning Statement

 

The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchasing or taking occupancy and recommends having the radon levels mitigated if elevated radon concentrations are found.Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator.

 

Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer.Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall.The seller of an interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling."

 

EFFECTIVE DATE.This section is effective January 1, 2014, and applies to an agreement to sell or transfer residential real property executed on or after that date."

 

Page 15, line 7, delete ", adjudicated delinquent,"

 

Page 15, line 12, delete "used to match state health occupational licensing or national databases"

 

 

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

 

††††† The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 690, A bill for an act relating to employment; limiting reliance on criminal history for employment purposes; providing for remedies; imposing penalties; amending Minnesota Statutes 2012, sections 181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.

 

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

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1082

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 699, A bill for an act relating to military officers; providing for reimbursement grants to local units of government for public safety personnel on authorized leave; amending Minnesota Statutes 2012, sections 190.16, by adding a subdivision; 192.26, by adding a subdivision.

 

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

 

††††† The report was adopted.

 

 

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 703, A bill for an act relating to human services; modifying a child care assistance financial eligibility provision; modifying commissioner's duties; amending Minnesota Statutes 2012, sections 119B.09, subdivision 9a; 256.01, by adding a subdivision.

 

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

 

††††† The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 731, A bill for an act relating to natural resources; modifying commissioner's authority; providing for exemption for water-related service provider training; extending Matthew Lourey Trail; modifying certain fees; creating certain state park permit exemption; providing for duplicate cross-country ski pass; providing for wildlife rehabilitation permit exemption; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, by adding a subdivision; 84D.108, subdivision 2; 85.015, subdivision 13; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.42; 97A.401, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2 and insert:

 

"Sec. 2.Minnesota Statutes 2012, section 84D.108, subdivision 2, is amended to read:

 

Subd. 2.Permit requirements.(a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit.Service provider permits are valid for three calendar years.

 

(b) A $50 application and testing fee is required for service provider permit applications.

 

(c) Persons working for a permittee must satisfactorily complete aquatic invasive species-related training provided by the commissioner, except as provided under paragraph (d).

 

(d) A person working for and supervised by a permittee is not required to complete the training under paragraph (c) if the water-related equipment or other water-related structures remain on the riparian property owned or controlled by the permittee and are only removed from and placed into the same water of the state."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1083

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 742, A bill for an act relating to natural resources; modifying commissioner's authorities and duties; modifying definitions; modifying watercraft provisions; providing for certain license seizures; modifying game and fish license provisions; modifying trespass law; modifying requirements for taking game and fish; providing for certain all-terrain vehicle registration and watercraft license exemptions; modifying nonresident all-terrain vehicle state trail pass requirements; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 84.922, subdivision 1a; 84.9275, subdivision 1; 86B.005, subdivision 18, by adding subdivisions; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441, subdivisions 6, 6a; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 8; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071; 97B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.375; 97C.376, subdivisions 1, 2, 3; repealing Minnesota Statutes 2012, sections 97A.451, subdivision 4a; 97C.346; Minnesota Rules, part 6264.0400, subpart 8.

 

Reported the same back with the following amendments:

 

Page 2, line 34, strike "adopted" and insert "effective"

 

Page 4, after line 29, insert:

 

"EFFECTIVE DATE.This section is effective January 1, 2014."

 

Page 13, delete sections 25 and 26

 

Page 19, after line 29, insert:

 

"Sec. 40.RULEMAKING; REMOVING SPEARING RESTRICTIONS.

 

The commissioner of natural resources shall amend Minnesota Rules, part 6264.0400, subparts 8, 27, 74, 75, and 76, to remove restrictions on taking fish by spearing for the following lakes:Big Mantrap, Lobster, Beers, West Battle, Deer, Cross, Sugar, Eagle, Owasso, North Star, Moose, and Spider.The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388."

 

Page 20, line 2, delete ", and"

 

Page 20, line 3, delete "Minnesota Rules, part 6264.0400, subpart 8"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 4, delete the second "modifying"

 

Page 1, line 5, delete "trespass law;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1084

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 757, A bill for an act relating to natural resources; providing Minnesota Zoo certain wild animal exemptions; amending Minnesota Statutes 2012, section 85A.02, subdivision 10.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "and 97A" and insert "97A, 97B, and 97C"

 

Page 1, line 12, delete "chapter 97A" and insert "chapters 97A, 97B, 97C,"

 

Page 1, line 13, delete everything after the period

 

Page 1, delete line 14

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment and Natural Resources Policy.

 

††††† The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 766, A bill for an act relating to human services; modifying pilot programs for health care delivery networks; amending Minnesota Statutes 2012, section 256B.0756.

 

Reported the same back with the following amendments:

 

Page 1, line 12, after the period, insert "The commissioner may identify individuals to be enrolled in the Hennepin County pilot program based on zip code in Hennepin County or whether the individuals would benefit from an integrated health care delivery network."

 

 

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

 

††††† The report was adopted.

 

 

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

 

H. F. No. 792, A bill for an act relating to civil actions; prohibiting waivers of liability for negligent conduct; proposing coding for new law in Minnesota Statutes, chapter 604.

 

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

 

††††† The report was adopted.


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1085

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 798, A bill for an act relating to transportation; data practices; classifying certain Minnesota road use test participation data; classifying certain construction manager and general contractor contract data; amending Minnesota Statutes 2012, section 13.72, by adding subdivisions.

 

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

 

††††† The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 804, A bill for an act relating to corrections; allowing Department of Corrections to access data to track employment of offenders sentenced to probation for the purpose of case planning; amending Minnesota Statutes 2012, section 268.19, subdivision 1.

 

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

 

††††† The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 826, A bill for an act relating to education; providing for safe and supportive schools; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 120B.36, subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.60, subdivisions 1a, 3; 124D.10, subdivision 8; 124D.895, subdivision 1; 124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012, sections 121A.03; 121A.0695.

 

Reported the same back with the following amendments:

 

Page 3, line 13, delete the first "community" and insert "or district"

 

Page 3, line 21, after "contractor" insert ", if a contractor regularly interacts with students,"

 

 

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

 

††††† The report was adopted.

 

 

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

 

H. F. No. 829, A bill for an act relating to housing; landlord and tenant; amending certain provisions relating to tenants holding over; modifying certain time for appeal and notice of hearing; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2012, sections 504B.285, subdivisions 1a, 1b; 504B.371, subdivision 2; 504B.385, subdivision 5; repealing Minnesota Statutes 2012, section 504B.285, subdivision 1c.

 

Reported the same back with the following amendments:


Journal of the House - 27th Day - Monday, March 18, 2013 - Top of Page 1086

Page 1, after line 8, insert:

 

"Section 1.Minnesota Statutes 2012, section 504B.151, subdivision 1, is amended to read:

 

Subdivision 1.Limitation on lease and notice to tenant.(a) Once a landlord has received notice of a contract for deed cancellation under section 559.21 or notice of a mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under chapter 581, the landlord may only enter into (i) a periodic residential lease agreement with a term of not more than two months or the time remaining in the contract cancellation period or the mortgagor's redemption period, whichever is less or (ii) a fixed term residential tenancy not extending beyond the cancellation period or the landlord's period of redemption until:

 

(1) the contract for deed has been reinstated or paid in full;

 

(2) the mortgage default has been cured and the mortgage reinstated;

 

(3) the mortgage has been satisfied;

 

(4) the property has been redeemed from a foreclosure sale; or

 

(5) a receiver has been appointed.

 

(b) Before entering into a lease under this section and accepting any rent or security deposit from a tenant, the landlord must notify the prospective tenant in writing that the landlord has received notice of a contract for deed cancellation or notice of a mortgage foreclosure sale as appropriate, and the date on which the contract cancellation period or the mortgagor's redemption period ends.

 

(c) This section does not apply to a manufactured home park as defined in section 327C.01, subdivision 5.

 

(d) A landlord who violates the requirements in this subdivision is liable to the lessee for a civil penalty of $500, unless the landlord falls under the exception in subdivision 2.The remedy provided under this paragraph is in addition to and shall not limit other rights or remedies available to landlords and tenants."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after "tenant," insert "imposing civil penalty for certain violations;"

 

Correct the title numbers accordingly

 

 

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

 

††††† The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 857, A bill for an act relating to public pensions; imposing an insurance surcharge; modifying pension aids; providing pension funding; amending Minnesota Statutes 2012, section 69.021, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 297I.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.Minnesota Statutes 2012, section 69.021, is amended by adding a subdivision to read:

 

Subd. 12.Surcharge aid accounts.(a) A surcharge fire pension aid account is established in the general fund to receive amounts as provided under section 297I.07, subdivision 3, clause (1).The commissioner shall administer the account and allocate money in the account as follows:

 

(1) 17.342 percent as supplemental state pension funding paid to the executive director of the Public Employees Retirement Association for deposit in the public employees police and fire retirement fund established by section 353.65, subdivision 1;

 

(2) 8.658 percent to municipalities employing firefighters with retirement coverage by the public employees police and fire retirement plan, allocated in proportion to the relationship that the preceding June 30 number of firefighters employed by each municipality who have public employees police and fire retirement plan coverage bears to the total preceding June 30 number of municipal firefighters covered by the public employees police and fire retirement plan; and

 

(3) 74 percent for municipalities other than the municipalities receiving a disbursement under clause (2) which qualified to receive fire state aid in that calendar year, allocated in proportion to the most recent amount of fire state aid paid under subdivision 7 for the municipality bears to the most recent total fire state aid for all municipalities other than the municipalities receiving a disbursement under clause (2) paid under subdivision 7, with the allocated amount for fire departments participating in the voluntary statewide lump-sum volunteer firefighter retirement plan paid to the executive director of the Public Employees Retirement Association for deposit in the fund established by section 353G.02, subdivision 3, and credited to the respective account and with the balance paid to the treasurer of each municipality for transmittal within 30 days of receipt to the treasurer of the applicable volunteer firefighter relief association for deposit in its special fund.

 

(b) A surcharge police pension aid account is established in the general fund to receive amounts as provided by section 297I.07, subdivision 3, clause (2).The commissioner shall administer the account and allocate money in the account as follows:

 

(1) one-third to be distributed as police state aid as provided under subdivision 7a; and

 

(2) two-thirds to be apportioned, on the basis of the number of active police officers certified for police state aid receipt under section 69.011, subdivisions 2 and 2b, between:

 

(i) the executive director of the Public Employees Retirement Association for deposit as a supplemental state pension funding aid in the public employees police and fire retirement fund established by section 353.65, subdivision 1; and

 

(ii) the executive director of the Minnesota State Retirement System for deposit as a supplemental state pension funding aid in the state patrol retirement fund.

 

(c) On or before September 1, annually, the executive director of the Public Employees Retirement Association shall report to the commissioner the following:

 

(1) the municipalities which employ firefighters with retirement coverage by the public employees police and fire retirement plan;


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(2) the number of firefighters with public employees police and fire retirement plan employed by each municipality;

 

(3) the fire departments covered by the voluntary statewide lump-sum volunteer firefighter retirement plan; and

 

(4) any other information requested by the commissioner to administer the surcharge fire pension aid account.

 

(d) For this subdivision, (i) the number of firefighters employed by a municipality who have public employees police and fire retirement plan coverage means the number of firefighters with public employees police and fire retirement plan coverage that were employed by the municipality for not less than 30 hours per week for a minimum of six months prior to December 31 preceding the date of the payment under this section and, if the person was employed for less than the full year, prorated to the number of full months employed; and, (ii) the number of active police officers certified for police state aid receipt under section 69.011, subdivisions 2 and 2b means, for each municipality, the number of police officers meeting the definition of peace officer in section 69.011, subdivision 1, counted as provided and limited by section 69.011, subdivisions 2 and 2b.

 

(e) The payments under this section shall be made on October 1 each year, based on the amount in the surcharge fire pension aid account and the amount in the surcharge police pension aid account on the preceding June 30, with interest at 1 percent for each month, or portion of a month, that the amount remains unpaid after October 1.The amounts necessary to make the payments under this subdivision are annually appropriated to the commissioner from the surcharge fire and police pension aid accounts.Any necessary adjustments shall be made to subsequent payments.

 

(f) The provisions of this chapter that prevent municipalities and relief associations from being eligible for, or receiving state aid under this chapter until the applicable financial reporting requirements have been complied with, apply to the amounts payable to municipalities and relief associations under this subdivision.

 

EFFECTIVE DATE.This section is effective beginning in the fiscal year beginning July 1, 2013.

 

Sec. 2.[297I.07] SURCHARGE ON HOMEOWNERS AND AUTO POLICIES.

 

Subdivision 1.Surcharge on policies.(a) Each licensed insurer engaged in writing insurance shall collect a surcharge equal to $5 per calendar year for each policy issued or renewed during that calendar year for:

 

(1) homeowners insurance authorized in section 60A.06, subdivision 1, clause (1)(c); and

 

(2) automobile insurance as defined in section 65B.14, subdivision 2.

 

(b) The surcharge amount collected under this subdivision must not be considered premium for any other purpose.The surcharge amount must be separately stated on either a billing or policy declaration or document containing similar information sent to an insured.

 

Subd. 2.Collection and administration.The commissioner shall administer the surcharge imposed by this section in the same manner as the taxes imposed by this chapter.

 

Subd. 3.Deposit of revenues.The commissioner shall deposit revenues from the surcharge under this section as follows:

 

(1) amounts from the surcharge imposed under subdivision 1, paragraph (a), clause (1), in a surcharge fire pension aid account in the general fund; and


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(2) amounts from the surcharge imposed under subdivision 1, paragraph (a), clause (2), in a surcharge police pension aid account in the general fund.

 

Subd. 4.Surcharge termination.The surcharge imposed under subdivision 1 ends on the December 31 next following the actuarial valuation date on which the assets of the retirement plan on a market value equals or exceeds 90 percent of the total actuarial accrued liabilities of the retirement plan as disclosed in an actuarial valuation prepared under section 356.215 and the Standards for Actuarial Work promulgated by the Legislative Commission on Pensions and Retirement, for the State Patrol retirement plan or the public employees police and fire retirement plan, whichever occurs last.

 

EFFECTIVE DATE.This section is effective for policies issued after June 30, 2013."

 

Delete the title and insert:

 

"A bill for an act relating to public pensions; imposing an insurance surcharge; modifying pension aids; providing pension funding; amending Minnesota Statutes 2012, section 69.021, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 297I."

 

 

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

 

††††† The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 883, A bill for an act relating to economic development; creating a trade policy advisory group; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "11" and insert "13"

 

Page 1, line 13, delete "a representative" and insert "two representatives"

 

Page 2, line 1, delete "other"

 

Page 2, line 15, delete "government procurement agreements of"

 

Page 2, line 16, delete "government procurement" and insert "federal trade"

 

Page 2, line 21, delete "government" and insert "federal trade"

 

Page 2, line 22, delete "procurement"

 

Page 2, delete lines 24 and 25

 

Page 2, line 26, delete "(6)" and insert "(5)"

 

Page 2, line 28, delete "as directed by the governor or the legislature"


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Page 2, line 29, delete "(7)" and insert "(6)"

 

Page 2, after line 32, insert:

 

"Sec. 2.REPORT TO LEGISLATURE REQUIRED.

 

(a) The Department of Administration must file with the governor, the speaker of the house, the majority leader of the senate, and the trade policy advisory group an annual report analyzing the following impacts of trade policy on the state:

 

(1) an audit of the amount of public contract work being performed overseas;

 

(2) an audit of government goods being procured from overseas;

 

(3) a study of the impact of federal trade agreements and local employment levels, tax revenues, and retraining and adjustment costs;

 

(4) an analysis of the constraints trade rules place on state regulatory authority including, but not limited to, the state's ability to preserve the environment, protect public health and safety, and provide high-quality public services; and

 

(5) findings and recommendations of specific actions the state should take in response to the impacts of trade on the state identified in clauses (1) to (4).These actions may include, but shall not be limited to:

 

(i) revocation of the state's consent to be bound by the procurement rules of international trade agreements;

 

(ii) prohibition of offshore performance of state contract work and preferences for domestic content in state purchasing;

 

(iii) state support for cases brought under federal trade laws by residents of the state;

 

(iv) state advocacy for reform of trade agreements and trade laws at the federal level; and

 

(v) implementation of a growth strategy formulated with business, labor, and community participation.The strategy may include, but not be limited to:

 

(A) more effective early warning and layoff aversion measures;

 

(B) increased assistance and adjustment programs for displaced workers and trade-impacted communities;

 

(C) stronger standards and accountability for recipients of state subsidies and incentives;

 

(D) investments in workforce training and development;

 

(E) investments in technology and infrastructure; and

 

(F) increased access to capital for local producers.

 

(b) Within 30 days of receipt of the annual trade impact report:


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(1) the governor shall review the report and issue a public statement explaining which of the report's recommendations for specific action under paragraph (a), clause (5), the governor must act upon in the next 30 days, whether through executive action or proposed legislation; and

 

(2) the legislature shall review the report, hold public hearings on the report's recommendations for specific action under paragraph (a), clause (5), and introduce legislation to enact those recommendations accepted by the legislature."

 

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "requiring a report;"

 

 

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

 

††††† The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 886, A bill for an act relating to human services; providing nursing facility and elderly waiver rate increases; amending Minnesota Statutes 2012, section 256B.434, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 12, delete the colon and insert a semicolon

 

Page 1, after line 12, insert:

 

"(2) a quality add-on equal to:"

 

Page 1, line 16, delete "nursing facilities are eligible for"

 

Page 1, line 22, delete "(2)" and insert "(3)"

 

Page 2, lines 4 and 20, delete "(2)" and insert "(3)"

 

Page 6, line 4, delete "subdivision" and insert "section"

 

 

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

 

††††† The report was adopted.

 

 

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

 

H. F. No. 892, A bill for an act relating to families; updating the Uniform Interstate Family Support Act; amending Minnesota Statutes 2012, sections 518C.101; 518C.102; 518C.103; 518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207; 518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305;


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518C.306; 518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314; 518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503; 518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603; 518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610; 518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota Statutes 2012, section 518C.502.

 

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

 

††††† The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 894, A bill for an act relating to elections; requiring training for polling place challengers; imposing additional requirements on polling place challengers; amending Minnesota Statutes 2012, section 204C.07, subdivisions 1, 2, 4, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

ABSENTEE VOTING

 

Section 1.Minnesota Statutes 2012, section 5B.06, is amended to read:

 

5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

 

A program participant who is otherwise eligible to vote may register with the secretary of state as an ongoing a permanent absentee voter.Notwithstanding section 203B.04, subdivision 5, the secretary of state is not required to send an absentee ballot application prior to each election to a program participant registered as a permanent absentee voter under this section.As soon as practicable before each election, the secretary of state shall determine the precinct in which the residential address of the program participant is located and shall request from and receive from the county auditor or other election official the ballot for that precinct and shall forward the absentee ballot to the program participant with the other materials for absentee balloting as required by Minnesota law.The program participant shall complete the ballot and return it to the secretary of state, who shall review the ballot in the manner provided by section 203B.24.If the ballot and ballot materials comply with the requirements of that section, the ballot must be certified by the secretary of state as the ballot of a program participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation along with all other ballots.The name and address of a program participant must not be listed in the statewide voter registration system.

 

Sec. 2.Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:

 

Subdivision 1.Unable to go to polling place Absentee voting; eligibility.(a) Any eligible voter who reasonably expects to be unable to go to the polling place on election day in the precinct where the individual maintains residence because of absence from the precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious discipline; observance of a religious holiday; or service as an election judge in another precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15.


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(b) If the governor has declared an emergency and filed the declaration with the secretary of state under section 12.31, and the declaration states that the emergency has made it difficult for voters to go to the polling place on election day, any voter in a precinct covered by the declaration may vote by absentee ballot as provided in sections 203B.04 to 203B.15.

 

Sec. 3.Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read:

 

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

 

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

 

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

 

(b) An application shall be approved if it is timely received, signed and dated by the applicant, contains the applicant's name and residence and mailing addresses, date of birth, and at least one of the following:

 

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

 

(2) Minnesota state identification card number;

 

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

 

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

 

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

 

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

 

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

 

Sec. 4.Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read:

 

Subd. 5.Permanent illness or disability absentee voter status.(a) An eligible voter who reasonably expects to be permanently unable to go to the polling place on election day because of illness or disability may apply to a county auditor or municipal clerk under this section to automatically receive an absentee ballot application before


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each election, other than an election by mail conducted under section 204B.45, and to have the status as a permanent absentee voter indicated on the voter's registration record.An eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in effect on that date, shall be treated as if the voter applied for status as a permanent absentee voter pursuant to this subdivision.

 

(b) A voter who applies under paragraph (a) must automatically be provided an absentee ballot application for each eligible election.A voter's permanent absentee status ends and automatic ballot application delivery must be terminated on:

 

(1) the voter's written request;

 

(2) the voter's death;

 

(3) return of an absentee ballot as undeliverable; or

 

(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.

 

(b) (c) The secretary of state shall adopt rules governing procedures under this subdivision.

 

Sec. 5.Minnesota Statutes 2012, 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 or county office vacancy or special election to fill a federal or county office vacancy, if a primary is not required to be held pursuant to section 204D.03, subdivision 3, or 204D.07, subdivision 3; and

 

(4) any election held in conjunction with an election described in clauses (1) to (3);

 

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

 

Sec. 6.Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:

 

Subd. 2.Duties of ballot board; absentee ballots.(a) The members of the ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08.Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision.Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.

 

(b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:


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(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application;

 

(2) the voter signed the certification on the envelope;

 

(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as the number provided on the voter's application for ballots.If the number does not match the number as submitted on the application, or if a number was not submitted on the application, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;

 

(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;

 

(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and

 

(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the fourth seventh day before the election, by absentee ballot.

 

The return envelope from accepted ballots must be preserved and returned to the county auditor.

 

(c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor.There is no other reason for rejecting an absentee ballot beyond those permitted by this section.Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

 

(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

 

(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.The official must document the attempts made to contact the voter.

 

(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election.If the official determines that the voter has otherwise cast a ballot in the election, no notice is required.If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot.A notice of absentee ballot rejection must contain the following information:

 

(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;

 

(2) the reason for rejection; and

 

(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.


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(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.

 

Sec. 7.Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read:

 

Subd. 3.Record of voting.(a) When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted.After the close of business on the fourth seventh day before the election, a voter whose record indicates that an absentee ballot has been accepted must not be permitted to cast another ballot at that election.In a state primary, general, or state special election for federal or state office, the auditor or clerk must also record this information in the statewide voter registration system.

 

(b) The roster must be marked, and a supplemental report of absentee voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election.The roster may be marked either:

 

(1) by the county auditor or municipal clerk before election day;

 

(2) by the ballot board before election day; or

 

(3) by the election judges at the polling place on election day.

 

The record of a voter whose absentee ballot was received after the close of business on the fourth seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.

 

Sec. 8.Minnesota Statutes 2012, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.Opening of envelopes.After the close of business on the fourth seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate ballot box.If more than one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

 

Sec. 9.REPEALER.

 

Minnesota Statutes 2012, section 203B.04, subdivision 6, is repealed.

 

Sec. 10.EFFECTIVE DATE; APPLICABILITY.

 

This article is effective January 1, 2014, and applies to voting at elections conducted on the date of the state primary in 2014 and thereafter.

 

ARTICLE 2

ELECTION ADMINISTRATION

 

Section 1.[2.495] FORTY-NINTH DISTRICT.

 

Subdivision 1.Senate district.Senate District 49 consists of that district as described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21, 2012).


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Subd. 2.House of representatives districts.Notwithstanding the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21, 2012), Senate District 49 is divided into two house of representatives districts as follows:

 

(a) House of Representatives District 49A consists of the district as described in that order, with the modification contained in file L49A-2, on file with the Geographic Information Systems Office of the Legislative Coordinating Commission and published on its Web site on March 28, 2012.

 

(b) House of Representatives District 49B consists of the district as described in that order, with the modification contained in file L49B-2, on file with the Geographic Information Systems Office of the Legislative Coordinating Commission and published on its Web site on March 28, 2012.

 

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

 

Sec. 2.Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to read:

 

Subd. 3.Referendum.(a) Within 60 days after the petition is received by the state board, it shall give due notice of the holding of a referendum, schedule the referendum at the next general election, and cooperate with county election officials to accomplish the election in the most expedient manner.Upon receipt of a petition, the state board shall provide written notice to the secretary of state and the county auditor of each county in which the district is located no later than 74 days before the state general election.The notice must include the date of the election and the title and text of the question to be placed on the ballot.Prior to the referendum, the state board shall facilitate the preparation of a plan to continue the administration of the powers, duties, and responsibilities of the district, including the functions of the district board.

 

(b) The question shall be submitted by ballots, upon which the words "For terminating the existence of appear on the ballot in the following form:"Shall the .................. (name of the soil and water conservation district to be here inserted) " and "Against terminating the existence of the .................. (name of the soil and water conservation district to be here inserted)" shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other be terminated?".

 

(c) Only eligible voters in the district may vote in the referendum.

 

(d) Informalities in the conduct of the referendum or matters relating to the referendum do not invalidate the referendum, or result of the referendum, if due notice has been given and the referendum has been fairly conducted.

 

(e) The state board shall publish the result of the referendum.

 

Sec. 3.Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:

 

Subd. 3.Ballots.Ballots shall be prepared by the county auditor.The names of candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision 3 state general election ballot.The office title printed on the ballot must be either "Soil and Water Conservation District Supervisor" or "Conservation District Supervisor," based upon the district from which the supervisor is to be elected.

 

Sec. 4.Minnesota Statutes 2012, section 201.061, subdivision 3, is amended to read:

 

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


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

 

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

 

(3) presenting one of the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

Sec. 5.Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:

 

Subd. 2.Instructions.A registration application shall be accompanied by instructions specifying the manner and method of registration, the qualifications for voting, the penalties for false registration, and the availability of registration and voting assistance for elderly and disabled individuals and residents of health care facilities and hospitals.The instructions must indicate that if the voter does not have a valid Minnesota driver's license or identification card, the last four digits of the voter's Social Security number must be provided, unless the voter does not have a Social Security number.If, prior to election day, a person requests the instructions in Braille, on cassette tape audio format, or in a version printed in 16-point bold type with 24-point leading, the county auditor shall provide them in the form requested.The secretary of state shall prepare Braille and cassette audio copies and make them available.

 

Sec. 6.Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:

 

Subd. 8.Registration places.Each county auditor shall designate a number of public buildings in those political subdivisions of the county where preregistration of voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may register to vote.At least one public building must be designated for each 30,000 residents of the county.At least one telecommunications device for the deaf must be available for voter registration information in each county seat and in every city of the first, second, and third class.

 

An adequate supply of registration applications and instructions must be maintained at each designated location, and a designated individual must be available there to accept registration applications and transmit them to the county auditor.

 

A person who, because of disability, needs assistance in order to determine eligibility or to register must be assisted by a designated individual.Assistance includes but is not limited to reading the registration form and instructions and filling out the registration form as directed by the eligible voter.

 

Sec. 7.Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:

 

Subd. 3.Moved out of state.If any nonforwardable mailing from an election official is returned as undeliverable but with a permanent forwarding address outside this state, the county auditor shall promptly mail to the voter at the voter's new address a notice advising the voter that the voter's status in the statewide voter registration system will be changed to "inactive" unless the voter notifies the county auditor within 21 days that the voter is retaining the former address as the voter's address of residence.If the voter's record is challenged due to a felony conviction, lack of United States citizenship, legal incompetence, or court-ordered revocation of voting rights of persons under guardianship, the county auditor must not mail this notice.If the notice is not received by the deadline, the county auditor shall change the voter's status to "inactive" in the statewide voter registration system.

 

Sec. 8.Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:

 

Subd. 1a.Social Security Administration; other reports of deceased residents.The secretary of state shall may determine if any of the persons listed on the Social Security Death Index or reported as deceased by the vital records department of another state are registered to vote and prepare a list of those registrants for each county auditor.The county auditor shall change the status of those registrants to "deceased" in the statewide voter registration system.


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Sec. 9.Minnesota Statutes 2012, section 201.14, is amended to read:

 

201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT CHANGES OF NAMES.

 

The state court administrator shall regularly report by electronic means to the secretary of state the name, address, and, if available, driver's license or state identification card number of each individual, 18 years of age or over, whose name was changed since the last report, by marriage, divorce, or any order or decree of the court.The secretary of state shall determine if any of the persons in the report are registered to vote under their previous name and shall prepare a list of those registrants for each county auditor.Upon receipt of the list, the county auditor shall make the change in the voter's record and mail to the voter the notice of registration required by section 201.121, subdivision 2.A notice must not be mailed if the voter's record is challenged due to a felony conviction, lack of United States citizenship, legal incompetence, or court-ordered revocation of voting rights of persons under guardianship.

 

Sec. 10.Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:

 

Subdivision 1.Time and manner of holding; postponement.(a) In every state general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph (b), there shall be held for every election precinct a party caucus in the manner provided in sections 202A.14 to 202A.19.

 

(b)(1) The chairs of the two largest major political parties shall jointly submit to the secretary of state, no later than March 1 of each odd-numbered year, the single date on which the two parties have agreed to conduct their precinct caucuses in the next even-numbered year.

 

(2) On March 1 of each odd-numbered year Within two business days after the parties have agreed on a single date on which to conduct their precinct caucuses, the secretary of state shall publicly announce the official state precinct caucus date for the following general election year.

 

(3) If the chairs of the two largest major political parties do not jointly submit a single date for conducting their precinct caucuses as provided in this paragraph, then for purposes of the next general election year, the first Tuesday in February shall be considered the day of a major political party precinct caucus and sections 202A.19 and 202A.192 shall only apply on that date.

 

(4) For purposes of this paragraph, the two largest major political parties shall be the parties whose candidates for governor received the greatest and second greatest number of votes at the most recent gubernatorial election.

 

(c) In the event of severe weather a major political party may request the secretary of state to postpone caucuses.If a major political party makes a request, or upon the secretary of state's own initiative, after consultation with all major political parties and on the advice of the federal Weather Bureau and the Department of Transportation, the secretary of state may declare precinct caucuses to be postponed for a week in counties where weather makes travel especially dangerous.The secretary of state shall submit a notice of the postponement to news media covering the affected counties by 6:00 p.m. on the scheduled day of the caucus.A postponed caucus may also be postponed pursuant to this subdivision.

 

Sec. 11.Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:

 

Subdivision 1.Generally.The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 if:

 

(1) the county auditor of that county has designated the clerk to administer them; or

 

(2) the clerk has given the county auditor of that county notice of intention to administer them.


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The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121.

 

A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting.A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state.The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system.A clerk must receive training approved by the secretary of state on the use of the statewide voter registration system before administering this section.A clerk may not use the statewide voter registration system until the clerk has received the required training.The county auditor must notify the secretary of state of any municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.

 

Sec. 12.Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:

 

Subd. 3.Procedures on receipt of ballots.When absentee ballots are returned to a county auditor or municipal clerk, that official shall stamp or initial and date the return envelope and place it in a secure location with other return envelopes received by that office.Within five days after receipt, the county auditor or municipal clerk shall deliver to the ballot board all ballots received, except that during the 14 days immediately preceding an election, the county auditor or municipal clerk shall deliver all ballots received to the ballot board within three days.Ballots received on election day either (1) after 3:00 p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another method, shall be marked as received late by the county auditor or municipal clerk, and must not be delivered to the ballot board.

 

Sec. 13.Minnesota Statutes 2012, 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:the election, except as provided in this subdivision.

 

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

 

(2) a special election for a federal or county office; and

 

(3) an election held in conjunction with an election described in clauses (1) and (2),

 

and Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before any other the election.The county auditor shall make such designations at least 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. 14.Minnesota Statutes 2012, section 203B.121, subdivision 1, is amended to read:

 

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


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ballots and appointed as provided in sections 204B.19 to 204B.22.The board may include staff trained as election judges deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.

 

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

 

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

 

Sec. 15.Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:

 

Subd. 5.Storage and counting of absentee ballots.(a) On a day on which absentee ballots are inserted into a ballot box, two members of the ballot board must:

 

(1) remove the ballots from the ballot box at the end of the day;

 

(2) without inspecting the ballots, ensure that the number of ballots removed from the ballot box is equal to the number of voters whose absentee ballots were accepted that day; and

 

(3) seal and secure all voted and unvoted ballots present in that location at the end of the day.

 

(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question.In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct.The count shall be public.No vote totals from ballots may be made public before the close of voting on election day must be recorded on a summary statement in substantially the same format as provided in section 204C.26.The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk.The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.

 

In state primary and state general elections, these vote totals shall be added to the vote totals on the summary statements of the returns for the appropriate precinct.In other elections, these vote totals may be added to the vote totals on the summary statement of returns for the appropriate precinct or may be reported as a separate total.

 

The count shall be public.No vote totals from ballots may be made public before the close of voting on election day.

 

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been completed previously, the members of the ballot board must verify as soon as possible, but no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots arrived after the rosters were marked or supplemental reports were generated and whose ballots were accepted did not vote in person on election day.An absentee ballot submitted by a voter who has voted in person on election day must be rejected.All other accepted absentee ballots must be opened, duplicated if necessary, and counted by members of the ballot board.The vote totals from these ballots must be incorporated into the totals with the other absentee ballots and handled according to paragraph (b).

 

Sec. 16.Minnesota Statutes 2012, section 203B.227, is amended to read:

 

203B.227 WRITE-IN ABSENTEE BALLOT.

 

(a) A voter described in section 203B.16, subdivision 1, may use a state write-in absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local election.In a state or local election, a vote for a political party without specifying the name of a candidate must not be counted.


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(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card Application.If the voter has not already voted and the accompanying certificate is properly completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

 

Sec. 17.Minnesota Statutes 2012, section 203B.28, is amended to read:

 

203B.28 POSTELECTION REPORT TO LEGISLATURE.

 

By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the secretary of state shall provide to the chair and ranking minority members of the legislative committees with jurisdiction over elections a statistical report related to absentee voting in the most recent general election cycle.The statistics must be organized by county and precinct, and include:

 

(1) the number of absentee ballots transmitted to voters;

 

(2) the number of absentee ballots returned by voters;

 

(3) the number of absentee ballots that were rejected, categorized by the reason for rejection;

 

(4) the number of absentee ballots submitted pursuant to sections 203B.16 to 203B.27, along with the number of returned ballots that were accepted, rejected, and the reason for any rejections; and

 

(5) the number of absentee ballots that were not counted because the ballot return envelope was received after the deadlines provided in this chapter.

 

Sec. 18.Minnesota Statutes 2012, section 204B.04, is amended by adding a subdivision to read:

 

Subd. 4.Prohibition on multiple candidacy.A candidate who files an affidavit of candidacy for an office to be elected at the general election may not subsequently file another affidavit of candidacy for any other office to be elected on the date of that general election.

 

Sec. 19.Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:

 

Subd. 2.Ballot boxes.Each polling place shall be provided with one ballot box for each kind of ballot to be cast at the election.The boxes shall be substantially the same color as the ballots to be deposited in them.Each box shall be of sufficient size and shall have a sufficient opening to receive and contain all the ballots likely to be deposited in it.When buff or goldenrod ballot boxes are required, a separate box must be provided for each school district for which ballots are to be cast at that polling place.The number and name of the school district must appear conspicuously on the top of each buff or goldenrod ballot box.

 

Sec. 20.Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:

 

Subdivision 1.Minimum number required.(a) A minimum of four election judges shall be appointed for each precinct, except as provided by subdivision 2 in the state general election.In all other elections, a minimum of three election judges shall be appointed for each precinct.In a combined polling place under section 204B.14, subdivision 2, at least one judge must be appointed from each municipality in the combined polling place, provided that not less than three judges shall be appointed for each combined polling place.The appointing authorities may appoint election judges for any precinct in addition to the number required by this subdivision including additional election judges to count ballots after voting has ended.


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(b) An election judge may serve for all or part of election day, at the discretion of the appointing authority, as long as the minimum number of judges required is always present.The head election judge designated under section 204B.20 must serve for all of election day and be present in the polling place unless another election judge has been designated by the head election judge to perform the functions of the head election judge during any absence.

 

Sec. 21.Minnesota Statutes 2012, section 204B.22, subdivision 2, is amended to read:

 

Subd. 2.Exception.A minimum of three election judges shall be appointed in precincts not using electronic voting equipment.One additional election judge shall be appointed for each 150 votes cast in that precinct at the last similar election and in precincts with fewer than 500 registered voters as of 14 weeks before the state primary.

 

Sec. 22.Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:

 

Subdivision 1.Meeting with election officials.At least 12 weeks before each regularly scheduled town general election conducted in March, and at least 18 weeks before all other general elections, each county auditor shall conduct a meeting or otherwise communicate with local election officials to review the procedures for the election.The county auditor may require the head election judges in the county to attend this meeting.

 

Sec. 23.Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:

 

Subdivision 1.Payment.(a) The secretary of state shall pay the compensation for presidential electors, the cost of printing the pink paper ballots, and all necessary expenses incurred by the secretary of state in connection with elections.

 

(b) The counties shall pay the compensation prescribed in section 204B.31, clauses (b) and (c), the cost of printing the canary ballots, the white ballots, the pink state general election ballots when machines are used, the state partisan primary ballots, and the state and county nonpartisan primary ballots, all necessary expenses incurred by county auditors in connection with elections, and the expenses of special county elections.

 

(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed for election judges and sergeants at arms, the cost of printing the municipal ballots, providing ballot boxes, providing and equipping polling places and all necessary expenses of the municipal clerks in connection with elections, except special county elections.

 

(d) The school districts shall pay the compensation prescribed for election judges and sergeants-at-arms, the cost of printing the school district ballots, providing ballot boxes, providing and equipping polling places and all necessary expenses of the school district clerks in connection with school district elections not held in conjunction with state elections.When school district elections are held in conjunction with state elections, the school district shall pay the costs of printing the school district ballots, providing ballot boxes and all necessary expenses of the school district clerk.

 

All disbursements under this section shall be presented, audited, and paid as in the case of other public expenses.

 

Sec. 24.Minnesota Statutes 2012, section 204B.33, is amended to read:

 

204B.33 NOTICE OF FILING.

 

(a) At least 15 16 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 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.


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(b) At least two weeks one week 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. 25.Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:

 

Subd. 4.Absentee ballots; preparation; delivery.At least 46 days before a regularly scheduled an 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 to the officials who administer the provisions of chapter 203B, except as provided in this subdivision.Ballots necessary to fill applications of absentee voters for a town general election held in March shall be prepared and delivered to the town clerk at least 30 days before the election.

 

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. 26.Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:

 

Subdivision 1.Type.All ballots shall be printed with black ink on paper of sufficient thickness to prevent the printing from being discernible from the back.All ballots of the same color shall be substantially uniform in style of printing, size, thickness and shade of color.When the ballots of a particular color vary in shade, those used in any one precinct shall be of the same shade.All ballots shall be printed in easily readable type with suitable lines dividing candidates, offices, instructions and other matter printed on ballots.The name of each candidate shall be printed in capital letters.The same type shall be used for the names of all candidates on the same ballot.

 

Sec. 27.Minnesota Statutes 2012, section 204B.45, subdivision 1, is amended to read:

 

Subdivision 1.Authorization.A municipality town of any size or a city having fewer than 400 registered voters on June 1 of an election year and, if the town or city is not located in a metropolitan county as defined by section 473.121, may provide balloting by mail at any municipal, county, or state election with no polling place other than the office of the auditor or clerk or other locations designated by the auditor or clerk.The governing body may apply to the county auditor for permission to conduct balloting by mail.The county board may provide for balloting by mail in unorganized territory.The governing body of any municipality may designate for mail balloting any precinct having fewer than 50 100 registered voters, subject to the approval of the county auditor.

 

Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.

 

Sec. 28.Minnesota Statutes 2012, 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 ten 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 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 must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more


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than 14 days before election day.The board may consist of staff trained as election judges deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10.If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.The official must document the attempts made to contact the voter.

 

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.After the close of business on the fourth day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

 

In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.No vote totals from mail or absentee ballots may be made public before the close of voting on election day.

 

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. 29.Minnesota Statutes 2012, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk.No offices may be voted on at a mail election.Notice of the election must be given to the county auditor at least 53 74 days prior to the election.This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000.The special mail ballot procedures must be posted at least six weeks prior to the election.Not more than 30 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district.No later than 14 days before the election, the auditor or clerk 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 pursuant to chapter 203B.The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.The board may consist of staff trained as election judges deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10.If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.The official must document the attempts made to contact the voter.

 

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.After the close of business on the fourth day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.


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In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.No vote totals from ballots may be made public before the close of voting on election day.

 

Sec. 30.Minnesota Statutes 2012, section 204C.14, is amended to read:

 

204C.14 UNLAWFUL VOTING; PENALTY.

 

No individual shall intentionally:

 

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

 

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

 

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

 

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

 

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

 

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

 

A violation of this section is a felony.

 

Sec. 31.Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:

 

Subdivision 1.Physical assistance in marking ballots.A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties.The election judges shall mark the ballots as directed by the voter and in as secret a manner as circumstances permit.If the voter is deaf or cannot speak English or understand it when it is spoken, the election judges may select two individuals who are members of different major political parties to provide assistance.The individuals shall assist the voter in marking the ballots.A voter in need of assistance may alternatively obtain the assistance of any individual the voter chooses.Only the following persons may not provide assistance to a voter:the voter's employer, an agent of the voter's employer, an officer or agent of the voter's union, or a candidate for election.The person who assists the voter shall, unaccompanied by an election judge, retire with that voter to a booth and mark the ballot as directed by the voter.No person who assists another voter as provided in the preceding sentence shall mark the ballots of more than three voters at one election.Before the ballots are deposited, the voter may show them privately to an election judge to ascertain that they are marked as the voter directed.An election judge or other individual assisting a voter shall not in any manner request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular political party or candidate.The election judges or other individuals who assist the voter shall not reveal to anyone the name of any candidate for whom the voter has voted or anything that took place while assisting the voter.

 

Sec. 32.Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:

 

Subd. 2.Ballots; order of counting.Except as otherwise provided in this subdivision, the ballot boxes shall be opened, the votes counted, and the total declared one box at a time in the following order:the white box, the pink box, the canary box, the light green box, the blue box, the buff box, the goldenrod box, the gray box, and then the


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other kinds of ballots voted at the election.If enough election judges are available to provide counting teams of four or more election judges for each box, more than one box may be opened and counted at the same time.The election judges on each counting team shall be evenly divided between the major political parties.The numbers entered on the summary sheet shall not be considered final until the ballots in all the boxes have been counted and corrections have been made if ballots have been deposited in the wrong boxes.

 

Sec. 33.Minnesota Statutes 2012, section 204C.25, is amended to read:

 

204C.25 DISPOSITION OF BALLOTS.

 

After the count and the summary statements have been completed, in the presence of all the election judges, the counted, defective, and blank ballots shall be placed in envelopes marked or printed to distinguish the color of the ballots contained, and the envelopes shall be sealed.The election judges shall sign each envelope over the sealed part so that the envelope cannot be opened without disturbing the continuity of the signatures.The number and kind of ballots in each envelope, the name of the town or city, and the name of the precinct shall be plainly written upon the envelopes.The number and name of the district must be plainly written on envelopes containing school district ballots.The spoiled ballots shall be placed in separate envelopes and returned with the unused ballots to the county auditor or municipal or school district clerk from whom they were received.

 

Sec. 34.Minnesota Statutes 2012, section 204C.27, is amended to read:

 

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

 

One or more of the election judges in each precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either directly to the municipal clerk for transmittal to the county auditor's office or directly to the county auditor's office as soon as possible after the vote counting is completed but no later than 24 hours after the end of the hours for voting.One or more election judges shall deliver the remaining set of summary statements and returns, all unused and spoiled municipal and school district ballots, the envelopes containing municipal and school district ballots, and all other things furnished by the municipal or school district clerk, to the municipal or school district clerk's office within 24 hours after the end of the hours for voting.The municipal or school district clerk shall return all polling place rosters and completed voter registration cards to the county auditor within 48 hours after the end of the hours for voting.

 

Sec. 35.Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:

 

Subdivision 1.Automatic Publicly funded recounts.(a) In a state primary when the difference between the votes cast for the candidates for nomination to:

 

(1) a state legislative office is less than one-half of one percent of the total number of votes counted for that nomination or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less; or

 

(2) a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office:

 

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

 

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

 

and the difference determines the nomination, the canvassing board with responsibility for declaring the results for that office shall manually recount the vote upon receiving a written request from the candidate whose nomination is in question.


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Immediately following the meeting of the board that has responsibility for canvassing the results of the nomination, the filing officer must notify the candidate that the candidate has the option to request a recount of the votes at no cost to the candidate.This written request must be received by the filing officer no later than 48 hours after the canvass of the primary for which the recount is being sought.

 

(b) In a state general election when the difference between the votes of a candidate who would otherwise be declared elected to:

 

(1) a state legislative office is less than one-half of one percent of the total number of votes counted for that office or is ten votes or less and the total number of votes cast for the office is 400 votes or less; or

 

(2) a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office and the votes of any other candidate for that office:

 

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

 

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

 

the canvassing board shall manually recount the votes upon receiving a written request from the candidate whose election is in question.

 

Immediately following the meeting of the board that has responsibility for canvassing the results of the general election, the filing officer must notify the candidate that the candidate has the option to request a recount of the votes at no cost to the candidate.This written request must be received by the filing officer no later than 48 hours after the canvass of the election for which the recount is being sought.

 

(c) A recount must not delay any other part of the canvass.The results of the recount must be certified by the canvassing board as soon as possible.

 

(d) Time for notice of a contest for an office which is recounted pursuant to this section shall begin to run upon certification of the results of the recount by the canvassing board.

 

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

 

Sec. 36.Minnesota Statutes 2012, section 204C.35, is amended by adding a subdivision to read:

 

Subd. 4.Filing officer.For the purposes of this section, the secretary of state is the filing officer for candidates for all federal offices and for state offices voted on in more than one county.The county auditor is the filing officer for state offices voted on in only one county.

 

Sec. 37.Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:

 

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


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(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of one percent, and the total number of votes cast for the nomination or election of all candidates is more than 400 but less than 50,000.In cases of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

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

 

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

 

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

 

Sec. 38.Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:

 

Subd. 6.State and county nonpartisan primary ballot.The state and county nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary Ballot."It shall be printed on canary paper in the manner provided in the rules of the secretary of state.The names of candidates for nomination to the Supreme Court, Court of Appeals, district court, and all county offices shall be placed on this ballot.

 

No candidate whose name is placed on the state and county nonpartisan primary ballot shall be designated or identified as the candidate of any political party or in any other manner except as expressly provided by law.

 

Sec. 39.Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:

 

Subd. 2.Sample ballot.At least two weeks 46 days before the state primary the county auditor shall prepare a sample state partisan primary ballot and a sample state and county nonpartisan primary ballot for each precinct for public inspection and transmit an electronic copy of these sample ballots to the secretary of state.The names of all of the candidates to be voted for in the county shall be placed on the sample ballots, with the names of the candidates for each office arranged in the base rotation as determined by section 206.61, subdivision 5.Only one sample state partisan primary ballot and one sample state and county nonpartisan ballot shall be prepared for any county.The county auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall cause them to be published at least one week before the state primary in at least one newspaper of general circulation in the county.

 

Sec. 40.Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:

 

Subdivision 1.White State general election ballot; rules.The names of the candidates for all partisan state and federal offices, all proposed constitutional amendments, all county offices and questions, and all judicial offices voted on at the state general election shall be placed on a single ballot printed on white paper which that shall be


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known as the "white state general election ballot." This ballot shall be prepared by the county auditor subject to the rules of the secretary of state.The secretary of state shall adopt rules for preparation and time of delivery of the white state general election ballot.

 

Sec. 41.Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:

 

Subd. 4.Special federal white ballot.(a) The names of all candidates for the offices of president and vice-president of the United States and senator and representative in Congress shall be placed on a ballot printed on white paper which that shall be known as the "special federal white ballot."

 

(b) This ballot shall be prepared by the county auditor in the same manner as the white state general election ballot and shall be subject to the rules adopted by the secretary of state pursuant to subdivision 1.This ballot must be prepared and furnished in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff.

 

(c) The special federal white ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot for federal candidates in Minnesota.

 

Sec. 42.Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:

 

Subd. 5.Ballot headings.The white, pink, and special federal white ballot containing the offices and questions in subdivisions 1 and 4, shall be headed with the words "State General Election Ballot." The canary ballot shall be headed with the words "County and Judicial Nonpartisan General Election Ballot."

 

Sec. 43.Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:

 

Subd. 6.Gray Judicial ballot.When the canary ballot would be longer than 30 inches or when it would not be possible to place all offices on a single ballot card for the state general election, the judicial offices that should be placed on the canary ballot may be placed instead on a separate gray judicial ballot.The gray judicial ballot shall be prepared by the county auditor in the manner provided in the rules of the secretary of state.

 

The gray judicial ballot must be headed with the words:"Judicial Nonpartisan General Election Ballot." Separate ballot boxes must be provided for these gray judicial ballots.

 

Sec. 44.Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:

 

Subd. 3.Nominees by petition; placement on ballot.The names of candidates nominated by petition for a partisan office voted on at the state general election shall be placed on the white state general election ballot after the names of the candidates for that office who were nominated at the state primary.Prior to the state primary No later than 11 weeks before the state general election, the secretary of state shall determine by lot the order of candidates nominated by petition.The drawing of lots must be by political party or principle.The political party or political principle of the candidate as stated on the petition shall be placed after the name of a candidate nominated by petition.The word "nonpartisan" shall not be used to designate any partisan candidate whose name is placed on the white state general election ballot by nominating petition.

 

Sec. 45.Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:

 

Subdivision 1.Rotation of names.The names of candidates for nonpartisan offices on the canary state general election ballot and the judicial nonpartisan general election ballot shall be rotated in the manner provided for rotation of names on state partisan primary ballots by section 204D.08, subdivision 3.


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Sec. 46.Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:

 

Subd. 3.Uncontested judicial offices.Judicial offices for a specific court for which there is only one candidate filed must appear after all other judicial offices for that same court on the canary ballot.

 

Sec. 47.Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:

 

Subd. 3.Sample pink ballot; constitutional amendments.Four weeks before the state general election the secretary of state shall file sample copies of the pink ballot portion of the state general election ballot that contains the proposed constitutional amendments in the Secretary of State's Office for public inspection.Three weeks before the state general election the secretary of state shall mail transmit sample copies of the pink sample ballot to each county auditor.Each auditor shall post the sample ballot in a conspicuous place in the auditor's office.

 

Sec. 48.Minnesota Statutes 2012, section 204D.16, is amended to read:

 

204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING; PUBLICATION.

 

Two weeks before the state general election the county auditor shall prepare sample copies of the white and canary ballots and At least 46 days before the state general election, the county auditor shall post copies of these sample ballots and a sample of the pink ballot for each precinct in the auditor's office for public inspection and transmit an electronic copy of these sample ballots to the secretary of state.No earlier than 15 days and no later than two days before the state general election the county auditor shall cause the a sample white and canary ballots state general election ballot to be published in at least one newspaper of general circulation in the county.

 

Sec. 49.Minnesota Statutes 2012, section 204D.165, is amended to read:

 

204D.165 SAMPLE BALLOTS TO SCHOOLS.

 

Notwithstanding any contrary provisions in section 204D.09 or 204D.16, The county auditor, two weeks before the applicable primary or general election, shall provide one copy of the an appropriate sample partisan primary, nonpartisan primary, canary, white, or pink ballot to a school district upon request.The school district may have the sample ballots reproduced at its expense for classroom educational purposes and for educational activities authorized under section 204B.27, subdivision 7.

 

Sec. 50.Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:

 

Subd. 2.Special election when 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 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.A special election must not be held during the four days before or the four days after a holiday as defined in section 645.44, subdivision 5.

 

Sec. 51.Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:

 

Subd. 2.City elections.In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in this chapter, except that sections 205.065, subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 and subdivision 3, do not apply to a city whose charter provides the manner of holding its primary, general or special elections.


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Sec. 52.Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:

 

Subd. 3.Prohibition.No special election authorized under subdivision 1 may be held within 40 56 days after the state general election.

 

Sec. 53.Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:

 

Subd. 1a.Filing period.In a city nominating candidates at a primary, an affidavit of candidacy for a city office voted on in November must be filed no more than 84 days nor less than 70 days before the city primary.In municipalities that do not hold a primary, an affidavit of candidacy must be filed 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 98 days nor less than 84 days before the municipal general election held in November of any year.The municipal clerk's office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.

 

Sec. 54.Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:

 

Subd. 4. Notice to auditor.At least 67 74 days before every municipal election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every municipal election held in connection with a regularly scheduled general 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.At least 67 74 days before every municipal election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before a regularly scheduled general 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. 55.Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:

 

Subd. 5.Notice to secretary of state.At least 67 74 days before every municipal election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every municipal election held in conjunction with a regularly scheduled general 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. 56.Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:

 

Subdivision 1.Second, third, and fourth class cities; towns Municipal offices; questions; general election ballot.In all statutory and home rule charter cities of the second, third, and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the names of all candidates for municipal offices and municipal ballot questions.The ballot shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election ballot.The names shall be arranged on city ballots in the manner provided for the state elections.On town ballots names of the candidates for each office shall be arranged either:

 

(1) alphabetically according to the candidates' surnames; or


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(2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years.

 

Sec. 57.Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:

 

Subd. 3.Primary ballots.The municipal primary ballot in cities of the second, third, and fourth class and towns and the nonpartisan primary ballot in cities of the first class shall conform as far as practicable with the municipal general election ballot except that it shall be printed on light green paper.No blank spaces shall be provided for writing in the names of candidates.The partisan primary ballot in cities of the first class shall conform as far as practicable with the state partisan primary ballot.

 

Sec. 58.Minnesota Statutes 2012, section 205A.04, is amended by adding a subdivision to read:

 

Subd. 3.Change in year of general election.The school board may, by resolution, change the year in which the school district general election will be held.The resolution must be approved no later than four weeks before the first day to file affidavits of candidacy for the general election.A plan for the orderly transition to the new election year must be included in the resolution.The terms of school board members may be lengthened or shortened by one year as a part of the transition process.

 

Sec. 59.Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read:

 

Subdivision 1.Questions.Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment.The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district.Upon petition filed with the school board of 50 or more voters of the school district or five percent of the number of voters voting at the preceding school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district.A question is carried only with the majority in its favor required by law.The election officials for a special election are the same as for the most recent school district general election unless changed according to law.Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election.A special election may not be held during the 30 56 days before and the 30 56 days after the state a regularly scheduled primary, during the 30 days before and the 40 days after the state or general election.In addition, a special election may not be held during the 20 days before and the 20 days after any regularly scheduled election of a municipality conducted wholly or partially within the school district.Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

 

Sec. 60.Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:

 

Subd. 2.Vacancies in school district offices.Special elections shall be held in school districts in conjunction with school district primary and general elections to fill vacancies in elective school district offices.When more than one vacancy exists in an office elected at-large, voters must be instructed to vote for up to the number of vacancies to be filled.

 

Sec. 61.Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:

 

Subd. 3.Notice to auditor.At least 67 74 days before every school district election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every school district election held in conjunction with a regularly scheduled general 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


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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 before receipt of a review and comment from the commissioner of education and before actual initiation of the election.At least 67 74 days before every school district election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before an election held in conjunction with a regularly scheduled general 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 school district clerk must provide written notice to the county auditor of any special election canceled under section 205A.05, subdivision 3.

 

Sec. 62.Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:

 

Subd. 3a.Notice to commissioner of education.At least 67 74 days before every school district election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every school district election held in conjunction with a regularly scheduled general 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.At least 67 74 days before every school district election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every school district election held in conjunction with a regularly scheduled general 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. 63.Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:

 

Subd. 3b.Notice to secretary of state.At least 67 74 days before every school district election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every school district election held in conjunction with a regularly scheduled general 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.

 

Sec. 64.Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:

 

Subdivision 1.Buff General election ballot.The names of all candidates for offices and all ballot questions to be voted on at a school district general election must be placed on a single ballot printed on buff paper and known as the "buff ballot.".

 

Sec. 65.Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:

 

Subd. 4.Order of candidates.On the "State Partisan Primary Ballot" prepared for primary elections, and on the white state general election ballot prepared for the general election, the order of the names of nominees or names of candidates for election shall be the same as required for paper ballots.More than one column or row may be used for the same office or party.Electronic ballot display and audio ballot readers must conform to the candidate order on the optical scan ballot used in the precinct.


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Sec. 66.Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:

 

Subd. 2.Selection for review; notice.At the canvass of the state primary, the county canvassing board in each county must set the date, time, and place for the postelection review of the state general election to be held under this section.The postelection review must not begin before the 11th day after the state general election and must be complete no later than the 18th day after the state general election.

 

At the canvass of the state general election, the county canvassing boards must select the precincts to be reviewed by lot.Ballots counted centrally by a ballot board shall be considered one precinct eligible to be selected for purposes of this subdivision.The ballots to be reviewed for a precinct include both the ballots counted at the polling place for that precinct and the absentee ballots counted centrally by a ballot board for that precinct.The county canvassing board of a county with fewer than 50,000 registered voters must conduct a postelection review of a total of at least two precincts.The county canvassing board of a county with between 50,000 and 100,000 registered voters must conduct a review of a total of at least three precincts.The county canvassing board of a county with over 100,000 registered voters must conduct a review of a total of at least four precincts, or three percent of the total number of precincts in the county, whichever is greater.At least one precinct selected in each county must have had more than 150 votes cast at the general election.

 

The county auditor must notify the secretary of state of the precincts that have been chosen for review and the time and place the postelection review for that county will be conducted, as soon as the decisions are made.If the selection of precincts has not resulted in the selection of at least four precincts in each congressional district, the secretary of state may require counties to select by lot additional precincts to meet the congressional district requirement.The secretary of state must post this information on the office Web site.

 

Sec. 67.Minnesota Statutes 2012, section 206.89, is amended by adding a subdivision to read:

 

Subd. 2a.Exception.No review is required under this section if the election for the office will be subject to a recount as provided in section 204C.35, subdivision 1.

 

Sec. 68.Minnesota Statutes 2012, section 206.895, is amended to read:

 

206.895 SECRETARY OF STATE MONITOR.

 

The secretary of state must monitor and evaluate election procedures in precincts subject to the audit provided for in section 206.89 in at least four precincts one precinct in each congressional district.The precincts must be chosen by lot by the State Canvassing Board at its meeting to canvass the state general election.

 

Sec. 69.Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read:

 

Subd. 6.Ballots.In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink.In state elections, a single ballot title must be used, as provided in sections 204D.08, subdivision 6, and 204D.11, subdivision 1.In odd-numbered years when both municipal and school district offices or questions appear on the ballot, the single ballot title "City (or Town) and School District Ballot" must be used.

 

On the front of the ballot must be printed the words "Official Ballot" and the date of the election and lines for the initials of at least two election judges.

 

When optical scan ballots are used, the offices to be elected must appear in the following order:federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.


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On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.

 

The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."

 

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows:"THIS BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows:"ADDITIONAL POLITICAL PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS BALLOT.VOTE FOR ONE POLITICAL PARTY ONLY." At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows:"CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4, do not apply to optical scan partisan primary ballots.Electronic ballot displays and audio ballot readers must follow the order of offices and questions on the optical scan or paper ballot used in the same precinct, or the sample ballot posted for that precinct.

 

Sec. 70.Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:

 

Subdivision 1.Form of presidential ballots.When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state.The secretary of state shall certify the names of all duly nominated presidential and vice presidential candidates to the county auditors of the counties of the state.Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be printed in capital letters, set in type of the same size and style as for candidates on the state white general election ballot, before the party designation.To the left of, and on the same line with the names of the candidates for president and vice president, near the margin, shall be placed a square or box, in which the voters may indicate their choice by marking an "X."

 

The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers.The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.

 

Sec. 71.Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:

 

Subd. 2.Applicable rules.The rules for preparation, state contribution to the cost of printing, and delivery of presidential ballots are the same as the rules for white state general election ballots under section 204D.11, subdivision 1.

 

Sec. 72.Minnesota Statutes 2012, 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 beginning 46 days before the state primary in a state general election year until ten days following the state general election.Municipal ordinances may regulate the size and number of noncommercial signs at other times.


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Sec. 73.Minnesota Statutes 2012, section 211B.37, is amended to read:

 

211B.37 COSTS ASSESSED.

 

Except as otherwise provided in section 211B.36, subdivision 3, the chief administrative law judge shall assess the cost of considering complaints filed under section 211B.32 as provided in this section.Costs of complaints relating to a statewide ballot question or an election for a statewide or legislative office must be assessed against the appropriation from the general fund to the general account of the state elections campaign fund in section 10A.31, subdivision 4.Costs of complaints relating to any other ballot question or elective office must be assessed against the county or counties in which the election is held.Where the election is held in more than one county, the chief administrative law judge shall apportion the assessment among the counties in proportion to their respective populations within the election district to which the complaint relates according to the most recent decennial federal census paid from appropriations to the office for this purpose.

 

Sec. 74.Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:

 

Subd. 2.Ballot question.The form of the question of the referendum under this section must be on a separate ballot and must allow the voters to vote either "for license" or "against license. "either "Shall the city issue ... intoxicating liquor licenses?" or "Shall the city discontinue issuing intoxicating liquor licenses?".

 

Sec. 75.Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:

 

Subd. 3.Effect of election results.If a majority of persons voting on the referendum question vote "against license," to discontinue issuing licenses, the city may not issue intoxicating liquor licenses until the results of the referendum have been reversed at a subsequent election where the question has been submitted as provided in this section.

 

Sec. 76.Minnesota Statutes 2012, section 340A.602, is amended to read:

 

340A.602 CONTINUATION.

 

In any city in which the report of the operations of a municipal liquor store has shown a net loss prior to interfund transfer in any two of three consecutive years, the city council shall, not more than 45 days prior to the end of the fiscal year following the three-year period, hold a public hearing on the question of whether the city shall continue to operate a municipal liquor store.Two weeks' notice, written in clear and easily understandable language, of the hearing must be printed in the city's official newspaper.Following the hearing the city council may on its own motion or shall upon petition of five percent or more of the registered voters of the city, submit to the voters at a general or special municipal election the question of whether the city shall continue or discontinue municipal liquor store operations by a date which the city council shall designate.The date designated by the city council must not be more than 30 months following the date of the election.The form of the question shall be:"Shall the city of (name) discontinue operating the municipal liquor store on (Month xx, 2xxx)?".

 

Sec. 77.Minnesota Statutes 2012, section 375.20, is amended to read:

 

375.20 BALLOT QUESTIONS.

 

If the county board may do an act, incur a debt, appropriate money for a purpose, or exercise any other power or authority, only if authorized by a vote of the people, the question may be submitted at a special or general election, by a resolution specifying the matter or question to be voted upon.If the question is to authorize the appropriation of money, creation of a debt, or levy of a tax, it shall state the amount.Notice of the election shall be given as in the case of special elections.If the question submitted is adopted, the board shall pass an appropriate resolution to carry it into effect.In the election the form of the ballot shall be:"In favor of Shall (here state the substance of the


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resolution to be submitted)?, Yes ...... No......," with a square opposite each of the words "yes" and "no," in one of which the voter shall mark an "X" to indicate a choice.The county board may call a special county election upon a question to be held within 60 74 days after a resolution to that effect is adopted by the county board.Upon the adoption of the resolution the county auditor shall post and publish notices of the election, as required by section 204D.22, subdivisions 2 and 3.The election shall be conducted and the returns canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as practicable.

 

Sec. 78.Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:

 

Subd. 2.Elections.Except as provided in this chapter, the Minnesota Election Law applies to hospital district elections, as far as practicable.Regular elections must be held in each hospital district at the same time, in the same election precincts, and at the same polling places as general elections of state and county officers.It may establish the whole district as a single election precinct or establish two or more different election precincts and polling places for the elections.If there is more than one precinct, the boundaries of the election precincts and the locations of the polling places must be defined in the notice of election, either in full or by reference to a description or map on file in the office of the clerk.

 

Special elections may be called by the hospital board to vote on any matter required by law to be submitted to the voters.A special election may not be conducted either during the 30 56 days before and the 30 days after the state or the 56 days after a regularly scheduled primary or state general election, or during the 20 days before and the 20 days after the regularly scheduled election of any municipality conducted wholly or partially within the hospital district.Special elections must be held within the election precinct or precincts and at the polling place or places designated by the board.In the case of the first election of officers of a new district, precincts and polling places must be set by the governing body of the most populous city or town included in the district.

 

Advisory ballots may be submitted by the hospital board on any question it wishes, concerning the affairs of the district, but only at a regular election or at a special election required for another purpose.

 

Sec. 79.Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:

 

Subd. 3.Election notices.At least two weeks before the first day to file affidavits of candidacy, the clerk of the district shall publish a notice stating the first and last day on which affidavits of candidacy may be filed, the places for filing the affidavits and the closing time of the last day for filing.The clerk shall post a similar notice in at least one conspicuous place in each city and town in the district at least ten days before the first day to file affidavits of candidacy.

 

At least 53 74 days prior to every hospital district election, the hospital district clerk shall provide a written notice to the county auditor of each county in which the hospital 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.At least 46 days before a hospital district election for which a notice is provided to the county auditor under this subdivision, The county auditor shall immediately provide a notice to the secretary of state in a manner and including information prescribed by the secretary of state.

 

The notice of each election must be posted in at least one public and conspicuous place within each city and town included in the district at least ten days two weeks before the election.It must be published in the official newspaper of the district or, if a paper has not been designated, in a legal newspaper having general circulation within the district, at least two weeks before the election.Failure to give notice does not invalidate the election of an officer of the district.A voter may contest a hospital district election in accordance with chapter 209.Chapter 209 applies to hospital district elections.


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Sec. 80.Minnesota Statutes 2012, 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 91 98 days nor less than 77 84 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 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. 81.Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992, chapter 534, section 1, is amended to read:

 

Subd. 2.One third of the members of the first hospital board shall be appointed for a term to expire one year from December 31 next following such appointment, one third for a term to expire two years from such date, and one third for a term to expire three years from such date.Successors to the original board members shall each be elected for terms of three years, and all members shall hold office until their successors are elected and qualify.Terms of all members shall expire on December 31.In case of a vacancy on the hospital board, whether due to death, removal from the district, inability to serve, resignation, or other cause the majority of the remaining members of the hospital board, at its next regular or special meeting, shall make an appointment to fill such vacancy for the then unexpired term.The election of successors to the original board members shall be elected by popular vote of the qualified voters in the hospital district.Hospital board elections shall be conducted as provided in Minnesota Statutes, section 447.32.The hospital board shall, by resolution, adopt a plan for the orderly transition to the new election schedule.The resolution must be approved no later than four weeks before the first day to file affidavits of candidacy for the general election.The terms of hospital board members may be lengthened or shortened by one year as a part of the transition process.

 

Sec. 82.APPROPRIATION.

 

$....... is appropriated from the general fund in fiscal year 2014 to the secretary of state to develop functionality within the statewide voter registration system to facilitate the processing and tracking of mail ballots.


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Sec. 83.REPEALER.

 

(a) Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.17, subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.

 

(b) Minnesota Statutes 2012, section 2.484, is repealed.

 

ARTICLE 3

LOSS AND RESTORATION OF VOTING RIGHTS

 

Section 1.Minnesota Statutes 2012, section 13.851, subdivision 10, is amended to read:

 

Subd. 10.Felony sentence offender data; voter registration.The use and classification of felony sentence offender data made available to the secretary of state is governed by section 201.157.

 

Sec. 2.Minnesota Statutes 2012, section 201.054, is amended by adding a subdivision to read:

 

Subd. 1a.Invalid registrations; notice to voter.If the county auditor has reason to believe based upon records provided by another public entity that an individual who has submitted a voter registration application is not eligible to vote, the county auditor must notify the individual of the reason that the individual's eligibility is in question and that the individual will not be registered to vote unless the individual reaffirms the individual's eligibility in writing.

 

Sec. 3.Minnesota Statutes 2012, section 201.054, subdivision 2, is amended to read:

 

Subd. 2.Prohibitions; penalty; affirmative defense.(a) No individual shall intentionally:

 

(a) (1) cause or attempt to cause the individual's name to be registered in any precinct if the individual is not eligible to vote;

 

(b) (2) cause or attempt to cause the individual's name to be registered for the purpose of voting in more than one precinct;

 

(c) (3) misrepresent the individual's identity when attempting to register to vote; or

 

(d) (4) aid, abet, counsel, or procure any other individual to violate this subdivision.

 

A violation of this subdivision is a felony.

 

(b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause (1), if the individual:

 

(1) requested, in writing, that the county auditor of the county where the individual resides withdraw the registration, and the request was made before any complaint was filed alleging a violation of paragraph (a), clause (1); and

 

(2) did not vote at an election between the time the registration application was submitted and the time the individual requested the registration be withdrawn.


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Sec. 4.Minnesota Statutes 2012, section 201.157, is amended to read:

 

201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

 

Subdivision 1.Access to data.As required by the Help America Vote Act of 2002, Public Law 107-252, (a) The commissioner of corrections shall make electronic data available to the secretary of state on individuals 18 years of age or older who are currently:

 

(1) serving felony sentences under the commissioner's jurisdiction; or

 

(2) on probation for felony offenses that would result in the loss of civil rights, as indicated by the statewide supervision system established under section 241.065.

 

The data must include the name, date of birth, last known residential address that is not a correctional facility, and, if available, corrections' state identification number, and if available, and the driver's license or state identification card number, and, if an individual has completed the sentence, the date of discharge.

 

(b) The secretary of state must determine if any data newly indicates that:

 

(1) an individual with an active voter registration in the statewide voter registration system is currently serving a felony sentence under the commissioner's jurisdiction or is on probation for a felony offense that would result in the loss of civil rights and the individual's voter record does not already have a challenged status due to a felony conviction;

 

(2) an individual with an active voter registration in the statewide voter registration system who is currently serving a felony sentence under the commissioner's jurisdiction or who is on probation for a felony offense that would result in the loss of civil rights appears to have registered to vote or to have voted during a period when the individual's civil rights were revoked; and

 

(3) an individual with a voter record that has a challenged status due to a felony conviction who was serving a felony sentence under the commissioner's jurisdiction or who has been on probation for a felony offense that would result in the loss of civil rights has been discharged from a sentence.

 

The secretary of state shall prepare a list of the registrants included under clause (1), (2), or (3) for each county auditor.For individuals under clause (1), the county auditor shall challenge the individual's record in the statewide voter registration system.The county auditor must provide information to the county attorney about individuals under clause (2) for the county attorney's investigation.For individuals under clause (3), the county auditor must determine if the challenge status should be removed from the voter record for the individual, and if so, must remove the challenge.

 

The secretary of state must make the required determinations and provide the required lists to the county auditors at least monthly.

 

For each state general election that occurs prior to the statewide voter registration system being programmed to generate lists as required by this section, the secretary of state must make the determination and provide lists to the county auditors between 30 and 60 days before the election and again between six and ten weeks after the election.In the year following that state election, the secretary of state must make this determination and provide lists to the county auditors again as part of the annual list maintenance.

 

Subd. 2.Notice to affected individuals.(a) Between 60 and 65 days prior to a state general election, the Department of Corrections shall provide to the secretary of state a list of offenders who, at the time the list is prepared, are on supervised release or probation for a felony offense that resulted in the loss of civil rights.The list


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shall also include former offenders who the data indicates were discharged from all felony-level sentences since the previous list was provided in accordance with this subdivision and who are not serving a felony-level sentence at the time the list is prepared.The data must include the offender's name; date of birth; last known residential address that is not a correctional facility; if available, corrections state identification number and driver's license or state identification card number; and if an offender has completed the sentence, the date the discharge occurred.

 

(b) The secretary of state shall use the data provided in paragraph (a) to mail written notices at least one month prior to a state general election, as follows:

 

(1) a notice to each individual on probation for a felony offense that would result in the loss of civil rights, informing the individual that registration or voting while on probation for the offense is itself a felony offense and may result in the loss of the individual's probation status; and

 

(2) a notice to each individual who has completed a term of probation resulting in the loss of civil rights and who has no new felony conviction, that the individual's right to vote has been restored.

 

Subd. 3.Data.Data on offenders submitted to the secretary of state under this section are private data on individuals as defined in section 13.02, subdivision 12, and may be used or disseminated only for purposes authorized by this section.

 

Sec. 5.Minnesota Statutes 2012, section 201.275, is amended to read:

 

201.275 INVESTIGATIONS; PROSECUTIONS.

 

A county attorney who law enforcement agency that is notified by affidavit of an alleged violation of this chapter shall promptly investigate.If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury.A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction shall forfeit office.The county attorney, under the penalty of forfeiture of office, shall prosecute all violations of this chapter except violations of this section; if, however, a complainant withdraws an allegation under this chapter, the county attorney is not required to proceed with the prosecution according to the generally applicable standards regarding the prosecutorial functions and duties of a county attorney.

 

Sec. 6.Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:

 

Subd. 3.Delivery of ballots.(a) The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities.An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant.The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney.The Department of Corrections must implement procedures to ensure that absentee ballots issued under chapter 203B are not received or mailed by offenders incarcerated at state adult correctional facilities.

 

(b) If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application.If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:


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(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);

 

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;

 

(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or

 

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient in a health care facility, a resident of a facility providing assisted living services governed by chapter 144G, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

 

(b) (c) If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application.Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.121, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.

 

EFFECTIVE DATE.This section is effective June 15, 2013.

 

Sec. 7.Minnesota Statutes 2012, section 204C.14, is amended to read:

 

204C.14 UNLAWFUL VOTING; PENALTY.

 

Subdivision 1.Violations; penalty.No individual shall intentionally:

 

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

 

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

 

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

 

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

 

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

 

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

 

A violation of this section is a felony.

 

Subd. 2.Signature on roster as evidence of intent.For purposes of proving a violation of this section, the signature of an individual on a polling place roster is prima facie evidence of the intent of the individual to vote at that election.


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Sec. 8.Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read:

 

Subd. 2.Establishment.The Department of Corrections shall administer and maintain a computerized data system for the purpose of assisting criminal justice agencies in monitoring and enforcing the conditions of conditional release imposed on criminal offenders by a sentencing court or the commissioner of corrections.The adult data and juvenile data as defined in section 260B.171 in the statewide supervision system are private data as defined in section 13.02, subdivision 12, but are accessible to criminal justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender program as provided in section 246B.04, subdivision 3, to public defenders as provided in section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in other states in the conduct of their official duties.Adult data in the statewide supervision system are accessible to the secretary of state for the purposes described in section 201.157.

 

Sec. 9.[244.25] NOTICE OF LOSS OF VOTING RIGHTS.

 

Whenever an adult felon is placed on probation supervision, the individual must be provided a written notice, included in the probation agreement, that the individual may not register to vote or cast a ballot in any election during the period of felony supervision.The individual must acknowledge, by signature, receipt of the notice.A copy of the notice and signature must be placed in the felon's probation supervision file.

 

Sec. 10.APPROPRIATION.

 

(a) $....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year 2015 to the secretary of state to administer this act.Of these amounts, $....... is added to the base budget of the secretary of state.

 

(b) $....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year 2015 to the commissioner of corrections to administer this act.Of this amount, $....... is added to the base budget of the Department of Corrections.

 

ARTICLE 4

ELECTRONIC ROSTERS

 

Section 1.ELECTRONIC ROSTER PILOT PROJECT.

 

Subdivision 1.Established.A pilot project is established to explore the use of electronic rosters in conducting elections.Jurisdictions participating in the project must use electronic rosters to process election day registration.The pilot project shall apply to general elections for home rule charter or statutory cities conducted in participating cities in 2013.The standards for conducting the pilot project are as provided in this section.

 

Subd. 2.Participating cities.Precincts located in Minnetonka, Moorhead, St. Anthony, St. Paul, and St. Peter may participate in the project.In participating cities, individual precincts shall be selected by the head elections official within each jurisdiction.

 

Subd. 3.Requirements of electronic roster technology.In participating cities, an electronic roster and the computer it is run on must:

 

(1) allow for data to be exported in a file format prescribed by the secretary of state;

 

(2) allow for data to be entered manually or by scanning a Minnesota driver's license or identification card to populate a voter registration application that would be printed and signed and dated by the voter;


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

 

(4) immediately alert the election judge if the electronic roster indicates that a voter has already voted, or it appears that the voter resides in a different precinct; and

 

(5) perform any other functions necessary for the efficient and secure administration of the election, as determined by the secretary of state.

 

Subd. 4.Minnesota Election Law; other law.Except as provided in this section, the provisions of the Minnesota Election Law apply to this pilot project, so far as practicable.Voters participating in the safe at home program must be allowed to vote pursuant to Minnesota Statutes, section 5B.06.Nothing in this section shall be construed to amend absentee voting provisions in Minnesota Statutes, chapter 203B.

 

Subd. 5.Election records retention.All voter's signature certificates and voter registration applications printed from an electronic roster shall be retained pursuant to Minnesota Statutes, section 204B.40.Data on election day registrants must be uploaded to the statewide voter registration system for processing by county auditors.

 

Subd. 6.Evaluation.The secretary of state must provide for an evaluation of the pilot project and must report to the legislative committees with jurisdiction over elections by February 15, 2014.The report must include:

 

(1) a description of the technology that was used and explanation of how that technology was selected;

 

(2) the process used for implementing electronic poll books;

 

(3) a description of training that was conducted for election judges and other election officials in precincts that used electronic poll books;

 

(4) the number of voters who voted in each precinct using electronic poll books;

 

(5) comments or feedback from election judges or others in a precinct using electronic poll books;

 

(6) the costs associated with the use of electronic poll books, broken down by precinct;

 

(7) comments or feedback from the participating cities and counties regarding data transfers and other exchanges of information; and

 

(8) any other feedback or recommendations the secretary of state believes are relevant to evaluating the pilot project.

 

Sec. 2.USE OF ELECTRONIC ROSTERS FOR PREREGISTERED VOTERS; MOCK ELECTION.

 

(a) No later than April 15, 2014, the secretary of state must conduct a mock election to demonstrate and test the use of electronic rosters that contain data on preregistered voters.The secretary of state must ensure that the list of preregistered voters used for the mock election includes the variety of types of voters that could appear in a polling place, including voters listed as "challenged" for different reasons, voters who are registered at a different address in the precinct, voters who have already voted in-person at the polling place, and voters who have already voted by absentee ballot.The mock election must test the ability of the electronic roster technology to upload data from the electronic roster into the statewide voter registration system.Prior to the mock election, the secretary of state, in consultation with local election officials, must develop a checklist of items that should be tested when using electronic rosters that contain data on preregistered voters and prepare specific instructions to be displayed on the electronic roster to the election judge for resolving a particular type of challenge when a voter's record is challenged.


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The secretary of state may adopt other procedures related to the conduct of the mock election as necessary to ensure the mock election resembles, to the extent practical, an actual election conducted according to the Minnesota Election Law.

 

(b) On or before April 30, 2014, the secretary of state must report the results of the mock election to the chairs and ranking minority members of the legislative committees with jurisdiction over elections, including feedback on the process from local elections officials, and recommendations about the feasibility of using electronic rosters that contain data on preregistered voters at the 2014 state primary and state general election.

 

Sec. 3.ELECTRONIC ROSTER TASK FORCE.

 

Subdivision 1.Membership.(a) The Electronic Roster Task Force consists of the following 15 members:

 

(1) the director of the Department of Public Safety, Division of Vehicle Services, or designee;

 

(2) the secretary of state, or designee;

 

(3) an individual designated by the secretary of state, from the elections division in the Office of the Secretary of State;

 

(4) the chief information officer of the state of Minnesota, or designee;

 

(5) one county auditor appointed by the Minnesota Association of County Officers;

 

(6) one town election official appointed by the Minnesota Association of Townships;

 

(7) one city election official appointed by the League of Minnesota Cities;

 

(8) one school district election official appointed by the Minnesota School Boards Association;

 

(9) one representative appointed by the speaker of the house;

 

(10) one representative appointed by the minority leader of the house of representatives;

 

(11) one senator appointed by the senate majority leader;

 

(12) one senator appointed by the senate minority leader;

 

(13) one individual, appointed by the governor, familiar with electronic roster technology but who does not represent a specific vendor of the technology; and

 

(14) two election judges appointed by the governor.

 

(b) Any vacancy shall be filled by appointment of the appointing authority for the vacating member.

 

(c) Members shall be appointed by June 1, 2013.

 

Subd. 2.Duties.(a) The task force must research the following issues:

 

(1) electronic roster technology, including different types of electronic rosters;


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(2) the ability to use photographs received from the Department of Public Safety, Division of Driver and Vehicle Services;

 

(3) the ability to add photographs to the roster on election day;

 

(4) data security in electronic rosters, the statewide voter registration system, and the Department of Public Safety, Division of Driver and Vehicle Services;

 

(5) reliability of Department of Public Safety, Division of Driver and Vehicle Services data, including the ability to match names and photographs without duplication;

 

(6) ability of precincts across the state to connect an electronic roster to a secure network to access the statewide voter registration system; and

 

(7) direct and indirect costs associated with using electronic rosters.

 

(b) The task force must prepare a report summarizing its findings and listing recommendations based on its research.The report shall include suggested legislation if the task force believes legislation is necessary.

 

Subd. 3.First meeting.(a) The secretary of state, or the secretary's designee, must convene the initial meeting of the task force by July 1, 2013.The members of the task force must elect a chair and a vice-chair from the members of the task force at the first meeting.

 

(b) Members of the task force shall be compensated at the rate of $55 a day spent on task force activities, when authorized by the task force, plus expenses in the same manner and amount as authorized by the commissioner's plan adopted under Minnesota Statutes, section 43A.18, subdivision 2.Members who, as a result of time spent attending task force meetings, incur child care expenses that would not otherwise have been incurred, may be reimbursed for those expenses upon council or committee authorization.Legislative members of the task force shall receive compensation pursuant to Minnesota Statutes, section 3.099, for activities related to the task force.Members who are state employees, not including legislators, must not receive the daily compensation for activities that occur during working hours for which they are compensated by the state.

 

(c) The Legislative Coordinating Commission shall provide staff support, as needed, to facilitate the task force's work.

 

Subd. 4.Report.The task force shall submit its report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over elections by February 15, 2014.

 

Sec. 4.APPROPRIATION.

 

(a) $....... is appropriated from the general fund to the secretary of state to carry out the requirements of sections 1 and 2.

 

(b) $....... is appropriated to the Legislative Coordinating Commission for the purposes of the task force established in section 3.

 

Sec. 5.EFFECTIVE DATE.

 

This article is effective the day following final enactment.


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ARTICLE 5

VACANCIES IN NOMINATION

 

Section 1.Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:

 

Subdivision 1.Death or withdrawal Partisan office.(a) A vacancy in nomination may for a partisan office must be filled in the manner provided by this section.A vacancy in nomination exists for a partisan office when:(1) a major political party candidate or nonpartisan candidate who was nominated at a primary dies or files an affidavit of withdrawal as provided in section 204B.12, subdivision 2a; or (2) a candidate for a nonpartisan office, for which one or two candidates filed, who has been nominated in accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:

 

(1) dies;

 

(2) withdraws as provided in section 204B.12, subdivision 1.; or

 

(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least one day prior to the general election with the same official who received the affidavit of candidacy.

 

(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that the candidate has been diagnosed with a catastrophic illness that will permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought, if elected.The affidavit must be accompanied by a certificate verifying the candidate's illness meets the requirements of this paragraph, signed by at least two licensed physicians.The affidavit and certificate may be filed by the candidate or the candidate's legal guardian.

 

Sec. 2.Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:

 

Subd. 2.Partisan office; nomination by party; special election.(a) A vacancy in nomination for partisan office shall be filled as provided in this subdivision.Except as provided in subdivision 5, a major political party has the authority to may fill a vacancy in nomination of that party's candidate as defined in subdivision 1, clause (1) or (3), by filing a one nomination certificate with the same official who received the affidavits of candidacy for that office.

 

(b) A major political party may provide in its governing rules a procedure, including designation of an appropriate committee, to fill vacancies a vacancy in nomination for all offices elected statewide any federal or state partisan office.The nomination certificate shall be prepared under the direction of and executed by the chair and secretary of the political party and filed within seven days after the vacancy in nomination occurs or before the 14th day before the general election, whichever is sooner.If the vacancy in nomination occurs through the candidate's death or catastrophic illness, the nomination certificate must be filed within seven days after the vacancy in nomination occurs but no later than four days before the general election the timelines established in this section.When filing the certificate the chair and secretary when filing the certificate shall attach an affidavit stating that the newly nominated candidate has been selected under the rules of the party and that the individuals signing the certificate and making the affidavit are the chair and secretary of the party.

 

(b) In the case of a vacancy in nomination for partisan office that occurs on or before the 79th day before the general election, the major political party must file the nomination certificate no later than 71 days before the general election.The name of the candidate nominated by the party must appear on the general election ballot.

 

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for a partisan office that occurs after the 79th day before the general election, the general election ballot shall remain unchanged, but the county and state canvassing boards must not certify the vote totals for that office from the general election, and the office must be filled at a special election held in accordance with this section.Except for the vacancy in nomination, all other


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candidates whose names appeared on the general election ballot for the office must appear on the special election ballot for the office.New affidavits of candidacy or nominating petitions may not be accepted, and there must not be a primary to fill the vacancy in nomination.The major political party may file a nomination certificate as provided in paragraph (a), no later than seven days after the general election.On the date of the general election, the county auditor or municipal clerk shall post a notice in each precinct affected by a vacancy in nomination under this paragraph, informing voters of the reason for the vacancy in nomination and the procedures for filling the vacancy in nomination and conducting a special election as required by this section.

 

Sec. 3.Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 2a.Partisan office; filing period.A vacancy in nomination for a partisan office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except that all documents and fees required by those sections must be filed within five days after the vacancy in nomination occurs.There must be a two-day period for withdrawal of candidates after the last day for filing.

 

If there is more than one candidate at the end of the withdrawal period to fill the vacancy in nomination, the candidates' names must appear on the primary ballot.Otherwise, the candidate's name must appear on the general election ballot.

 

Sec. 4.Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:

 

Subd. 5.Candidates for governor and lieutenant governor.(a) If a vacancy in nomination for a major political party occurs in the race for governor, the political party must nominate the candidates for both governor and lieutenant governor.If a vacancy in nomination for a major political party occurs in the race for lieutenant governor, the candidate for governor determined under this section shall select the candidate for lieutenant governor.If a vacancy in nomination occurs in the race for lieutenant governor, due to a vacancy in nomination for governor or due to the withdrawal or death of the candidate for lieutenant governor, the candidate for governor shall select the candidate for lieutenant governor as provided in this subdivision.

 

(b) For a vacancy in nomination for lieutenant governor that occurs on or before the 16th 79th day before the general election, the name of the lieutenant governor candidate must be submitted by the governor candidate to the filing officer within seven days after the vacancy occurs, or before the 14th day before the general election, whichever is sooner no later than 71 days before the general election.If the vacancy in nomination occurs through the death or catastrophic illness of the candidate for lieutenant governor occurs after the 79th day before the general election, the candidate for governor shall submit the name of the new lieutenant governor candidate to the secretary of state within seven days after the vacancy in nomination occurs but no later than four days before the general election.If the vacancy in nomination occurs through the death or catastrophic illness of the candidate for governor, the new candidate for governor shall submit the name of the lieutenant governor candidate within seven days after the vacancy in nomination for governor is filled under section 204B.13, subdivision 2, but no later than four days before the general election.occurs, but no changes may be made to the general election ballots.

 

Sec. 5.Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 7.Date of special election.If a special election is required under this section, the governor shall issue a writ calling for a special election to be conducted on the second Tuesday in February of the year following the year the vacancy in nomination occurred.Except where otherwise provided in this section, the writ shall be issued and the special election conducted according to the requirements of sections 204D.22 to 204D.27.


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Sec. 6.Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 8.Absentee voters.At least 46 days, but no more than 50 days, before a special election conducted under this section, the county auditor shall transmit an absentee ballot for the special election to each applicant for an absentee ballot whose application for an absentee ballot for the preceding general election was recorded under section 203B.04 or 203B.17.New applicants for an absentee ballot may be provided a ballot in the manner specified in chapter 203B.

 

Sec. 7.Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 9.Appropriation.In the case of a statewide special election under this section, the amount necessary is appropriated to the secretary of state to cover costs incurred by the state, county, and municipal governments to conduct the special election.

 

Sec. 8.[204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.

 

Subdivision 1.Applicability.A vacancy in nomination for a nonpartisan office must be filled in the manner provided by this section.A vacancy in nomination for a nonpartisan office exists when:

 

(1) a candidate for any nonpartisan office, for which one or two candidates filed, withdraws as provided in section 204B.12, subdivision 1; or

 

(2) a candidate for any nonjudicial nonpartisan office, for which only one or two candidates filed or who was nominated at a primary, dies more than 79 days before the date of the general election.

 

Subd. 2.Procedure for filling vacancy.A vacancy in nomination for a nonpartisan office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing an affidavit of candidacy and filing a petition in place of a filing fee, in the manner provided in sections 204B.06, 204B.09, and 204B.11.All documents and fees required by this subdivision must be filed within five days after the vacancy in nomination occurs.There must be a two-day period for withdrawal of candidates after the last day for filing.

 

If the vacancy in nomination resulted from a withdrawal during the withdrawal period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal period to fill the vacancy in nomination, there are more than two candidates, the candidates' names must appear on the primary ballot.In all other cases, the candidates' names must appear on the general election ballot.

 

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

 

Sec. 9.Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision to read:

 

Subd. 6.Writ when vacancy results from vacancy in nomination.If a vacancy in office is due to a vacancy in nomination under section 204B.13, the governor shall issue a writ in the manner provided in that section.

 

Sec. 10.REPEALER.

 

(a) Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13, subdivision 6, are repealed.

 

(b) Minnesota Statutes 2012, section 204B.13, subdivision 4, is repealed.

 

Sec. 11.EFFECTIVE DATE.

 

This article is effective the day following final enactment.


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ARTICLE 6

COUNTY GOVERNMENT STRUCTURE

 

Section 1.KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.Authorization to make office appointive.Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.Board controls; may change as long as duties done.Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.Incumbents to complete term.The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.Publishing resolution; petition; referendum.(a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and the county recorder as permitted in this section.The resolution must be approved by at least 80 percent of the members of the county board.The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.The petition must be signed by at least ten percent of the registered voters of the county.The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If the petition is sufficient, the question of appointing the county auditor-treasurer and recorder must be placed on the ballot at a regular or special election.If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.Reverting to elected offices.(a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment hearing, the county board may adopt the resolution.The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:


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(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.This section is effective the day after the Kandiyohi County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 2.LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.Authorization to make office appointive.Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.Board controls; may change as long as duties done.Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.Incumbents to complete term.The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.Publishing resolution; petition; referendum.(a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and the county recorder as permitted in this section.The resolution must be approved by at least 80 percent of the members of the county board.The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.The petition must be signed by at least ten percent of the registered voters of the county.The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If the petition is sufficient, the question of appointing the county auditor-treasurer and recorder must be placed on the ballot at a regular or special election.If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.


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Subd. 5.Reverting to elected offices.(a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment hearing, the county board may adopt the resolution.The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.This section is effective the day after the Lake County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 3.CLAY COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.Authorization to make office appointive.Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Clay County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.Board controls; may change as long as duties done.Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.Incumbents to complete term.The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.Publishing resolution; petition; referendum.(a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and the county recorder as permitted in this section.The resolution must be approved by at least 80 percent of the members of the county board.The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).


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(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.The petition must be signed by at least ten percent of the registered voters of the county.The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If the petition is sufficient, the question of appointing the county auditor-treasurer and recorder must be placed on the ballot at a regular or special election.If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.Reverting to elected offices.(a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment hearing, the county board may adopt the resolution.The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.This section is effective the day after the Clay County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 4.JACKSON COUNTY AUDITOR-TREASURER MAY BE APPOINTED.

 

Subdivision 1.Authorization to make office appointive.Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Jackson County Board of Commissioners, the office of county auditor-treasurer is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.Board controls; may change as long as duties done.Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.Incumbents to complete term.The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.


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Subd. 4.Publishing resolution; petition; referendum.(a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer as permitted in this section.The resolution must be approved by at least 80 percent of the members of the county board.The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.The petition must be signed by at least ten percent of the registered voters of the county.The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If the petition is sufficient, the question of appointing the county auditor-treasurer must be placed on the ballot at a regular or special election.If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.Reverting to elected offices.(a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment hearing, the county board may adopt the resolution.The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.This section is effective the day after the Jackson County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 5.LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.Authorization to make office appointive.Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.


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Subd. 2.Board controls; may change as long as duties done.Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.Incumbents to complete term.The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.Publishing resolution; petition; referendum.(a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and the county recorder as permitted in this section.The resolution must be approved by at least 80 percent of the members of the county board.The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.The petition must be signed by at least ten percent of the registered voters of the county.The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If the petition is sufficient, the question of appointing the county auditor-treasurer and recorder must be placed on the ballot at a regular or special election.If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.Reverting to elected offices.(a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.After the public comment hearing, the county board may adopt the resolution.The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.This section is effective the day after the Lyon County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.


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ARTICLE 7

NATIONAL POPULAR VOTE; INTERSTATE COMPACT

 

Section 1.[208.051] AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE.

 

The Agreement Among the States to Elect the President by National Popular Vote is enacted into law and entered into with all other states legally joining in it in substantially the following form:

 

Article I - Membership

 

Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.

 

Article II - Right of the People in Member States to

Vote for President and Vice President

 

Each member state shall conduct a statewide popular election for president and vice president of the United States.

 

Article III - Manner of Appointing Presidential Electors in Member States

 

Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the "national popular vote winner." The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner.At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state.The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by Congress.In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official's own state.If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees.The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.

 

Article IV - Other Provisions

 

This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less


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before the end of a president's term shall not become effective until a president or vice president shall have been qualified to serve the next term.The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.This agreement shall terminate if the electoral college is abolished.If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

 

Article V - Definitions

 

For purposes of this agreement,

 

"chief executive" means the governor of a state of the United States or the mayor of the District of Columbia;

 

"elector slate" means a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;

 

"chief election official" means the state official or body that is authorized to certify the total number of popular votes for each presidential slate;

 

"presidential elector" means an elector for president and vice president of the United States;

 

"presidential elector certifying official" means the state official or body that is authorized to certify the appointment of the state's presidential electors;

 

"presidential slate" means a slate of two persons, the first of whom has been nominated as a candidate for president of the United States and the second of whom has been nominated as a candidate for vice president of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;

 

"state" means a state of the United States and the District of Columbia; and

 

"statewide popular election" means a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis."

 

Delete the title and insert:

 

"A bill for an act relating to elections; making policy, technical, and clarifying changes to various provisions related to election law, including provisions related to absentee voting, redistricting, ballots, registration, voting, caucuses, campaigns, the loss and restoration of voting rights, vacancies in nomination, county government structure, and election administration; providing an electronic roster pilot project and task force; establishing the Uniform Faithful Presidential Electors Act; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision 3; 103C.305, subdivision 3; 201.054, subdivision 2, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 201.12, subdivision 3; 201.13, subdivision 1a; 201.14; 201.157; 201.275; 202A.14, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.08, subdivision 3; 203B.081; 203B.121, subdivisions 1, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04, by adding a subdivision; 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204B.18, subdivision 2; 204B.22, subdivisions 1, 2; 204B.28, subdivision 1; 204B.32, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.36, subdivision 1; 204B.45, subdivisions 1, 2; 204B.46; 204C.14; 204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25; 204C.27; 204C.35, subdivision 1, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 6; 204D.09, subdivision 2; 204D.11, subdivisions 1, 4, 5, 6; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3; 204D.15, subdivision 3;


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204D.16; 204D.165; 204D.19, subdivision 2, by adding a subdivision; 205.02, subdivision 2; 205.10, subdivision 3; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205.17, subdivisions 1, 3; 205A.04, by adding a subdivision; 205A.05, subdivisions 1, 2; 205A.07, subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.61, subdivision 4; 206.89, subdivision 2, by adding a subdivision; 206.895; 206.90, subdivision 6; 208.04, subdivisions 1, 2; 211B.045; 211B.37; 241.065, subdivision 2; 340A.416, subdivisions 2, 3; 340A.602; 375.20; 447.32, subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 2; 204B; 208; 244; repealing Minnesota Statutes 2012, sections 2.484; 203B.04, subdivision 6; 204B.12, subdivision 2a; 204B.13, subdivisions 4, 6; 204B.42; 204D.11, subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4."

 

 

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

 

††††† The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 906, A bill for an act relating to natural resources; requiring the development of silica sand mining model standards and criteria; establishing a silica sand technical assistance team; requiring administrative rules; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116C.

 

Reported the same back with the following amendments:

 

Page 1, line 13, delete "shafting" and insert "by shaft"

 

Page 1, line 16, delete everything after "means" and insert "well-rounded, sand-sized grains of quartz (silicon dioxide), with very little impurities in terms of other minerals.Specifically, the silica sand for the purposes of this section is commercially valuable for use in the hydraulic fracturing of shale to obtain oil and natural gas."

 

Page 1, line 17, delete everything before "Silica"

 

Page 1, line 20, after "mining" insert "and processing"

 

Page 1, line 21, after "filtering," insert "drying," and delete "processing,"

 

Page 2, delete lines 12 to 23 and insert:

 

"(1) recommendations for setbacks or buffers for mining operation and processing, including:

 

(i) any residence or residential zoning district boundary;

 

(ii) any property line or right-of-way line of any existing or proposed street or highway;

 

(iii) ordinary high water levels of public waters;

 

(iv) bluffs;

 

(v) designated trout streams, Class 2A water as designated in the rules of the Pollution Control Agency, or any perennially flowing tributary of a designated trout stream or Class 2A water;


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(vi) calcareous fens;

 

(vii) wellhead protection areas as defined in section 103I.005;

 

(viii) critical natural habitat acquired by the commissioner of natural resources under section 84.944; and

 

(ix) a natural resource easement paid wholly or in part by public funds;"

 

Page 3, line 4, delete "and"

 

Page 3, after line 4, insert:

 

"(13) road and bridge impacts and requirements; and"

 

Page 3, line 5, delete "(13)" and insert "(14)"

 

Page 3, line 6, delete "the Pollution Control Agency" and insert "natural resources"

 

Page 3, line 9, after "government" insert ", at their request,"

 

Page 3, line 10, delete the second "and" and insert "monitoring, or"

 

Page 3, line 18, delete "board" and insert "technical assistance team" and delete "Environmental" and insert "technical assistance team, at the request of the local unit of government,"

 

Page 3, line 19, delete "Quality Board"

 

Page 3, line 21, delete "board" and insert "technical assistance team"

 

Page 3, line 22, delete "board's" and insert "technical assistance team's"

 

Page 3, line 26, delete "board and"

 

Page 3, delete section 2 and insert:

 

"Sec. 2.[116C.991] TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT LIBRARY.

 

By October 1, 2013, the Environmental Quality Board, in consultation with local units of government, shall create and maintain a library on local government ordinances and local government permits that have been approved for regulation of silica sand projects for reference by local governments.

 

Sec. 3.RULES.

 

(a) The commissioner of the Pollution Control Agency shall adopt rules pertaining to the control of particulate emissions from silica sand mines.The commissioner shall consider and incorporate, as appropriate to the conditions of this state, Wisconsin Administrative Code NR 415, in effect as of January 1, 2012, pertaining to industrial sand mines.

 

(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation of silica sand mines.The commissioner shall consider and incorporate, as appropriate to the conditions of this state, Wisconsin Administrative Code NR 135, in effect as of January 1, 2012, pertaining to reclamation of industrial sand mines.


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(c) By January 1, 2014, the Department of Health shall adopt an air quality health advisory for silica sand."

 

Page 4, line 3, before "$......." insert "(a)"

 

Page 4, after line 5, insert:

 

"(b) $....... in fiscal year 2014 is appropriated from the general fund to the Pollution Control Agency for the development of rules under section 3, paragraph (a).

 

(c) $....... in fiscal year 2014 is appropriated from the general fund to the commissioner of natural resources for the development of rules under section 3, paragraph (b)."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

††††† The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 950, A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers; proposing coding for new law in Minnesota Statutes, chapter 179A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

FAMILY CHILD CARE PROVIDERS REPRESENTATION ACT

 

Section 1.[179A.50] REPRESENTATION OF FAMILY CHILD CARE PROVIDERS.

 

Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers Representation Act.

 

Sec. 2.[179A.51] DEFINITIONS.

 

Subdivision 1.Scope.For the purposes of sections 179A.50 to 179A.52, the terms in this section have the meanings given them.

 

Subd. 2.Commissioner."Commissioner" means the commissioner of mediation services.

 

Subd. 3.Exclusive representative."Exclusive representative" means an employee organization that has been elected and certified under section 179A.52, thereby maintaining the right to represent family child care providers in their relations with the state.


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Subd. 4.Family child care provider."Family child care provider" means an individual, either licensed or unlicensed, who provides legal child care services as defined under section 245A.03, except for providers licensed under Minnesota Rules, chapter 9503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a), clause (5), and who provides subsidized child care services for a child or children currently in their care under sections 119B.011, subdivisions 20 and 20a; 119B.03; and 119B.05.

 

Sec. 3.[179A.52] RIGHT TO ORGANIZE.

 

Subdivision 1.Right to organize; limitations.Family child care providers shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation and meeting and negotiating with the state.Sections 179A.06, subdivisions 3 and 6, and 179A.22 apply to family child care providers except as otherwise provided in this section.Family child care providers have the rights and obligations of public employees only for the purposes of meeting and negotiating on issues specified in subdivision 7, paragraph (a), and purposes related to meeting and conferring as provided in this section.This section does not grant family child care providers status as public employees for any other purpose than the use of procedures in this chapter for the right to organize, mediate, and negotiate related to the issues specified in subdivision 7, paragraph (a), and to meet and confer as set forth in this section.This chapter applies to the relations between the state, the exclusive representative, and family child care providers only for purposes of this section.Family child care providers shall have the same rights to interest arbitration provided under section 179A.16, subdivision 2, to essential employees.Family child care providers shall not have the right to strike.

 

Subd. 2.Appropriate unit.The only appropriate unit under this section shall be a statewide unit of all family child care providers.The unit shall be treated as an appropriate unit under section 179A.10, subdivision 2.

 

Subd. 3.Certification; process.For the purposes of determining certification under section 179A.12, the commissioner shall utilize a list of family child care providers compiled by the commissioner of human services over the most recent 12-month period.The commissioner shall conduct a certification election by mail ballot pursuant to the procedures in this chapter.

 

Subd. 4.Compilation of list.The commissioner of human services shall, by July 1, 2013, and monthly thereafter, compile and maintain a list of the names and addresses of all family child care providers who have been paid for providing child care assistance services to participants within the previous 12 months.The list shall not include the name of any participant, or indicate that an individual provider is a relative of a participant or has the same address as a participant.The commissioner shall share the lists with others as needed for the state to meet its obligations under this chapter as modified and made applicable to family child care providers under this section, and to facilitate the representational processes under this section.

 

Subd. 5.List access.Beginning July 1, 2013, upon a showing made to the commissioner of the Bureau of Mediation Services by any employee organization wishing to represent the appropriate unit of family child care providers that at least 500 family child care providers support such representation, the commissioner of human services shall provide to such organization within seven days the most recent list of family child care providers compiled under subdivision 4, and subsequent monthly lists upon request for an additional three months.

 

Subd. 6.Elections for exclusive representative.After July 31, 2013, any employee organization wishing to represent the appropriate unit of family child care providers may seek exclusive representative status pursuant to section 179A.12.Representation elections for family child care providers shall be conducted by mail ballot, and such election shall be conducted upon an appropriate petition stating that at least ten percent of the unit wishes to be represented by the petitioner.The family child care providers eligible to vote in any such election shall be those family child care providers on the monthly list of family child care providers compiled under this section, most recently preceding the filing of the election petition.Except as otherwise provided, elections under this clause shall be conducted in accordance with section 179A.12.


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Subd. 7.Meet and negotiate.(a) If the commissioner certifies an employee organization as the majority exclusive representative, the state, through the commissioner of management and budget, shall meet and negotiate in good faith with the exclusive representative of the family child care provider unit on the following issues:

 

(1) child care assistance reimbursement rates under chapter 119B;

 

(2) fringe benefits, including those paid upon termination, but not retirement contributions or benefits, and not other benefits to be paid when a person is no longer a family child care provider; and

 

(3) grievance procedures regarding matters in clauses (1) and (2).

 

(b) This obligation does not compel the state or its representatives to agree to a proposal or require the making of a concession.The commissioner of management and budget is authorized to enter into agreements with the exclusive representative on issues specified in paragraph (a).

 

Subd. 8.Legislative action on agreements.Any interest arbitration award or negotiated agreement reached between the state and the exclusive representative of the family child care provider unit under this chapter shall be submitted to the legislature to be accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section 179A.20, subdivisions 2 and 5.

 

Subd. 9.Meet and confer.The state has an obligation to meet and confer under this chapter with the exclusive representative of the family child care provider unit to discuss policies and other matters relating to their working conditions.

 

Subd. 10.Exemption; federal law.In affording family child care providers the right to engage in collective action, select a representative, and jointly engage in discussions with the state under the terms of this section, the state intends that the "state action" exemption from federal antitrust laws be fully available to the state, based on the state's active supervision of family child care providers to improve the quality, accessibility, and affordability of early childhood education services in the state.

 

Subd. 11.Rights.Nothing in this section shall be construed to interfere with:

 

(1) parental rights to select and deselect family child care providers or the ability of family child care providers to establish the rates they charge to parents;

 

(2) the right or obligation of any state agency to communicate or meet with any citizen, including other family child care providers, or organization concerning family child care legislation, regulation, or policy on any topic that is not specified in subdivision 7, paragraph (a); or

 

(3) the rights and responsibilities of family child care providers under federal law.

 

Subd. 12.Membership status and eligibility for subsidies.Membership status in an employee organization shall not affect the eligibility of a family child care provider to receive payments under, or serve a child who receives payments under, chapter 119B.

 

Sec. 4.[179A.53] NO USE OF SCHOLARSHIPS FOR DUES OR FEES.

 

Early learning scholarships shall not be applied, through state withholding or otherwise, toward payment of dues or fees that are paid to exclusive representatives of family child care providers.


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Sec. 5.SEVERABILITY.

 

Should any part of this act be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this act shall remain in full force and effect.

 

ARTICLE 2

INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES REPRESENTATION

 

Section 1.[179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES.

 

Subdivision 1.Definitions.(a) For the purposes of this section:

 

(b) "Direct support services" has the meaning given to it under section 256B.0711, subdivision 1, paragraph (d).

 

(c) "Individual provider" has the meaning given to it under section 256B.0711, subdivision 1, paragraph (e).

 

(d) "Participant" has the meaning given to it under section 256B.0711, subdivision 1, paragraph (f).

 

(e) "Participant's representative" has the meaning given to it under section 256B.0711, subdivision 1, paragraph (g).

 

Subd. 2.Rights of individual providers and participants.Only for the purposes of meeting and negotiating on issues specified in subdivision 3, individual providers shall be considered, by virtue of this section, executive branch state employees employed by the commissioner of management and budget or the commissioner's representative.This section does not require the treatment of individual providers as public employees for any other purpose.This chapter shall apply to individual providers except as otherwise provided in this section.Notwithstanding section 179A.03, subdivision 14, paragraph (a), clause (5), this chapter shall apply to individual providers regardless of part-time or full-time employment status.

 

Subd. 3.Scope of meet and negotiate obligation.If an exclusive representative is certified pursuant to this section, the mutual rights and obligations of the state and an exclusive representative of individual providers to meet and negotiate regarding terms and conditions shall extend only to the following issues:

 

(1) compensation rates and payment terms and practices;

 

(2) fringe benefits, including those that are paid for or funded per hour of service of an individual provider, but not for state retirement payments or other benefits to be paid by the state when a person no longer intends to be an individual provider;

 

(3) grievance procedures regarding matters in clauses (1) and (2);

 

(4) access to training and educational opportunities, including training funds, for individual providers; and

 

(5) required orientation programs including for all newly hired individual providers.

 

Subd. 4.Rights of covered program participants.No provision of any agreement reached between the state and any exclusive representative of individual providers, nor any arbitration award, shall interfere with the rights of participants or participants' representatives to select, hire, direct, supervise, and terminate the employment of their individual providers; to manage an individual service budget regarding the amounts and types of authorized goods or services received; or to receive direct support services from individual providers not referred to them through a state registry.


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Subd. 5.Legislative action on agreements.Any negotiated agreement or arbitration decision reached between the state and the exclusive representative of individual providers under this chapter shall be submitted to the legislature to be accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section 179A.20, subdivisions 2 and 5.

 

Subd. 6.Strikes prohibited.Individual providers shall be subject to the prohibition on strikes applied to essential employees under section 179A.18.

 

Subd. 7.Interest arbitration.Individual providers shall be subject to the interest arbitration procedures applied to essential employees under section 179A.16.

 

Subd. 8.Appropriate unit.The only appropriate unit for individual providers shall be a statewide unit of all individual providers.Individual providers who are related to their participant or their participant's representative shall not for such reason be excluded from the appropriate unit.

 

Subd. 9.List access.Beginning July 1, 2013, upon a showing made to the commissioner of the Bureau of Mediation Services by any employee organization wishing to represent the appropriate unit of individual providers that at least 500 individual providers support such representation, the commissioner of human services shall provide to such organization within seven days the most recent list of individual providers compiled under section 256B.0711, subdivision 11, paragraph (g), and subsequent monthly lists upon request for an additional three months.

 

Subd. 10.Representation and election.Beginning August 1, 2013, any employee organization wishing to represent the appropriate unit of individual providers may seek exclusive representative status pursuant to section 179A.12.Representation elections for individual providers shall be conducted by mail ballot, and such election shall be conducted upon an appropriate petition stating that at least ten percent of the unit wishes to be represented by the petitioner.The individual providers eligible to vote in any such election shall be those individual providers on the monthly list of individual providers compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding the filing of the election petition.Except as otherwise provided, elections under this section shall be conducted in accordance with section 179A.12.

 

Subd. 11.Fee collection prior to agreement ratification.Any fees otherwise required under section 179A.06, subdivision 3, shall not commence prior to the ratification of an agreement under section 179A.22.This subdivision does not limit the availability of voluntary dues check off under section 179A.06, subdivision 6.

 

Subd. 12.Exemption; federal law.In affording individual providers the right to engage in collective action, select a representative, and jointly engage in discussions with the state under the terms of this section, the state intends that the "state action" exemption from federal antitrust laws be fully available to the state, based on the state's active supervision of individual providers to improve the quality, accessibility, and affordability of direct support services in the state.

 

Sec. 2.[256B.0711] QUALITY SELF-DIRECTED SERVICES WORKFORCE.

 

Subdivision 1.Definitions.(a) For purposes of this section:

 

(b) "Commissioner" means the commissioner of human services unless otherwise indicated.

 

(c) "Covered program" means a program to provide direct support services funded in whole or in part by the state of Minnesota, including the Community First Services and Supports program; Consumer Directed Community Supports services and extended state plan personal care assistance services available under programs established pursuant to home and community-based service waivers authorized under section 1915(c) of the Social Security Act and Minnesota Statutes including, but not limited to, sections 256B.0915 and 256B.49, and under the alternative


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care program, as offered pursuant to section 256B.0913, all as modified by subdivision 9; the personal care assistance choice program, as established pursuant to section 256B.0659, subdivisions 18 to 20, and modified by this section; and any similar program that may provide such services.

 

(d) "Direct support services" means personal care assistance services covered by medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b), and instrumental activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (i); and other similar, in-home, nonprofessional long-term services and supports provided to an elderly person or person with a disability to meet such person's daily living needs and ensure that such person may adequately function in his or her home and have safe access to the community.

 

(e) "Individual provider" means an individual selected by and working under the direction of a participant in a covered program, or a participant's representative, to provide direct support services to the participant, and does not include an individual from an employee workforce assembled, directed, and controlled by a provider agency.

 

(f) "Participant" means a person who receives direct support services through a covered program.

 

(g) "Participant's representative" means a participant's legal guardian or an individual having the authority and responsibility to act on behalf of a participant with respect to the provision of direct support services through a covered program.

 

Subd. 2.Quality Self-Directed Services Workforce Council established.There is established the Quality Self-Directed Services Workforce Council to ensure the quality and availability of individual providers to be selected by and work under the direction of participants to provide direct support services.

 

Subd. 3.Membership.The council shall have 11 members and shall be composed of the commissioner of human services or the commissioner's designee, who shall serve as chair, and the following members, who shall be appointed by the governor:

 

(1) six current or former recipients of direct support services;

 

(2) one legal guardian or legal representative of a current or former recipient of direct support services; and

 

(3) one member of the State Council on Disability under section 256.482, one member of the Governor's Council on Developmental Disabilities, and one member of the Minnesota Board on Aging under section 256.975.

 

Subd. 4.Appointments; membership terms; compensation; removal; vacancies.All appointments to the council and filling of vacancies shall be made as provided in section 15.0597.Membership terms, compensation, and removal of members are as provided in section 15.059.

 

Subd. 5.Quorum.A majority of the members appointed and serving shall constitute a quorum for the transaction of any business.

 

Subd. 6.Initial appointments.The governor shall make all initial appointments to the council by July 1, 2013.The governor shall designate five members whose terms will expire on the first Monday in January 2017, and five members whose terms will expire on the first Monday in January 2019.

 

Subd. 7.First meeting.The commissioner shall convene the first meeting by September 1, 2013.


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Subd. 8.Duties of council.The council, in consultation with the commissioner, has the following ongoing advisory duties and responsibilities relating to ensuring the quality, stability, and availability of the individual provider workforce:

 

(1) assess the size, quality, and stability of the individual provider workforce in Minnesota and the ability of the existing workforce to meet the growing and changing needs of both elderly participants and participants with disabilities;

 

(2) assess and propose strategies to identify, recruit, and retain prospective individual providers to be available for employment by participants or participants' representatives;

 

(3) advise the commissioner regarding the development of orientation programs, training and educational opportunities, and the maintenance of one or more public registries as described in subdivision 11;

 

(4) advise the commissioner and other relevant state agencies in assessing existing mechanisms for preventing abuse and neglect of participants and recommending improvements to those protections;

 

(5) advise the commissioner in determining standards for compensation, including benefits, and other conditions of employment for individual providers sufficient to attract and maintain a qualified workforce; and

 

(6) otherwise advise and advocate regarding appropriate means of expanding access to quality, self-directed direct support services.

 

Subd. 9.Operation of covered programs.All covered programs shall operate consistent with this section, including by providing such services through individual providers as defined in subdivision 1, paragraph (e), notwithstanding any inconsistent provisions of section 256B.04, subdivision 16, or 256B.0659.

 

Subd. 10.Use of agency workforce.This requirement shall not restrict the state's ability to offer to those participants who choose not to self-direct a direct support worker or are unable to do so the alternative of receiving similar services from the employee workforce assembled, directed, and controlled by a provider agency.

 

Subd. 11.Duties of the Department of Human Services.(a) The commissioner shall afford to all participants within a covered program the option of employing an individual provider to provide direct support services.

 

(b) The commissioner shall ensure that all employment of individual providers is in conformity with this section.

 

(c) The commissioner shall, in consultation with the council:

 

(1) establish compensation rates, payment terms and practices, and any benefit terms for all individual providers;

 

(2) provide for required orientation programs for all newly hired individual providers regarding their employment within the covered programs through which they provide services;

 

(3) provide for relevant training and educational opportunities for individual providers, as well as for participants and participants' representatives who receive services from individual providers, including opportunities for individual providers to obtain certification documenting additional training and experience in areas of specialization;

 

(4) provide for the maintenance of one or more public registries to:

 

(i) provide routine, emergency, and respite referrals of qualified individual providers to participants and participants' representatives;


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(ii) enable participants and participants' representatives to gain improved access to, and choice among, prospective individual providers, including by having access to information about individual providers' training, educational background, work experience, and availability for hire; and

 

(iii) provide for appropriate employment opportunities for individual providers and a means by which they may more easily remain available to provide services to participants within covered programs; and

 

(5) establish other appropriate terms and conditions of employment governing the workforce of individual providers.

 

(d) The commissioner shall ensure that appropriate background studies under chapter 245C are performed on all individual providers included on any registry as described in paragraph (c), clause (4).

 

(e) The commissioner's authority regarding issues specified in section 179A.54, subdivision 3, is subject to the state's obligations to meet and negotiate with an exclusive representative over those issues, and is subject to any agreements entered into covering issues specified in section 179A.54, subdivision 3.

 

(f) The commissioner shall cooperate in the implementation of this act with the commissioner of management and budget in the same manner as would be required of an appointing authority under section 179A.22 with respect to any negotiations between the executive branch of the state and the exclusive representative of individual providers, as authorized under sections 179A.22 and 179A.54, regarding issues specified in section 179A.54, subdivision 3.Any entity, including financial management entities, contracting with the state to provide support to participants or participants' representatives with regard to the employment of individual providers, shall assist and cooperate with the council and commissioner of human services in the operations of this section, including with respect to the commissioner's compiling and maintaining the list of individual providers required under paragraph (g).

 

(g) The commissioner shall, no later than July 1, 2013, and then monthly thereafter, compile and maintain a list of the names and addresses of all individual providers who have been paid for providing direct support services to participants within the previous six months.The list shall not include the name of any participant or indicate that an individual provider is a relative of a participant or has the same address as a participant.The commissioner shall share the lists with the Quality Self-Directed Services Workforce Council and with others as needed for the state to meet its obligations under chapter 179A as modified and made applicable to individual providers under section 179A.54, and to facilitate the representational processes under section 179A.54, subdivisions 9 and 10.

 

(h) The commissioner shall immediately commence all necessary steps to ensure that services offered under all covered programs are offered in conformity with this section to complete any required modifications to currently operating covered programs by September 1, 2013.

 

Sec. 3.SEVERABILITY.

 

Should any part of this act be declared invalid or unenforceable, or the enforcement or compliance with it is suspended, restrained, or barred, either by the state or by the final judgment of a court of competent jurisdiction, the remainder of this act shall remain in full force and effect.

 

Sec. 4.EFFECTIVE DATE.

 

This act is effective the day following final enactment."


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Delete the title and insert:

 

"A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers and individual providers of direct support services; creating a Quality Self-Directed Services Workforce; proposing coding for new law in Minnesota Statutes, chapters 179A; 256B."

 

 

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

 

††††† The report was adopted.

 

 

Hortman from the Committee on Energy Policy to which was referred:

 

H. F. No. 956, A bill for an act relating to energy; cogeneration and small power production; modifying provisions governing net metered systems and aggregation of meters; prohibiting limits on cumulative generation; authorizing rulemaking; establishing a solar electricity standard; clarifying the repayment period for the energy improvements program; amending Minnesota Statutes 2012, sections 216B.02, subdivision 4; 216B.164, subdivisions 3, 4, 6, by adding subdivisions; 216C.436, subdivisions 7, 8; proposing coding for new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 2012, section 216B.164, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.Minnesota Statutes 2012, section 16C.144, subdivision 2, is amended to read:

 

Subd. 2.Guaranteed energy-savings agreement.The commissioner may enter into a guaranteed energy-savings agreement with a qualified provider if:

 

(1) the qualified provider is selected through a competitive process in accordance with the guaranteed energy-savings program guidelines within the Department of Administration;

 

(2) the qualified provider agrees to submit an engineering report prior to the execution of the guaranteed energy-savings agreement.The cost of the engineering report may be considered as part of the implementation costs if the commissioner enters into a guaranteed energy-savings agreement with the provider;

 

(3) the term of the guaranteed energy-savings agreement shall not exceed 15 25 years from the date of final installation;

 

(4) the commissioner finds that the amount it would spend on the utility cost-savings measures recommended in the engineering report will not exceed the amount to be saved in utility operation and maintenance costs over 15 25 years from the date of implementation of utility cost-savings measures;

 

(5) the qualified provider provides a written guarantee that the annual utility, operation, and maintenance cost savings during the term of the guaranteed energy-savings agreement will meet or exceed the annual payments due under a lease purchase agreement.The qualified provider shall reimburse the state for any shortfall of guaranteed utility, operation, and maintenance cost savings; and

 

(6) the qualified provider gives a sufficient bond in accordance with section 574.26 to the commissioner for the faithful implementation and installation of the utility cost-savings measures.


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Sec. 2.Minnesota Statutes 2012, section 116C.779, subdivision 3, is amended to read:

 

Subd. 3.Initiative for Renewable Energy and the Environment.(a) Notwithstanding subdivision 1, paragraph (g), beginning July 1, 2009, and each July 1 through 2011 2014, $5,000,000 must be allocated from the renewable development account to fund a grant to the Board of Regents of the University of Minnesota for the Initiative for Renewable Energy and the Environment for the purposes described in paragraph (b).The Initiative for Renewable Energy and the Environment must set aside at least 15 percent of the funds received annually under the grant for qualified projects conducted at a rural campus or experiment station.Any set-aside funds not awarded to a rural campus or experiment station at the end of the fiscal year revert back to the Initiative for Renewable Energy and the Environment for its exclusive use.This subdivision does not create an obligation to contribute funds to the account.

 

(b) Activities funded under this grant may include, but are not limited to:

 

(1) environmentally sound production of energy from a renewable energy source, including biomass and agricultural crops;

 

(2) environmentally sound production of hydrogen from biomass and any other renewable energy source for energy storage and energy utilization;

 

(3) development of energy conservation and efficient energy utilization technologies;

 

(4) energy storage technologies; and

 

(5) analysis of policy options to facilitate adoption of technologies that use or produce low-carbon renewable energy.

 

(c) For the purposes of this subdivision:

 

(1) "biomass" means plant and animal material, agricultural and forest residues, mixed municipal solid waste, and sludge from wastewater treatment; and

 

(2) "renewable energy source" means hydro, wind, solar, biomass, and geothermal energy, and microorganisms used as an energy source.

 

(d) Beginning January 15 of 2010, and each year thereafter, the director of the Initiative for Renewable Energy and the Environment at the University of Minnesota shall submit a report to the chair and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy finance describing the activities conducted during the previous year funded under this subdivision.

 

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

 

Sec. 3.Minnesota Statutes 2012, section 216B.02, subdivision 4, is amended to read:

 

Subd. 4.Public utility."Public utility" means persons, corporations, or other legal entities, their lessees, trustees, and receivers, now or hereafter operating, maintaining, or controlling in this state equipment or facilities for furnishing at retail natural, manufactured, or mixed gas or electric service to or for the public or engaged in the production and retail sale thereof but does not include (1) a municipality or a cooperative electric association, organized under the provisions of chapter 308A, producing or furnishing natural, manufactured, or mixed gas or electric service; (2) a retail seller of compressed natural gas used as a vehicular fuel which purchases the gas from a public utility; or (3) a retail seller of electricity used to recharge a battery that powers an electric vehicle, as defined in section 169.011, subdivision 26a, and that is not otherwise a public utility under this chapter.Except as otherwise provided, the provisions of this chapter shall not be applicable to any sale of natural, manufactured, or mixed gas or


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electricity by a public utility to another public utility for resale.In addition, the provisions of this chapter shall not apply to a public utility whose total natural gas business consists of supplying natural, manufactured, or mixed gas to not more than 650 customers within a city pursuant to a franchise granted by the city, provided a resolution of the city council requesting exemption from regulation is filed with the commission.The city council may rescind the resolution requesting exemption at any time, and, upon the filing of the rescinding resolution with the commission, the provisions of this chapter shall apply to the public utility.No person shall be deemed to be a public utility if it furnishes its services only to tenants or cooperative or condominium owners in buildings owned, leased, or operated by such person.No person shall be deemed to be a public utility if it furnishes service to occupants of a manufactured home or trailer park owned, leased, or operated by such person.No person shall be deemed to be a public utility if it produces or furnishes service to less than 25 persons.No person shall be deemed to be a public utility solely as a result of the person furnishing consumers with electricity or heat generated from wind or solar generating equipment located on the consumer's property, provided the equipment is owned or operated by an entity other than the consumer.

 

Sec. 4.Minnesota Statutes 2012, section 216B.03, is amended to read:

 

216B.03 REASONABLE RATE.

 

Every rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable.Rates shall not be unreasonably preferential, unreasonably prejudicial, or discriminatory, but shall be sufficient, equitable, and consistent in application to a class of consumers.To the maximum reasonable extent, the commission shall set rates to encourage energy conservation and renewable energy use and to further the goals of sections 216B.164, 216B.241, and 216C.05, and 216C.412.Any doubt as to reasonableness should be resolved in favor of the consumer.For rate-making purposes a public utility may treat two or more municipalities served by it as a single class wherever the populations are comparable in size or the conditions of service are similar.

 

Sec. 5.Minnesota Statutes 2012, section 216B.16, is amended by adding a subdivision to read:

 

Subd. 6e.Solar energy production incentive.(a) Except as otherwise provided in this subdivision, all assessments authorized by section 216C.412 incurred in connection with the solar energy production incentive shall be recognized and included by the commission in the determination of just and reasonable rates as if the expenses were directly made or incurred by the utility in furnishing utility service.

 

(b) The commission shall not include expenses for the solar energy production incentive in determining just and reasonable electric rates for retail electric service provided to customers receiving the low-income electric rate discount authorized by subdivision 14.

 

Sec. 6.Minnesota Statutes 2012, section 216B.16, subdivision 7b, is amended to read:

 

Subd. 7b.Transmission cost adjustment.(a) Notwithstanding any other provision of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the Minnesota jurisdictional costs of (i) new transmission facilities that have been separately filed and reviewed and approved by the commission under section 216B.243 or are certified as a priority project or deemed to be a priority transmission project under section 216B.2425; and (ii) new transmission facilities proposed to be constructed by a utility, or an affiliate operating an integrated system with the utility, approved by the regulatory commission of the state in which the new transmission facilities are to be constructed to the extent approval is required by the laws of that state, and determined by the Midwest Independent Transmission System Operator to benefit the utility or integrated utility transmission system; (iii) charges incurred by a utility that accrue from other transmission owners' regionally planned transmission projects that have been determined by the Midwest Independent Transmission System Operator to benefit the utility or integrated system, as provided for under a federally approved tariff.


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(b) Upon filing by a public utility or utilities providing transmission service, the commission may approve, reject, or modify, after notice and comment, a tariff that:

 

(1) allows the utility to recover on a timely basis the costs net of revenues of facilities approved under section 216B.243 or certified or deemed to be certified under section 216B.2425 or exempt from the requirements of section 216B.243;

 

(2) allows the charges incurred by a utility that accrue from other transmission owners' regionally planned transmission projects that have been determined by the Midwest Independent Transmission System Operator to benefit the utility or integrated system, as provided for under a federally approved tariff.These charges must be reduced or offset by revenues received by the utility and by amounts the utility charges to other regional transmission owners, to the extent those revenues and charges have not been otherwise offset;

 

(3) allows the utility to recover on a timely basis the costs net of revenues of facilities approved by the regulatory commission of the state in which the new transmission facilities are to be constructed and determined by the Midwest Independent Transmission System Operator to benefit the utility or integrated transmission system;

 

(4) allows a return on investment at the level approved in the utility's last general rate case, unless a different return is found to be consistent with the public interest;

 

(4) (5) provides a current return on construction work in progress, provided that recovery from Minnesota retail customers for the allowance for funds used during construction is not sought through any other mechanism;

 

(5) (6) allows for recovery of other expenses if shown to promote a least-cost project option or is otherwise in the public interest;

 

(6) (7) allocates project costs appropriately between wholesale and retail customers;

 

(7) (8) provides a mechanism for recovery above cost, if necessary to improve the overall economics of the project or projects or is otherwise in the public interest; and

 

(8) (9) terminates recovery once costs have been fully recovered or have otherwise been reflected in the utility's general rates.

 

(c) A public utility may file annual rate adjustments to be applied to customer bills paid under the tariff approved in paragraph (b).In its filing, the public utility shall provide:

 

(1) a description of and context for the facilities included for recovery;

 

(2) a schedule for implementation of applicable projects;

 

(3) the utility's costs for these projects;

 

(4) a description of the utility's efforts to ensure the lowest costs to ratepayers for the project; and

 

(5) calculations to establish that the rate adjustment is consistent with the terms of the tariff established in paragraph (b).

 

(d) Upon receiving a filing for a rate adjustment pursuant to the tariff established in paragraph (b), the commission shall approve the annual rate adjustments provided that, after notice and comment, the costs included for recovery through the tariff were or are expected to be prudently incurred and achieve transmission system improvements at the lowest feasible and prudent cost to ratepayers.


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Sec. 7.Minnesota Statutes 2012, section 216B.1611, is amended to read:

 

216B.1611 INTERCONNECTION OF ON-SITE DISTRIBUTED GENERATION.

 

Subdivision 1.Purpose.The purpose of this section is to:

 

(1) establish the terms and conditions that govern the interconnection and parallel operation of on-site distributed generation resources interconnected with a public utility's distribution system;

 

(2) provide cost savings and reliability benefits to customers;