Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4503

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

FIFTY-SEVENTH DAY

 

Saint Paul, Minnesota, Wednesday, May 15, 2013

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.

 

      Prayer was offered by the Reverend Sarah Campbell, Mayflower Church, United Church of Christ, Minneapolis, 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:

 


Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Myhra

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

Slocum

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.

 

      Nelson was excused until 11:10 a.m.  Abeler was excused until 11:30 a.m.  Mullery was excused until 12:00 noon.  Anderson, P., was excused until 8:00 p.m.

 

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


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4504

REPORTS OF CHIEF CLERK

 

      S. F. No. 561 and H. F. No. 644, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Atkins moved that the rules be so far suspended that S. F. No. 561 be substituted for H. F. No. 644 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1214, A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a, 19a, 23; 168A.153, subdivision 3; 325E.21, subdivisions 1, 1a, 3, 6, 8, 9, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 168.27, subdivision 1a, is amended to read:

 

Subd. 1a.  Dealer license categories.  (a) No person shall engage in the business of selling new motor vehicles or shall offer to sell, solicit, deliver, or advertise the sale of new motor vehicles without first acquiring a new motor vehicle dealer license.

 

(b) No person shall engage in the business of selling used motor vehicles or shall offer to sell, solicit, deliver, or advertise the sale of used motor vehicles without first acquiring a used motor vehicle dealer license.

 

(c) No person shall engage in the business of buying or otherwise acquiring vehicles other than hulks; or offering to buy or otherwise acquire, or soliciting or advertising the buying or acquiring of, vehicles other than hulks for processing and selling the metal for remelting without first acquiring a scrap metal processor license.

 

For purposes of this paragraph, a "hulk" is a motor vehicle that is incapable, under its own power, of moving and is incapable of transporting persons or property and has had valuable used parts removed.  Its sole value is its metallic content.

 

(d) No person shall be primarily engaged in the business of buying or otherwise acquiring vehicles for the purpose of dismantling the vehicles and selling used parts and the remaining scrap metals without first acquiring a used vehicle parts dealer license.

 

(e) No person shall engage in the business of storing and displaying, offering to store or display, or soliciting or advertising the storing or displaying, for sale, of damaged or junked vehicles as an agent or escrow agent of an insurance company without first acquiring a vehicle salvage pool license.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4505

(f) No person shall engage in the business of leasing motor vehicles or shall offer to lease, solicit or advertise to lease motor vehicles without first acquiring a motor vehicle lessor license.

 

(g) No person shall engage in the business of wholesaling motor vehicles to dealers for resale or shall offer to sell, solicit or advertise the sale of motor vehicles to dealers for resale without first acquiring a motor vehicle wholesaler license.

 

(h) No person shall engage in the business of auctioning motor vehicles for more than one owner at an auction or shall offer to sell, solicit or advertise the sale of motor vehicles at auction without first acquiring a motor vehicle auctioneer license.

 

(i) No person shall engage in the business of brokering motor vehicles without first acquiring a motor vehicle broker's license.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 2.  Minnesota Statutes 2012, section 168.27, subdivision 19a, is amended to read:

 

Subd. 19a.  Injunction.  (a) The commissioner in the name of the state or a county attorney in the name of a county may institute a civil action in the name of the state in district court for an injunction prohibiting a violation of this section, and for civil penalties not to exceed $1,000 for each violation of, subdivision 2, 3, 3a, 4, 5a, 6, 7, or 7a, or section 168A.1501, 168A.153, or 325E.21.  Filing fees for bringing an action under this section are waived.  The court,

 

(b) Upon proper proof a finding that a preponderance of evidence demonstrates that the defendant has engaged in a practice prohibited by this section violated subdivision 2, 3, 3a, 4, 5a, 6, 7, or 7a, or section 168A.1501, 168A.153, or 325E.21, the court may enjoin the future commission of that practice and award civil penalties for violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a violations and may award civil penalties as authorized by this subdivision.  It is not a defense to an action that the state plaintiff may have adequate remedies at law or that the plaintiff has not shown irreparable harm.  Service of process must be as in any other civil suit, except that where a defendant in the action is a natural person or firm residing outside the state, or is a foreign corporation, service of process may also be made by personal service outside the state; in the manner provided by section 5.25; or as the court may direct.  Process is valid if it satisfies the requirements of due process of law, whether or not the defendant is doing business in Minnesota regularly or habitually.  Nothing in this subdivision limits the rights or remedies otherwise available to persons under common law or other statutes of this state.

 

(c) In determining the civil penalty amount and whether to order injunctive relief under paragraph (b), the court shall consider:

 

(1) the number of current violations;

 

(2) the gravity of the current violations, including but not limited to the harm caused by the violations;

 

(3) the culpability of the defendant as established by evidence of intent, willfulness, or negligence;

 

(4) the economic benefit, if any, gained by the person allowing or committing the current violations;

 

(5) the history of past violations, including the similarity of previous violations and the current violation, the time elapsed since previous violations, the number of previous violations, and the response of the person to previous violations; and

 

(6) any other factors as justice may require.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4506

(d) If a court grants injunctive relief under paragraph (b), the court shall consider the factors in paragraph (c) in determining the requirements to include in an injunction.  A court issuing an injunction under this section shall have the discretion to fashion an injunction that is reasonably intended to prevent a violator from committing future violations.  Such authority shall include, but is not limited to, issuing an order for a period of 12 months which:

 

(1) requires a defendant to wait up to 15 days before scrapping, dismantling, selling, or otherwise disposing of any vehicle that the defendant has acquired without first having received proof of ownership in compliance with section 168A.1501, subdivision 7, 8, or 9; or

 

(2) prohibits a defendant from acquiring, scrapping, dismantling, selling, or otherwise disposing of any vehicle without first having received proof of ownership in compliance with section 168A.1501, subdivision 7, 8, or 9.

 

(e) A court issuing an injunction under this section shall not require the posting of any bond or other security.

 

(f) In an action brought under this section by a county attorney, all civil penalties collected under this section shall be deposited into the general fund of the county.  In an action brought under this section by the attorney general or the commissioner, all civil penalties collected shall be deposited into the general fund of the state.

 

(g) Nothing in this subdivision limits the rights or remedies which are otherwise available to a person under common law or other statutes of this state.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 3.  Minnesota Statutes 2012, section 168.27, subdivision 23, is amended to read:

 

Subd. 23.  Registrar may file charges County or city attorney to prosecute.  The registrar or the registrar's appointed inspectors may file charges with the city or county attorney may file charges against any licensee person who violates any of the provisions of this section or section 168A.1501 or 325E.21, including but not limited to, the grounds for suspension or revocation set out in subdivision 12.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 4.  Minnesota Statutes 2012, section 168A.15, subdivision 3, is amended to read:

 

Subd. 3.  Title; scrapped, dismantled, or destroyed vehicle.  An owner who scraps, dismantles, or destroys a vehicle, or A person dealer who purchases a vehicle as scrap or to be dismantled or destroyed, shall immediately have the certificate of title mailed or delivered to the department for cancellation maintain the certificate of title on the vehicle for three years before destroying the title as prescribed by the commissioner.  A certificate of title for the vehicle shall not again be issued.

 

Sec. 5.  [168A.1501] SCRAPPED, DISMANTLED, OR DESTROYED VEHICLE.

 

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

 

(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal law enforcement agency.

 

(c) "Person" means an individual, partnership, limited partnership, limited liability company, corporation, or other entity.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4507

(d) "Scrap vehicle" means a motor vehicle purchased primarily as scrap, for its reuse or recycling value as raw metal, or for dismantling for parts.

 

(e) "Scrap vehicle operator" or "operator" means the following persons who engage in a transaction involving the purchase or acquisition of a scrap vehicle:  scrap metal processors licensed under section 168.27, subdivision 1a, paragraph (c); used vehicle parts dealers licensed under section 168.27, subdivision 1a, paragraph (d); scrap metal dealers under section 325E.21; and junk yards under section 471.925.

 

(f) "Interchange file specification format" means the most recent version of the Minneapolis automated property system interchange file specification format.

 

(g) "Motor vehicle" has the meaning given in section 169.011, subdivision 42.

 

(h) "Proof of identification" means a driver's license, Minnesota identification card number, or other identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature.

 

(i) "Seller" means any seller, prospective seller, or agent of the seller.

 

Subd. 2.  Purchase or acquisition record required.  (a) Every scrap vehicle operator, including an agent, employee, or representative of the operator, shall create a permanent record written in English, using ink or an electronic record program, as appropriate, at the time of each purchase or acquisition of a scrap vehicle.  The record must include:

 

(1) the vehicle identification number; license plate number, if any, including state of issue and month and year of validation; and vehicle make, model, and color;

 

(2) the date, time, and place of the receipt of the vehicle purchased or acquired and a unique transaction identifier;

 

(3) a photocopy or electronic scan of the seller's proof of identification including the identification number;

 

(4) the amount paid and the number of the check or electronic transfer used to purchase the vehicle;

 

(5) the license plate number and description of the vehicle used by the person when delivering the scrap vehicle, including the vehicle make and model, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;

 

(6) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the scrap vehicle is not stolen and is free of any liens or encumbrances and the seller has the right to sell it;

 

(7) a copy of the title, if any, provided by the seller of a motor vehicle or, if no title is provided, documentation required under (i) subdivision 8, clause (3), item (i), or (ii) subdivision 9, paragraph (a), clause (3), item (i); and

 

(8) a copy of the receipt, which must include at least the following information:  the name and address of the operator; the date and time the scrap vehicle was received by the operator; an accurate description of the scrap vehicle; and the amount paid for the scrap vehicle.

 

(b) The record, as well as the scrap vehicle purchased or received, shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4508

(c) No record is required for property purchased from manufacturers, salvage pools, merchants operating under a contract with a scrap vehicle operator, insurance companies, rental car companies, financial institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a receipt as required under paragraph (a), clause (8), shall be obtained and kept by the person, which must be shown upon demand to any properly identified law enforcement officer.

 

(d) The operator must provide a copy of the receipt required under paragraph (a), clause (8), to the seller in every transaction.

 

(e) Law enforcement agencies in the jurisdiction where an operator is located may conduct regular and routine inspections to ensure compliance, refer violations to the city or county attorney for criminal prosecution, and notify the registrar of motor vehicles. 

 

(f) Except as otherwise provided in this section, a scrap vehicle operator or the operator's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is required by law or made in response to a request from a law enforcement agency.  A scrap vehicle operator must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information.  For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).

 

Subd. 3.  Retention required.  Records required to be maintained by subdivision 2 shall be retained by the scrap vehicle operator for a period of three years, and a dealer licensed under section 168.27 shall maintain records and information as required under section 168A.11, subdivision 3.

 

Subd. 4.  Payment by check or electronic transfer required.  (a) Except as provided in paragraph (b), a scrap vehicle operator or the operator's agent, employee, or representative shall pay for all scrap vehicle purchases only by check or electronic transfer.

 

(b) For purchase of a scrap vehicle without a title, payment shall be made only by check or by electronic transfer of funds to a bank account.  Checks shall be payable only to the individual providing proof of identification at the time of purchase.  The operator shall retain a record of the mailing address or unique transaction identifier for a period of three years and such information shall at all reasonable times be open for inspection by a properly identified law enforcement officer.

 

(c) This subdivision does not apply to transactions under subdivision 2, paragraph (c).

 

Subd. 5.  Automated property system.  (a) A scrap vehicle operator must completely and accurately provide all the record information required in subdivision 2 by transferring it from the operator's computer to the automated property system, by the close of business each day, using the interchange file specification format.

 

(b) An operator who does not have an electronic point-of-sale program may request to be provided software by the automated property system to record the required information.  If the operator uses a commercially available electronic point-of-sale program to record the information required in this section, it must submit the information using the interchange file specification format.  Any record submitted by an operator that does not conform to the interchange file specification format must be corrected and resubmitted the next business day.  No fees may be charged to an operator for use of the automated property system until such time as the legislature enacts a fee schedule.

 

(c) An operator must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that transactions are reported to law enforcement daily.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4509

(d) Every local law enforcement agency shall participate in the automated property system as an individual agency or in conjunction with another agency or agencies to provide the service.

 

(e) This subdivision does not apply to the purchase of a scrap vehicle by a used vehicle parts dealer licensed under section 168.27, for dismantling the vehicle for its parts.

 

Subd. 6.  Additional reporting.  In addition to the requirements under subdivision 5 if applicable, the following entities must submit information on the purchase or acquisition of a scrap vehicle to the National Motor Vehicle Title Information System, established pursuant to United States Code, title 49, section 30502, by the close of business the following day:

 

(1) an operator who is not licensed under section 168.27; and

 

(2) an operator who purchases a scrap vehicle under subdivision 9.

 

Subd. 7.  Vehicle with proof of ownership; title or bill of sale required.  Except as provided in subdivisions 8, 9, and 10, no person shall purchase a scrap vehicle unless the seller:

 

(1) provides the vehicle title and lien releases, if the vehicle is subject to any liens, or an official bill of sale issued by a public impound lot, each listing the vehicle identification number;

 

(2) provides proof of identification; and

 

(3) signs a statement, under penalty of perjury as provided in section 609.48, attesting that the motor vehicle is not stolen and is free of any liens or encumbrances and that the seller has the right to sell the motor vehicle.

 

Subd. 8.  Vehicle without proof of ownership; certain older vehicles.  If the provisions of subdivision 7 are not met, an operator may purchase a scrap vehicle if:

 

(1) the operator is a dealer licensed under section 168.27;

 

(2) the vehicle has a manufacturer's designated model year equal to or less than the tenth year immediately preceding the current calendar year; and

 

(3) the seller:

 

(i) provides printed documentation from the commissioner that the vehicle has not been registered for more than seven years;

 

(ii) provides proof of identification; and

 

(iii) signs a statement, under penalty of perjury as provided in section 609.48, attesting that the motor vehicle is not stolen and is free of any liens or encumbrances and that the seller has the right to sell the motor vehicle.

 

Subd. 9.  Vehicle without proof of ownership; vehicles for dismantling.  (a) If the provisions of subdivision 7 are not met, an operator may purchase a scrap vehicle if:

 

(1) the operator is a used vehicle parts dealer licensed under section 168.27;

 

(2) the vehicle is being purchased for dismantling for its parts; and


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4510

(3) the seller:

 

(i) agrees in writing to a sale with a seven-day hold period;

 

(ii) provides proof of identification; and

 

(iii) signs a statement, under penalty of perjury as provided in section 609.48, attesting that the motor vehicle is not stolen and is free of any liens or encumbrances and that the seller has the right to sell the motor vehicle.

 

(b) An operator purchasing a scrap vehicle under this subdivision shall:

 

(1) hold the vehicle for a period of seven consecutive days, excluding Saturdays, Sundays, and holidays; and

 

(2) not scrap, resell, dismantle, or in any way destroy the vehicle during the hold period under clause (1).

 

Subd. 10.  Exempt purchases.  Subdivisions 7, 8, and 9 do not apply when a scrap vehicle is:

 

(1) purchased from a manufacturer, salvage pool, merchant operating under a contract with a scrap vehicle operator, insurance company, rental car company, financial institution, charity, dealer licensed under section 168.27, or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock; or

 

(2) an inoperable motor vehicle with a manufacturer's designated model year equal to or less than the 20th year immediately preceding the current calendar year.

 

Subd. 11.  Criminal penalty.  A scrap vehicle operator, or the agent, employee, or representative of the operator, who intentionally violates a provision of this section, is guilty of a misdemeanor.

 

Subd. 12.  Investigative holds; scrap vehicle or parts.  (a) Whenever a law enforcement official from any agency has probable cause to believe that a scrap vehicle or motor vehicle parts in the possession of a scrap vehicle operator are stolen or evidence of a crime and notifies the operator not to sell the item, the scrap vehicle operator shall not (1) process or sell the item, or (2) remove or allow its removal from the premises.  This investigative hold must be confirmed in writing by the originating agency within 72 hours and will remain in effect for 30 days from the date of initial notification, or until the investigative hold is canceled or renewed, or until a law enforcement notification to confiscate or directive to release is issued, whichever comes first.

 

(b) If a scrap vehicle or motor vehicle parts are identified as stolen or evidence in a criminal case, a law enforcement official may:

 

(1) physically confiscate and remove the item from the scrap vehicle operator, pursuant to a written notification;

 

(2) place the item on hold or extend the hold under paragraph (a) and leave it on the premises; or

 

(3) direct its release to a registered owner or owner's agent.

 

When an item is confiscated, the person doing so shall provide identification upon request of the scrap vehicle operator, and shall provide the name and telephone number of the confiscating agency and investigator, and the case number related to the confiscation.

 

(c) An operator may request seized property be returned in accordance with section 626.04.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4511

(d) When an investigative hold or notification to confiscate is no longer necessary, the law enforcement official or designee shall so notify the operator.

 

(e) A scrap vehicle operator may process or otherwise dispose of the scrap vehicle or motor vehicle parts if:

 

(1) a notification to confiscate is not issued during the investigative hold; or

 

(2) a law enforcement official does not physically remove the item from the premises within 15 calendar days from issuance of a notification to confiscate.

 

(f) If a scrap vehicle operator is required to hold a scrap vehicle or motor vehicle parts at the direction of law enforcement for purposes of investigation or prosecution or it is seized by law enforcement, the operator, and any other victim, shall be entitled to seek restitution against the person who delivered the item to the scrap vehicle operator in any criminal case that may arise from the investigation, including any out-of-pocket expenses for storage and lost profit.

 

Subd. 13.  Video security cameras.  (a) Each scrap vehicle operator shall install and maintain at each location video surveillance cameras, still digital cameras, or similar devices positioned to record or photograph a frontal view showing a clear and readily identifiable image of the face of each seller of a scrap vehicle who enters the location.  The scrap vehicle operator shall also photograph the seller's vehicle, including license plate, either by video camera or still digital camera, so that an accurate and complete description of it may be obtained from the recordings made by the cameras.  Photographs and recordings must be clearly and accurately associated with their respective records.

 

(b) The video camera or still digital camera must be kept in operating condition and must be shown upon request to a properly identified law enforcement officer for inspection.  The camera must record and display the accurate date and time.  The video camera must be turned on at all times when the location is open for business and at any other time when a scrap vehicle is purchased.

 

(c) Recordings and images required by paragraph (a) shall be retained by the scrap vehicle operator for a minimum period of 60 days and shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.

 

(d) If the scrap vehicle operator does not purchase some or any scrap vehicles at a specific business location, the operator need not comply with this subdivision with respect to those purchases.

 

(e) This subdivision does not apply to the purchase of a scrap vehicle by a used vehicle parts dealer licensed under section 168.27, for dismantling the vehicle for its parts.

 

Subd. 14.  Preemption of local ordinances.  This section preempts and supersedes any local ordinance or rule concerning the same subject matter.

 

EFFECTIVE DATE.  Subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 14 are effective August 1, 2013.  Subdivision 13 is effective January 1, 2014.  Subdivision 5 is effective January 1, 2015.

 

Sec. 6.  Minnesota Statutes 2012, section 168A.153, subdivision 1, is amended to read:

 

Subdivision 1.  Older model Dismantled or destroyed vehicle.  A dealer who buys an older model a vehicle to be dismantled or destroyed shall report to the department within 30 ten days including the vehicle's license plate number and identification number, and the seller's name and driver's license number.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4512

Sec. 7.  Minnesota Statutes 2012, section 168A.153, subdivision 3, is amended to read:

 

Subd. 3.  Notification on vehicle to be dismantled or destroyed; service fee.  Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the vehicle to be dismantled or destroyed.  The notification under subdivision 1 must be made electronically as prescribed by the registrar.  The dealer may contract this service to a deputy registrar and the registrar may charge a fee not to exceed $7 per transaction to provide this service.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 8.  Minnesota Statutes 2012, section 325E.21, subdivision 1, is amended to read:

 

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

 

(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal law enforcement agency.

 

(c) "Person" means an individual, partnership, limited partnership, limited liability company, corporation, or other entity.

 

(d) "Scrap metal" means:

 

(1) wire and cable commonly and customarily used by communication and electric utilities; and

 

(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling value as raw metal, including metal that is combined with other materials at the time of purchase, but does not include a scrap vehicle as defined in section 168A.1501, subdivision 1.

 

(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying or selling scrap metal, or both, but does.

 

The terms do not include a person engaged exclusively in the business of buying or selling new or used motor vehicles or motor vehicle parts, paper or wood products, rags or furniture, or secondhand machinery.

 

(f) "Interchange file specification format" means the most recent version of the Minneapolis automated property system interchange file specification format.

 

(g) "Seller" means any seller, prospective seller, or agent of the seller.

 

(h) "Proof of identification" means a driver's license, Minnesota identification card number, or other identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 9.  Minnesota Statutes 2012, section 325E.21, subdivision 1a, is amended to read:

 

Subd. 1a.  Purchase or acquisition record required.  (a) Every scrap metal dealer, including an agent, employee, or representative of the dealer, shall keep a written record at the time of each purchase or acquisition of scrap metal.  The record must include:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4513

(1) an accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired;

 

(2) the date, time, and place of the receipt of the scrap metal purchased or acquired;

 

(3) the name and address of the person selling or delivering the scrap metal;

 

(4) the number of the check or electronic transfer used to purchase the scrap metal;

 

(5) the number of the seller's or deliverer's driver's license, Minnesota identification card number, or other identification document number of an identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature; and

 

(6) the license plate number and description of the vehicle used by the person when delivering the scrap metal, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable; and

 

(7) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the scrap metal is not stolen and is free of any liens or encumbrances and the seller has the right to sell it.

 

(b) The record, as well as the scrap metal purchased or received, shall at all reasonable times be open to the inspection of any law enforcement agency.

 

(c) No record is required for property purchased from merchants, manufacturers or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of the property shall be obtained and kept by the person, which must be shown upon demand to any law enforcement agency.

 

(d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is made in response to a request from a law enforcement agency.  A scrap metal dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information.  For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).

 

(e) This subdivision expires January 1, 2015.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 10.  Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:

 

Subd. 1b.  Purchase or acquisition record required.  (a) Every scrap metal dealer, including an agent, employee, or representative of the dealer, shall create a permanent record written in English, using an electronic record program at the time of each purchase or acquisition of scrap metal.  The record must include:

 

(1) a complete and accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired;

 

(2) the date, time, and place of the receipt of the scrap metal purchased or acquired and a unique transaction identifier;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4514

(3) a photocopy or electronic scan of the seller's proof of identification including the identification number;

 

(4) the amount paid and the number of the check or electronic transfer used to purchase the scrap metal;

 

(5) the license plate number and description of the vehicle used by the person when delivering the scrap metal, including the vehicle make and model, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;

 

(6) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the scrap metal is not stolen and is free of any liens or encumbrances and the seller has the right to sell it; and

 

(7) a copy of the receipt, which must include at least the following information:  the name and address of the dealer, the date and time the scrap metal was received by the dealer, an accurate description of the scrap metal, and the amount paid for the scrap metal.

 

(b) The record, as well as the scrap metal purchased or received, shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.

 

(c) No record is required for property purchased from merchants, manufacturers, salvage pools, insurance companies, rental car companies, financial institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a receipt as required under paragraph (a), clause (7), shall be obtained and kept by the person, which must be shown upon demand to any properly identified law enforcement officer.

 

(d) The dealer must provide a copy of the receipt required under paragraph (a), clause (7), to the seller in every transaction.

 

(e) Law enforcement agencies in the jurisdiction where a dealer is located may conduct regular and routine inspections to ensure compliance, refer violations to the city or county attorney for criminal prosecution, and notify the registrar of motor vehicles. 

 

(f) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is required by law or made in response to a request from a law enforcement agency.  A scrap metal dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information.  For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).

 

EFFECTIVE DATE.  This section is effective January 1, 2015.

 

Sec. 11.  Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:

 

Subd. 1c.  Automated property system.  (a) Dealers must completely and accurately provide all the record information required in subdivision 1b by transferring it from their computer to the automated property system, by the close of business each day, using the interchange file specification format.

 

(b) A dealer who does not have an electronic point-of-sale program may request to be provided software by the automated property system to record the required information.  If the dealer uses a commercially available electronic point-of-sale program to record the information required in this section, it must submit the information using the interchange file specification format.  Any record submitted by a dealer that does not conform to the interchange file specification format must be corrected and resubmitted the next business day.  No fees may be charged to a dealer for use of the automated property system until such time as the legislature enacts a fee schedule.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4515

(c) A dealer must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that transactions are reported to law enforcement daily.

 

(d) Every local law enforcement agency shall participate in the automated property system as an individual agency or in conjunction with another agency or agencies to provide the service.

 

EFFECTIVE DATE.  This section is effective January 1, 2015.

 

Sec. 12.  Minnesota Statutes 2012, section 325E.21, subdivision 4, is amended to read:

 

Subd. 4.  Registration required.  (a) Every scrap metal dealer shall register with and participate in the criminal alert network described in section 299A.61.  The dealer shall ensure that the dealer's system for receiving incoming notices from the network is in proper working order and ready to receive incoming notices.  The dealer shall check the system for incoming notices twice each day the business is open, once upon opening and then again before closing.  The dealer shall inform all employees involved in the purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type that might be conceivably sold to the dealer.  In addition, the dealer shall post copies of the alerts in a conspicuous location.

 

(b) The scrap metal dealer shall pay to the commissioner of public safety a $50 annual fee to participate in the criminal alert network and for the educational materials described in section 299C.25.

 

(c) The commissioner shall notify the scrap metal dealer if a message sent to the dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's system.  The dealer shall take action necessary to ensure that future messages are received.

 

(d) This subdivision expires January 1, 2015.

 

Sec. 13.  Minnesota Statutes 2012, section 325E.21, subdivision 8, is amended to read:

 

Subd. 8.  Property held by law enforcement Investigative holds; confiscation of property.  (a) Whenever a law enforcement official from any agency has probable cause to believe that property in the possession of a scrap metal dealer is stolen or is evidence of a crime and notifies the dealer not to sell the item, the item may not be sold or removed the scrap metal dealer shall not (1) process or sell the item, or (2) remove or allow its removal from the premises.  This investigative hold remains must be confirmed in writing by the originating agency within 72 hours and will remain in effect for 90 30 days from the date of initial notification, or until it the investigative hold is canceled or a seizure order is issued renewed, or until a law enforcement notification to confiscate or directive to release is issued, whichever comes first.

 

(b) If an item is identified as stolen or evidence in a criminal case, the a law enforcement official may:

 

(1) physically seize confiscate and remove it from the scrap metal dealer, pursuant to a written order from the law enforcement official notification; or

 

(2) place the item on hold or extend the hold as provided in this section and leave it in the shop under paragraph (a) and leave it in the licensed premise; or

 

(3) direct its release to a registered owner or owner's agent.

 

(c) When an item is seized confiscated, the person doing so shall provide identification upon request of the scrap metal dealer, and shall provide the dealer the name and telephone number of the seizing confiscating agency and investigator, and the case number related to the seizure confiscation.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4516

(d) (c) A dealer may request seized property be returned in accordance with section 626.04.

 

(e) (d) When an order to hold or seize investigative hold or notification to confiscate is no longer necessary, the law enforcement official or designee shall so notify the dealer licensee.

 

(e) A scrap metal dealer may process or otherwise dispose of the scrap metal if:

 

(1) a notification to confiscate is not issued during the investigative hold; or

 

(2) a law enforcement official does not physically remove the motor vehicle from the premises within 15 calendar days from issuance of a notification to confiscate.

 

(f) If a scrap metal dealer is required to hold the metal at the direction of law enforcement for purposes of investigation or prosecution or it is seized by law enforcement, the scrap metal dealer, and any other victim, shall be entitled to seek restitution against the person who delivered the metal to the scrap metal dealer in any criminal case that may arise from the investigation, including any out-of-pocket expenses for storage and lost profit.

 

EFFECTIVE DATE.  This section is effective August 1, 2013.

 

Sec. 14.  Minnesota Statutes 2012, section 325E.21, subdivision 9, is amended to read:

 

Subd. 9.  Video security cameras required.  (a) Each scrap metal dealer shall install and maintain at each location video surveillance cameras, still digital cameras, or similar devices positioned to record or photograph a frontal view showing a readily identifiable image of the face of each seller or prospective seller of scrap metal who enters the location.  The scrap metal dealer shall also photograph the seller's or prospective seller's vehicle, including license plate, either by video camera or still digital camera, so that an accurate and complete description of it may be obtained from the recordings made by the cameras.  Photographs and recordings must be clearly and accurately associated with their respective records.

 

(b) The video camera or still digital camera must be kept in operating condition and must be shown upon request to a properly identified law enforcement officer for inspection.  The camera must record and display the accurate date and time.  The video camera must be turned on at all times when the location is open for business and at any other time when scrap metal is purchased.

 

(c) Recordings and images required by paragraph (a) shall be retained by the scrap metal dealer for a minimum period of 60 days and shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.

 

(b) (d) If the scrap metal dealer does not purchase some or any scrap metal at a specific business location, the dealer need not comply with this subdivision with respect to those purchases.

 

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

 

Sec. 15.  Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:

 

Subd. 10.  Preemption of local ordinances.  This section preempts and supersedes any local ordinance or rule concerning the same subject matter.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4517

Sec. 16.  AUTOMATED PROPERTY SYSTEM STANDARDS.

 

(a) The Minneapolis Police Department, in consultation with law enforcement, prosecutors, the commissioner of public safety, legislators, and representatives from each regulated industry, shall develop the following, with respect to sections 168A.1501 and 325E.21:

 

(1) by August 1, 2013, a model affidavit of the right to sell a vehicle for use by the regulated industries; and

 

(2) by August 1, 2014, standards for implementation and use of the automated property system.

 

(b) By February 1, 2014, the department shall submit proposed standards under paragraph (a), clause (2), and a report that addresses the following issues and goals to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over commerce and criminal justice policy and funding;

 

(1) minimizing financial and administrative burdens created by this act on the regulated industries;

 

(2) developing a user-friendly system that allows one data entry point to update multiple reporting systems;

 

(3) implementing database management and control protocols, data security protocols, record retention guidelines and procedures, and audit procedures;

 

(4) controlling and minimizing system costs and developing cost allocation guidelines;

 

(5) identifying outstanding concerns of any member of the group;

 

(6) proposing legislation supported by the group; and

 

(7) addressing any other issues identified by the group, including any minority or dissenting opinions.

 

(c) By September 1, 2014, the department shall provide copies of the standards under paragraph (a), clause (2), upon request, to anyone required to report using the automated property system under section 168A.1501, subdivision 5, or 325E.21, subdivision 1c.

 

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

 

Sec. 17.  REPEALER.

 

Minnesota Statutes 2012, section 168A.153, subdivision 2, is repealed.

 

EFFECTIVE DATE.  This section is effective August 1, 2013."

 

Delete the title and insert:

 

"A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a,


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4518

19a, 23; 168A.15, subdivision 3; 168A.153, subdivisions 1, 3; 325E.21, subdivisions 1, 1a, 4, 8, 9, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 168A; repealing Minnesota Statutes 2012, section 168A.153, subdivision 2."

 

 

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

 

      The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

H. F. No. 1297, A bill for an act relating to state government; changing provisions of the Legislative Advisory Commission, Legislative Coordinating Commission, Legislative Commission on Pensions and Retirement, Compensation Council, and Mississippi River Parkway Commission; amending Minnesota Statutes 2012, sections 3.30, subdivision 2; 3.303, by adding a subdivision; 3.85, subdivisions 8, 9; 15A.082, subdivisions 1, 2, 3; 16A.10, subdivision 1c; 161.1419, subdivision 3; repealing Minnesota Statutes 2012, sections 3.304, subdivisions 1, 5; 3.885, subdivision 10.

 

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

 

      The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

H. F. No. 1823, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article IV, section 9; authorizing a council to establish salaries for legislators; changing the composition of the Compensation Council; amending Minnesota Statutes 2012, section 15A.082, subdivisions 1, 2, 3.

 

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

 

 

MINORITY REPORT

 

May 14, 2013

 

I, the undersigned, being a minority of the Committee on Ways and Means, recommend that H. F. No. 1823 do pass with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  CONSTITUTIONAL AMENDMENT PROPOSED.

 

An amendment to the Minnesota Constitution is proposed to the people.  If the amendment is adopted, article IV, section 9, will read:

 

Sec. 9.  The compensation salary of senators and representatives shall be prescribed by law adopted by the vote of at least three-fifths of the members of each house of the legislature.  No increase of compensation salary shall take effect during the period for which the members of the existing house of representatives may have been elected.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4519

Sec. 2.  SCHEDULE AND QUESTION.

 

The proposed amendment must be submitted to the people at the 2014 general election.  The question submitted must be:

 

"Shall the Minnesota Constitution be amended to make it more difficult for legislators to increase their own salaries?

 

Yes……

No……""

 

Delete the title and insert:

 

"A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution, article IV, section 9; requiring a three-fifths vote of each house of the legislature to increase legislators' salaries."

 

Signed:

 

Jenifer Loon

 

 

      Loon moved that the Minority Report from the Committee on Ways and Means relating to H. F. No. 1823 be substituted for the Majority Report and that the Minority Report be now adopted.

 

 

      A roll call was requested and properly seconded.

 

 

LAY ON THE TABLE

 

      Murphy, E., moved that the Minority Report on H. F. No. 1823 be laid on the table. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Murphy, E., motion and the roll was called.  There were 70 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen



Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4520

           Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Green

Gruenhagen

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Rosenthal

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zerwas


 

 

      The motion prevailed and the Minority Report from the Committee on Ways and Means relating to H. F. No. 1823 was laid on the table.

 

 

      The question recurred on the adoption of the Majority Report from the Committee on Ways and Means relating to H. F. No. 1823.  The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

H. F. No. 1832, A bill for an act relating to disaster assistance; appropriating money to match federal disaster aid for the April 2013 severe winter storm in southwest Minnesota.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "$......." and insert "$1,500,000" and after "fund" insert "in fiscal year 2014"

 

Page 1, line 10, after the period, insert "This appropriation is available for expenditure the day following final enactment."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1297, 1823 and 1832 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 561 was read for the second time.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4521

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Garofalo, Atkins, Holberg and Halverson introduced:

 

H. F. No. 1835, A bill for an act relating to capital investment; appropriating money for spillway of Lake Byllesby Dam on the Cannon River; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

 

Fritz and Zerwas introduced:

 

H. F. No. 1836, A bill for an act relating to health; regulating the practice of orthotics, prosthetics, and pedorthics; requiring licensure; providing fees; proposing coding for new law as Minnesota Statutes, chapter 153B.

 

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

 

 

Dean, M., introduced:

 

H. F. No. 1837, A bill for an act relating to natural resources; requiring a feasibility study on augmenting White Bear Lake water levels with treated wastewater.

 

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

 

 

Dean, M., introduced:

 

H. F. No. 1838, A bill for an act relating to natural resources; requiring a report on the diversion of water from Sucker Lake to White Bear Lake.

 

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

 

 

McNamar introduced:

 

H. F. No. 1839, A bill for an act relating to agriculture; increasing the maximum reimbursement allowed from the agricultural chemical response and reimbursement account; amending Minnesota Statutes 2012, section 18E.04, subdivision 4.

 

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


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4522

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

 

      S. F. No. 778.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 778, A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers; authorizing collective bargaining for home and community-based long-term care services; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 179A; 256B.

 

The bill was read for the first time. 

 

Nelson moved that S. F. No. 778 and H. F. No. 950, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

      Murphy, E., moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

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

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 346, A bill for an act relating to crime; providing for forfeiture of money used or intended for use to facilitate a prostitution or sex trafficking offense; appropriating money; amending Minnesota Statutes 2012, sections 609.5312, subdivision 1; 609.5315, subdivisions 1, 5b, by adding a subdivision.

 

 

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


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4523

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

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

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

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 664, A bill for an act relating to campaign finance; making various changes to campaign finance and public disclosure law; expanding definition of public official; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.025, subdivision 4; 10A.04, subdivision 5; 10A.15, subdivision 1; 10A.16; 10A.20, subdivisions 4, 12; 10A.242, subdivision 1; 10A.27, subdivision 9; 10A.273, subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1; 10A.322, subdivision 4; 10A.324, subdivision 1; 211B.37.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 5 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, M.

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

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4524

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Drazkowski

McDonald

O'Neill

Wills


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 654 was reported to the House.

 

 

Barrett moved to amend S. F. No. 654, the second engrossment, as follows:

 

Page 7, after line 35, insert:

 

"Sec. 12.  REQUEST FOR PROPOSALS.

 

(a) Notwithstanding Minnesota Statutes, section 256B.0625, subdivision 18b, the commissioner of human services shall develop and issue a request for proposals to implement a statewide nonemergency medical transportation brokerage program under Minnesota Statutes, section 256B.04, subdivision 14.  This program must include an in-state call center for all Medicaid nonemergency transportation services provided under the medical transportation program in Minnesota.

 

(b) All bids submitted under paragraph (a) must be actuarially sound to ensure that all performance requirements can be met and quality service delivery is maintained.  Upon the completion of the formal bidding process, the commissioner of administration, in consultation with the commissioner of human services, shall evaluate all proposals and make final determinations regarding contract awards.

 

(c) Within ten days of determining a winning bid, the commissioner of human services shall apply to the Centers for Medicare and Medicaid Services for a state plan amendment as provided for in section 1902(a)(70) of the Social Security Act, and according to Code of Federal Regulations, title 42, section 440.170(a)(4).  The state plan amendment shall allow the commissioner to operate the nonemergency medical transportation system in a manner that enhances access to health care services, improves the quality of transportation delivered, and provides for a more cost-effective approach based on cost containment and budget predictability.

 

EFFECTIVE DATE.  This section is effective July 1, 2014, only if the commissioner of human services has not implemented by that date the comprehensive, statewide single administrative structure and delivery system for nonemergency medical transportation as required by Minnesota Statutes, section 256B.0625, subdivision 18e."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4525

           The question was taken on the Barrett amendment and the roll was called.  There were 57 yeas and 76 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, M.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newberger

Newton

Norton

Paymar

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

      S. F. No. 654, A bill for an act relating to human services; modifying provisions related to health care and medical assistance; amending Minnesota Statutes 2012, sections 62J.495, subdivision 15; 256.01, subdivision 34; 256.962, subdivision 8; 256B.0625, subdivisions 8, 8a, 8b, 17, 18e, 18f, 25; 256B.0755, subdivision 7; repealing Minnesota Rules, part 9505.0315, subpart 7, item D.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4526

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

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

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Drazkowski

Pugh


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 157 was reported to the House.

 

 

Hilstrom moved to amend H. F. No. 157, the fifth engrossment, as follows:

 

Page 2, line 2, before the semicolon, insert ", or the operator of an Internet Web site that allows users to offer the sale of coins through that Web site, does not set the price, is not the seller of record, and does not take possession of any coins to be offered"

 

Page 2, line 9, delete "in connection with" and insert "for the purpose of"

 

Page 4, line 3, after the period, insert "A bullion coin dealer may rely on the screening process provided for in section 80G.05 and the statements of its coin dealer representatives for the purposes of complying with the disclosure requirements of this clause relating to coin dealer representatives, provided that such reliance is reasonable, in good faith, and the bullion coin dealer has no knowledge of information suggesting that the screening results or statement are inaccurate."

 

Page 5, line 1, before the period, insert "conducting activities on behalf of or at the direction of the bullion coin dealer"

 

Page 5, line 16, delete the first comma and insert "or" and delete ", or dishonesty"

 

Page 5, line 20, delete the first comma and insert "or" and delete the second comma and insert a period

 

Page 5, delete line 21

 

Page 5, line 34, delete everything after "use" and insert "a reputable, reliable, and accurate vendor authorized to do business in Minnesota"


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4527

Page 6, line 1, delete everything before "to"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Swedzinski moved to amend H. F. No. 157, the fifth engrossment, as amended, as follows:

 

Page 2, line 27, delete "$5,000" and insert "5 ounces of gold or equivalent amounts of precious metals"

 

 

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

 

 

Swedzinski moved to amend H. F. No. 157, the fifth engrossment, as amended, as follows:

 

Page 2, line 4, delete "or"

 

Page 2, line 6, delete the period and insert "; or"

 

Page 2, after line 6, insert:

 

"(7) a person who buys or sells bullion coin as numismatic objects, and not for their content of precious metals."

 

 

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

 

 

      H. F. No. 157, A bill for an act relating to commerce; regulating bullion coin dealers; requiring registration; prohibiting certain conduct; providing enforcement authority and civil and criminal penalties; proposing coding for new law as Minnesota Statutes, chapter 80G.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 74 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4528

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Abeler

Albright

Anderson, M.

Anderson, S.

Barrett

Beard

Benson, M.

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 661 was reported to the House.

 

 

      Winkler moved to amend S. F. No. 661, the fourth engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 863, the second engrossment:

 

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

 

Subd. 7c.  Ballot question political committee.  "Ballot question political committee" means a political committee that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A.121, subdivision 1.

 

Sec. 2.  Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:

 

Subd. 7d.  Ballot question political fund.  "Ballot question political fund" means a political fund that makes only expenditures to promote or defeat a ballot question and disbursements permitted under section 10A.121, subdivision 1.

 

Sec. 3.  Minnesota Statutes 2012, section 10A.01, subdivision 10, is amended to read:

 

Subd. 10.  Candidate.  "Candidate" means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge.  An individual is deemed to seek nomination or election if the individual has taken the action necessary under the law of this state to qualify for nomination or election, has received contributions or made expenditures in excess of $100, or has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of $100, for the purpose of bringing about the individual's nomination or election.  A candidate remains a candidate until the candidate's principal campaign committee is dissolved as provided in section 10A.24 10A.243.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4529

Sec. 4.  Minnesota Statutes 2012, section 10A.01, subdivision 11, is amended to read:

 

Subd. 11.  Contribution.  (a) "Contribution" means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, or party unit.  An allocation by an association of general treasury money to be used for activities that must be or are reported through the association's political fund is considered to be a contribution for the purposes of disclosure required by this chapter.

 

(b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, or party unit, if the loan or advance of credit is:  (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, or party unit to which the loan or advance of credit was made.  If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.

 

(c) "Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; the publishing or broadcasting of news items or editorial comments by the news media; or an individual's unreimbursed personal use of an automobile owned by the individual while volunteering personal time.

 

Sec. 5.  Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:

 

Subd. 16a.  Expressly advocating.  "Expressly advocating" means that a communication clearly identifies a candidate and uses words or phrases of express advocacy.

 

Sec. 6.  Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:

 

Subd. 17c.  General treasury money.  "General treasury money" means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business.  General treasury money does not include money collected to influence the nomination or election of candidates or to promote or defeat a ballot question.

 

Sec. 7.  Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:

 

Subd. 26a.  Person.  "Person" means an individual, an association, a political subdivision, or a public higher education system.

 

Sec. 8.  Minnesota Statutes 2012, section 10A.01, subdivision 27, is amended to read:

 

Subd. 27.  Political committee.  "Political committee" means an association whose major purpose is to influence the nomination or election of a candidate one or more candidates or to promote or defeat a ballot question, other than a principal campaign committee or a political party unit.

 

Sec. 9.  Minnesota Statutes 2012, section 10A.01, subdivision 28, is amended to read:

 

Subd. 28.  Political fund.  "Political fund" means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of a candidate one or more candidates or to promote or defeat a ballot question.  The term "political fund" as used in this chapter may also refer to the association acting through its political fund.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4530

Sec. 10.  Minnesota Statutes 2012, section 10A.02, subdivision 9, is amended to read:

 

Subd. 9.  Documents; information.  The executive director must inspect all material filed with the board as promptly as necessary to comply with this chapter and, with other provisions of law requiring the filing of a document with the board, and with other provisions of law under the board's jurisdiction pursuant to subdivision 11.  The executive director must immediately notify the an individual required to file a document with the board if a written complaint is filed with the board alleging, or it otherwise appears, that a document filed with the board is inaccurate or does not comply with this chapter, or that the individual has failed to file a document required by this chapter or has failed to comply with this chapter or other provisions under the board's jurisdiction pursuant to subdivision 11.  The executive director may provide an individual required to file a document under this chapter with factual information concerning the limitations on corporate campaign contributions imposed by section 211B.15.

 

Sec. 11.  Minnesota Statutes 2012, section 10A.02, subdivision 10, is amended to read:

 

Subd. 10.  Audits and investigations.  The board may make audits and investigations, impose statutory civil penalties, and issue orders for compliance with respect to statements and reports that are filed or that should have been filed under the requirements of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11.  In all matters relating to its official duties, the board has the power to issue subpoenas and cause them to be served.  If a person does not comply with a subpoena, the board may apply to the District Court of Ramsey County for issuance of an order compelling obedience to the subpoena.  A person failing to obey the order is punishable by the court as for contempt.

 

Sec. 12.  Minnesota Statutes 2012, section 10A.02, subdivision 11, is amended to read:

 

Subd. 11.  Violations; enforcement.  (a) The board may investigate any alleged violation of this chapter.  The board may also investigate an alleged violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate, treasurer, principal campaign committee, political committee, political fund, or party unit, as those terms are defined in this chapter.  The board must investigate any violation that is alleged in a written complaint filed with the board and must within 30 days after the filing of the complaint make a public finding of whether there is probable cause to believe a violation has occurred findings and conclusions as to whether a violation has occurred and must issue an order, except that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either enter a conciliation agreement or make a public finding of whether there is probable cause, findings and conclusions as to whether a violation has occurred and must issue an order within 60 days after the filing of the complaint.  The deadline for action on a written complaint may be extended by majority vote of the board.

 

(b) The board may bring legal actions or negotiate settlements in its own name to recover money raised from contributions subject to the conditions in this paragraph.

 

(1) No action may be commenced unless the board has made a formal determination, after an investigation, that the money was raised for political purposes as defined in section 211B.01, subdivision 6, and that the money was used for purposes not permitted under this chapter or under section 211B.12.

 

(2) Prior to commencing an action, the board must give the association whose money was misused written notice by certified mail of its intent to take action under this subdivision and must give the association a reasonable opportunity, for a period of not less than 90 days, to recover the money without board intervention.  This period must be extended for at least an additional 90 days for good cause if the association is actively pursuing recovery of the money.  The board may not commence a legal action under this subdivision if the association has commenced a legal action for the recovery of the same money.

 

(3) Any funds recovered under this subdivision must be deposited in a campaign finance recovery account in the special revenue fund and are appropriated as follows:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4531

(i) an amount equal to the board's actual costs and disbursements in the action, including court reporter fees for depositions taken in the course of an investigation, is appropriated to the board for its operations;

 

(ii) an amount equal to the reasonable value of legal services provided by the Office of the Attorney General in the recovery matter, calculated on the same basis as is used for charging legal fees to state agencies, is appropriated to the attorney general for the attorney general's operations; and

 

(iii) any remaining balance is appropriated to the board for distribution to the association to which the money was originally contributed.

 

(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign committee is the person who used the association's money for illegal purposes, or if the association or political fund whose money was misused is no longer registered with the board, any money remaining after the payments specified in clause (3), items (i) and (ii), must be transferred to the general account of the state elections campaign account.

 

(5) Any action by the board under this paragraph must be commenced not later than four years after the improper use of money is shown on a report filed with the board or the board has actual knowledge of improper use.  No action may be commenced under this paragraph for improper uses disclosed on reports for calendar years prior to 2011.

 

(6) If the board prevails in an action brought under this subdivision and the court makes a finding that the misuse of funds was willful, the court may enter judgment in favor of the board and against the person misusing the funds in the amount of the misused funds.

 

(b) (c) Within a reasonable time after beginning an investigation of an individual or association, the board must notify the individual or association of the fact of the investigation.  The board must not make a finding of whether there is probable cause to believe a violation has occurred without notifying the individual or association of the nature of the allegations and affording an opportunity to answer those allegations.

 

(c) (d) A hearing or action of the board concerning a complaint or investigation other than a finding concerning probable cause or a conciliation agreement is confidential.  Until the board makes a public finding concerning probable cause or enters a conciliation agreement:

 

(1) a member, employee, or agent of the board must not disclose to an individual information obtained by that member, employee, or agent concerning a complaint or investigation except as required to carry out the investigation or take action in the matter as authorized by this chapter; and

 

(2) an individual who discloses information contrary to this subdivision is subject to a civil penalty imposed by the board of up to $1,000.

 

(e) A matter that is under the board's jurisdiction pursuant to this section and that may result in a criminal offense must be finally disposed of by the board before the alleged violation may be prosecuted by a city or county attorney.

 

Sec. 13.  Minnesota Statutes 2012, section 10A.02, subdivision 12, is amended to read:

 

Subd. 12.  Advisory opinions.  (a) The board may issue and publish advisory opinions on the requirements of this chapter and of those sections listed in subdivision 11 based upon real or hypothetical situations.  An application for an advisory opinion may be made only by an individual or association a person who is subject to chapter 10A and who wishes to use the opinion to guide the individual's or the association's person's own conduct.  The board must issue written opinions on all such questions submitted to it within 30 days after receipt of written application, unless a majority of the board agrees to extend the time limit.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4532

(b) A written advisory opinion issued by the board is binding on the board in a subsequent board proceeding concerning the person making or covered by the request and is a defense in a judicial proceeding that involves the subject matter of the opinion and is brought against the person making or covered by the request unless:

 

(1) the board has amended or revoked the opinion before the initiation of the board or judicial proceeding, has notified the person making or covered by the request of its action, and has allowed at least 30 days for the person to do anything that might be necessary to comply with the amended or revoked opinion;

 

(2) the request has omitted or misstated material facts; or

 

(3) the person making or covered by the request has not acted in good faith in reliance on the opinion.

 

(c) A request for an opinion and the opinion itself are nonpublic data.  The board, however, may publish an opinion or a summary of an opinion, but may not include in the publication the name of the requester, the name of a person covered by a request from an agency or political subdivision, or any other information that might identify the requester, unless the person consents to the inclusion.

 

Sec. 14.  Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:

 

Subd. 15.  Disposition of fees.  The board must deposit all fees and civil penalties collected under this chapter into the general fund in the state treasury.

 

Sec. 15.  Minnesota Statutes 2012, section 10A.025, subdivision 2, is amended to read:

 

Subd. 2.  Penalty for false statements.  (a) A report or statement required to be filed under this chapter must be signed and certified as true by the individual required to file the report.  The signature may be an electronic signature consisting of a password assigned by the board.

 

(b) An individual who signs and certifies shall not sign and certify to be true a report or statement knowing it contains false information or who knowingly knowing it omits required information is guilty of a gross misdemeanor and subject to a civil penalty imposed by the board of up to $3,000.

 

(c) An individual shall not knowingly provide false or incomplete information to a treasurer with the intent that the treasurer will rely on that information in signing and certifying to be true a report or statement.

 

(d) A person who violates paragraph (b) or (c) is subject to a civil penalty imposed by the board of up to $3,000.  A violation of paragraph (b) or (c) is a gross misdemeanor.

 

(e) The board may impose an additional civil penalty of up to $3,000 on the principal campaign committee or candidate, party unit, political committee, or association that has a political fund that is affiliated with an individual who violated paragraph (b) or (c).

 

Sec. 16.  Minnesota Statutes 2012, section 10A.025, subdivision 3, is amended to read:

 

Subd. 3.  Record keeping; penalty.  (a) A person required to file a report or statement or who has accepted record-keeping responsibility for the filer must maintain records on the matters required to be reported, including vouchers, canceled checks, bills, invoices, worksheets, and receipts, that will provide in sufficient detail the necessary information from which the filed reports and statements may be verified, explained, clarified, and checked for accuracy and completeness.  The person must keep the records available for audit, inspection, or examination by the board or its authorized representatives for four years from the date of filing of the reports or statements or of changes or corrections to them.  A person who knowingly violates this subdivision is guilty of a misdemeanor.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4533

(b) The board may impose a civil penalty of up to $3,000 on a person who knowingly violates this subdivision.  The board may impose a separate civil penalty of up to $3,000 on the principal campaign committee or candidate, party unit, political committee, or association that has a political fund that is affiliated with an individual who violated this subdivision.

 

(c) A knowing violation of this subdivision is a misdemeanor.

 

Sec. 17.  Minnesota Statutes 2012, section 10A.105, subdivision 1, is amended to read:

 

Subdivision 1.  Single committee.  A candidate must not accept contributions from a source, other than self, in aggregate in excess of $100 $750 or accept a public subsidy unless the candidate designates and causes to be formed a single principal campaign committee for each office sought.  A candidate may not authorize, designate, or cause to be formed any other political committee bearing the candidate's name or title or otherwise operating under the direct or indirect control of the candidate.  However, a candidate may be involved in the direct or indirect control of a party unit.

 

Sec. 18.  Minnesota Statutes 2012, section 10A.12, subdivision 1, is amended to read:

 

Subdivision 1.  When required for contributions and approved expenditures.  An association other than a political committee or party unit may not contribute more than $100 $750 in aggregate in any one calendar year to candidates, political committees, or party units or make any approved or independent expenditure or expenditure to promote or defeat a ballot question expenditures of more than $750 in aggregate in any calendar year unless the contribution or expenditure is made from through a political fund.

 

Sec. 19.  Minnesota Statutes 2012, section 10A.12, subdivision 1a, is amended to read:

 

Subd. 1a.  When required for independent expenditures or ballot questions.  An association other than a political committee that makes only independent expenditures and disbursements permitted under section 10A.121, subdivision 1, or expenditures to promote or defeat a ballot question must do so by forming and registering through an independent expenditure or ballot question political fund if the expenditure is in excess of $100 independent expenditures aggregate more than $1,500 in a calendar year or if the expenditures to promote or defeat a ballot question aggregate more than $5,000 in a calendar year, or by contributing to an existing independent expenditure or ballot question political committee or political fund.

 

Sec. 20.  Minnesota Statutes 2012, section 10A.12, subdivision 2, is amended to read:

 

Subd. 2.  Commingling prohibited.  The contents of a an association's political fund may not be commingled with other funds or with the personal funds of an officer or member of the association or the fund.  It is not commingling for an association that uses only its own general treasury money to make expenditures and disbursements permitted under section 10A.121, subdivision 1, directly from the depository used for its general treasury money.  An association that accepts more than $1,500 in contributions to influence the nomination or election of candidates or more than $5,000 in contributions to promote or defeat a ballot question must establish a separate depository for those contributions.

 

Sec. 21.  Minnesota Statutes 2012, section 10A.121, is amended to read:

 

10A.121 INDEPENDENT EXPENDITURE AND BALLOT QUESTION POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS.

 

Subdivision 1.  Permitted disbursements.  An independent expenditure political committee or an independent expenditure political fund, or a ballot question political committee or fund, in addition to making independent expenditures, may:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4534

(1) pay costs associated with its fund-raising and general operations;

 

(2) pay for communications that do not constitute contributions or approved expenditures; and

 

(3) make contributions to other independent expenditure or ballot question political committees or independent expenditure political funds;

 

(4) make independent expenditures;

 

(5) make expenditures to promote or defeat ballot questions;

 

(6) return a contribution to its source;

 

(7) for a political fund, record bookkeeping entries transferring the association's general treasury money allocated for political purposes back to the general treasury of the association; and

 

(8) for a political fund, return general treasury money transferred to a separate depository to the general depository of the association.

 

Subd. 2.  Penalty.  (a) An independent expenditure political committee or independent expenditure political fund is subject to a civil penalty of up to four times the amount of the contribution or approved expenditure if it does the following:

 

(1) makes a contribution to a candidate, party unit, political committee, or political fund other than an independent expenditure political committee or an independent expenditure political fund; or

 

(2) makes an approved expenditure.

 

(b) No other penalty provided in law may be imposed for conduct that is subject to a civil penalty under this section.

 

Sec. 22.  Minnesota Statutes 2012, section 10A.14, subdivision 1, is amended to read:

 

Subdivision 1.  First registration.  The treasurer of a political committee, political fund, principal campaign committee, or party unit must register with the board by filing a registration statement of organization no later than 14 days after the committee, fund, or party unit has made a contribution, received contributions, or made expenditures in excess of $100 $750, or by the end of the next business day after it has received a loan or contribution that must be reported under section 10A.20, subdivision 5, whichever is earlier.  This subdivision does not apply to ballot question or independent expenditure political committees or funds, which are subject to subdivision 1a.

 

Sec. 23.  Minnesota Statutes 2012, section 10A.14, is amended by adding a subdivision to read:

 

Subd. 1a.  Independent expenditure or ballot question political committees and funds; first registration; reporting.  The treasurer of an independent expenditure or ballot question political committee or fund must register with the board by filing a registration statement:

 

(1) no later than 14 calendar days after the committee or the association registering the political fund has:

 

(i) received aggregate contributions for independent expenditures of more than $1,500 in a calendar year;

 

(ii) received aggregate contributions for expenditures to promote or defeat a ballot question of more than $5,000 in a calendar year;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4535

(iii) made aggregate independent expenditures of more than $1,500 in a calendar year; or

 

(iv) made aggregate expenditures to promote or defeat a ballot question of more than $5,000 in a calendar year; or

 

(2) by the end of the next business day after it has received a loan or contribution that must be reported under section 10A.20, subdivision 5, and it has met one of the requirements of clause (1).

 

Sec. 24.  Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:

 

Subdivision 1.  Anonymous contributions.  A political committee, political fund, principal campaign committee, or party unit may not retain an anonymous contribution in excess of $20 $50, but must forward it to the board for deposit in the general account of the state elections campaign fund account.

 

Sec. 25.  Minnesota Statutes 2012, section 10A.15, subdivision 2, is amended to read:

 

Subd. 2.  Source; amount; date.  An individual who receives a contribution in excess of $20 $50 for a political committee, political fund, principal campaign committee, or party unit must, on demand of the treasurer, inform the treasurer of the name and, if known, the address of the source of the contribution, the amount of the contribution, and the date it was received.

 

Sec. 26.  Minnesota Statutes 2012, section 10A.15, subdivision 3, is amended to read:

 

Subd. 3.  Deposit.  All contributions received by or on behalf of a candidate, principal campaign committee, political committee, political fund, or party unit must be deposited in an account designated "Campaign Fund of .....  (name of candidate, committee, fund, or party unit)."  All contributions must be deposited promptly upon receipt and, except for contributions received during the last three days of a reporting period as described in section 10A.20, must be deposited during the reporting period in which they were received.  A contribution received during the last three days of a reporting period must be deposited within 72 hours after receipt and must be reported as received during the reporting period whether or not deposited within that period.  A candidate, principal campaign committee, political committee, political fund, or party unit may refuse to accept a contribution.  A deposited contribution may be returned to the contributor within 60 90 days after deposit.  A contribution deposited and not returned within 60 90 days after that deposit must be reported as accepted.

 

Sec. 27.  Minnesota Statutes 2012, section 10A.20, subdivision 1, is amended to read:

 

Subdivision 1.  First filing; duration.  The treasurer of a political committee, political fund, principal campaign committee, or party unit must begin to file the reports required by this section in for the first year it receives contributions or makes expenditures in excess of $100 that require it to register under section 10A.14 and must continue to file until the committee, fund, or party unit is terminated.  The reports must be filed electronically in a standards-based open format specified by the board.  For good cause shown, the board must grant exemptions to the requirement that reports be filed electronically.

 

Sec. 28.  Minnesota Statutes 2012, section 10A.20, subdivision 2, is amended to read:

 

Subd. 2.  Time for filing.  (a) The reports must be filed with the board on or before January 31 of each year and additional reports must be filed as required and in accordance with paragraphs (b) to (d).

 

(b) In each year in which the name of the a candidate for legislative or district court judicial office is on the ballot, the report of the principal campaign committee must be filed 15 days before a primary and ten days before a general election, seven days before a special primary and a special election, and ten days after a special election cycle.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4536

(c) In each general election year, a political committee or, a political fund must file reports 28 and 15 days before a primary and 42 and ten days before a general election.  Beginning in 2012, reports required under this paragraph must also be filed 56 days before a primary., a state party committee, a party unit established by all or a part of the party organization within a house of the legislature, and the principal campaign committee of a candidate for constitutional or appellate court judicial office must file reports on the following schedule:

 

(1) a first-quarter report covering the calendar year through March 31, which is due April 14;

 

(2) in a year in which a primary election is held in August, a report covering the calendar year through May 31, which is due June 14;

 

(3) in a year in which a primary election is held before August, a pre-general-election report covering the calendar year through July 15, which is due July 29;

 

(4) a pre-primary-election report due 15 days before a primary election;

 

(5) a pre-general-election report due 42 days before the general election;

 

(6) a pre-general-election report due ten days before a general election; and

 

(7) for a special election, a constitutional office candidate whose name is on the ballot must file reports seven days before a special primary and a special election, and ten days after a special election cycle.

 

(d) In each general election year, a party unit not included in paragraph (c) must file reports 15 days before a primary election and ten days before a general election.

 

(e) Notwithstanding paragraphs (a) to (d), the principal campaign committee of a candidate whose name will not be on the general election ballot is not required to file the report due ten days before a general election or seven days before a special election.

 

Sec. 29.  Minnesota Statutes 2012, section 10A.20, subdivision 3, is amended to read:

 

Subd. 3.  Contents of report.  (a) The report required by this section must include each of the items listed in paragraphs (b) to (o) that are applicable to the filer.  The board shall prescribe forms based on filer type indicating which of those items must be included on the filer's report.

 

(a) (b) The report must disclose the amount of liquid assets on hand at the beginning of the reporting period.

 

(b) (c) The report must disclose the name, address, and employer, or occupation if self-employed, of each individual or association that has made one or more contributions to the reporting entity, including the purchase of tickets for a fund-raising effort, that in aggregate within the year exceed $100 $200 for legislative or statewide candidates or more than $500 for ballot questions, together with the amount and date of each contribution, and the aggregate amount of contributions within the year from each source so disclosed.  A donation in kind must be disclosed at its fair market value.  An approved expenditure must be listed as a donation in kind.  A donation in kind is considered consumed in the reporting period in which it is received.  The names of contributors must be listed in alphabetical order.  Contributions from the same contributor must be listed under the same name.  When a contribution received from a contributor in a reporting period is added to previously reported unitemized contributions from the same contributor and the aggregate exceeds the disclosure threshold of this paragraph, the name, address, and employer, or occupation if self-employed, of the contributor must then be listed on the report.

 

(c) (d) The report must disclose the sum of contributions to the reporting entity during the reporting period.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4537

(d) (e) The report must disclose each loan made or received by the reporting entity within the year in aggregate in excess of $100 $200, continuously reported until repaid or forgiven, together with the name, address, occupation, and principal place of business, if any, of the lender and any endorser and the date and amount of the loan.  If a loan made to the principal campaign committee of a candidate is forgiven or is repaid by an entity other than that principal campaign committee, it must be reported as a contribution for the year in which the loan was made.

 

(e) (f) The report must disclose each receipt over $100 $200 during the reporting period not otherwise listed under paragraphs (b) (c) to (d) (e).

 

(f) (g) The report must disclose the sum of all receipts of the reporting entity during the reporting period.

 

(g) (h) The report must disclose the name and address of each individual or association to whom aggregate expenditures, including approved expenditures, independent expenditures and ballot question expenditures have been made by or on behalf of the reporting entity within the year in excess of $100 $200, together with the amount, date, and purpose of each expenditure and the name and address of, and office sought by, each candidate on whose behalf the expenditure was made, identification of the ballot question that the expenditure was intended to promote or defeat and an indication of whether the expenditure was to promote or to defeat the ballot question, and in the case of independent expenditures made in opposition to a candidate, the candidate's name, address, and office sought.  A reporting entity making an expenditure on behalf of more than one candidate for state or legislative office must allocate the expenditure among the candidates on a reasonable cost basis and report the allocation for each candidate.

 

(h) (i) The report must disclose the sum of all expenditures made by or on behalf of the reporting entity during the reporting period.

 

(i) (j) The report must disclose the amount and nature of an advance of credit incurred by the reporting entity, continuously reported until paid or forgiven.  If an advance of credit incurred by the principal campaign committee of a candidate is forgiven by the creditor or paid by an entity other than that principal campaign committee, it must be reported as a donation in kind for the year in which the advance of credit was made.

 

(j) (k) The report must disclose the name and address of each political committee, political fund, principal campaign committee, or party unit to which contributions have been made that aggregate in excess of $100 $200 within the year and the amount and date of each contribution.

 

(k) (l) The report must disclose the sum of all contributions made by the reporting entity during the reporting period.

 

(l) (m) The report must disclose the name and address of each individual or association to whom noncampaign disbursements have been made that aggregate in excess of $100 $200 within the year by or on behalf of the reporting entity and the amount, date, and purpose of each noncampaign disbursement.

 

(m) (n) The report must disclose the sum of all noncampaign disbursements made within the year by or on behalf of the reporting entity.

 

(n) (o) The report must disclose the name and address of a nonprofit corporation that provides administrative assistance to a political committee or political fund as authorized by section 211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate fair market value of each type of assistance provided to the political committee or political fund during the reporting period.

 

Sec. 30.  Minnesota Statutes 2012, section 10A.20, subdivision 5, is amended to read:

 

Subd. 5.  Preelection Pre-election reports.  (a) Any loan, contribution, or contributions:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4538

(1) to a political committee or political fund from any one source totaling more than $1,000 or more, or in a statewide election for;

 

(2) to the principal campaign committee of a candidate for an appellate court judicial office, any loan, contribution, or contributions from any one source totaling more than $2,000 or more, or in any judicial;

 

(3) to the principal campaign committee of a candidate for district court judge totaling more than $400 or more, and any loan, contribution, or contributions; or

 

(4) to the principal campaign committee of a candidate for constitutional office or for the legislature from any one source totaling 80 more than 50 percent or more of the election cycle contribution limit for the office, received between the last day covered in the last report before an election and the election must be reported to the board in one of the following ways:  in the manner provided in paragraph (b).

 

(b) A loan, contribution, or contributions required to be reported to the board under paragraph (a) must be reported to the board either:

 

(1) in person by the end of the next business day after its receipt; or

 

(2) by electronic means sent within 24 hours after its receipt.

 

(c) These loans and contributions must also be reported in the next required report.

 

(d) This notice requirement does not apply with respect to in a primary in which the statewide or legislative election to a candidate who is unopposed in the primary, in a primary election to a ballot question political committee or fund, or in a general election to a candidate whose name is not on the general election ballot.  The board must post the report on its Web site by the end of the next business day after it is received.

 

(e) This subdivision does not apply to a ballot question or independent expenditure political committee or fund that has not met the registration threshold of section 10A.14, subdivision 1a.  However, if a contribution that would be subject to this section triggers the registration requirement in section 10A.14, subdivision 1a, then both registration under that section and reporting under this section are required.

 

Sec. 31.  Minnesota Statutes 2012, section 10A.20, subdivision 6, is amended to read:

 

Subd. 6.  Report when no committee.  (a) A candidate who does not designate and cause to be formed a principal campaign committee and an individual who makes independent expenditures or campaign expenditures expressly advocating the approval or defeat of a ballot question in aggregate in excess of $100 $750 in a year must file with the board a report containing the information required by subdivision 3.  Reports required by this subdivision must be filed on by the dates on which reports by principal campaign committees, funds, and party units are must be filed.

 

(b) An individual who makes independent expenditures that aggregate more than $1,500 in a calendar year or expenditures to promote or defeat a ballot question that aggregate more than $5,000 in a calendar year must file with the board a report containing the information required by subdivision 3.  A report required by this subdivision must be filed by the date on which the next report by political committees and political funds must be filed.

 

Sec. 32.  Minnesota Statutes 2012, section 10A.20, subdivision 7, is amended to read:

 

Subd. 7.  Statement of inactivity.  If a reporting entity principal campaign committee, party unit, or political committee, has no receipts or expenditures during a reporting period, the treasurer must file with the board at the time required by this section a statement to that effect.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4539

Sec. 33.  Minnesota Statutes 2012, section 10A.20, is amended by adding a subdivision to read:

 

Subd. 7a.  Activity of political fund.  An association is not required to file any statement or report for a reporting period when the association accepted no contributions into the association's political fund and made no expenditures from its political fund since the last date included in its most recent filed report.  If the association maintains a separate checking account for its political fund, the receipt of interest on the proceeds of that account and the payment of fees to maintain that account do not constitute activity that requires the filing of a report for an otherwise inactive political fund.

 

Sec. 34.  Minnesota Statutes 2012, section 10A.241, is amended to read:

 

10A.241 TRANSFER OF DEBTS.

 

Notwithstanding section 10A.24, A candidate may terminate the candidate's principal campaign committee for one state office by transferring any debts of that committee to the candidate's principal campaign committee for another state office if all outstanding unpaid bills or loans from the committee being terminated are assumed and continuously reported by the committee to which the transfer is being made until paid or forgiven.  A loan that is forgiven is covered by section 10A.20 and, for purposes of section 10A.324, is a contribution to the principal campaign committee from which the debt was transferred under this section.

 

Sec. 35.  [10A.243] TERMINATION OF REGISTRATION.

 

Subdivision 1.  Termination report.  A political committee, political fund, principal campaign committee, or party unit may terminate its registration with the board after it has disposed of all its assets in excess of $100 by filing a final report of receipts and expenditures.  The final report must be identified as a termination report and must include all financial transactions that occurred after the last date included on the most recent report filed with the board.  The termination report may be filed at any time after the asset threshold in this section is reached.

 

Subd. 2.  Asset disposition.  "Assets" include credit balances at vendors, prepaid postage and postage stamps, as well as physical assets.  Assets must be disposed of at their fair market value.  Assets of a political fund that consist of, or were acquired using, only the general treasury money of the fund's supporting association remain the property of the association upon termination of the association's political fund registration and are not subject to the disposal requirements of this section.

 

Sec. 36.  [10A.244] VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.

 

Subdivision 1.  Election of voluntary inactive status.  An association that has a political fund registered under this chapter may elect to have the fund placed on voluntary inactive status if the following conditions are met:

 

(1) the association makes a written request for inactive status;

 

(2) the association has filed all periodic reports required by this chapter and has received no contributions into its political fund and made no expenditures or disbursements through its political fund since the last date included on the association's most recent report; and

 

(3) the association has satisfied all obligations to the state for late filing fees and civil penalties imposed by the board or the board has waived this requirement.

 

Subd. 2.  Effect of voluntary inactive status.  After an association has complied with the requirements of subdivision 1:

 

(1) the board must notify the association that its political fund has been placed in voluntary inactive status and of the terms of this section;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4540

(2) the board must stop sending the association reports, forms, and notices of report due dates that are periodically sent to entities registered with the board;

 

(3) the association is not required to file periodic disclosure reports for its political fund as otherwise required under this chapter;

 

(4) the association may not accept contributions into its political fund and may not make expenditures, contributions, or disbursements through its political fund; and

 

(5) if the association maintains a separate depository account for its political fund, it may continue to pay bank service charges and receive interest paid on that account while its political fund is in inactive status.

 

Subd. 3.  Resumption of active status or termination.  (a) An association that has placed its political fund in voluntary inactive status may resume active status upon written notice to the board.

 

(b) A political fund placed in voluntary inactive status must resume active status within 14 days of the date that it has accepted contributions or made expenditures, contributions, or disbursements that aggregate more than $750 since the political fund was placed on inactive status.  If, after meeting this threshold, the association does not notify the board that its fund has resumed active status, the board may place the association's political fund in active status and notify the association of the change in status.

 

(c) An association that has placed its political fund in voluntary inactive status may terminate the registration of the fund without returning it to active status.

 

Subd. 4.  Penalty for financial activity while in voluntary inactive status.  If an association fails to notify the board of its political fund's resumption of active status under subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000 commencing on the 15th calendar day after the fund resumed active status.

 

Sec. 37.  [10A.245] ADMINISTRATIVE TERMINATION OF INACTIVE COMMITTEES AND FUNDS.

 

Subdivision 1.  Inactivity defined.  (a) A principal campaign committee becomes inactive on the later of the following dates:

 

(1) six years after the last election in which the individual for whom the committee exists was a candidate for the office sought or held at the time the principal campaign committee registered with the board; or

 

(2) six years after the last day on which the individual for whom the committee exists served in an elective office subject to this chapter.

 

(b) A political committee, political fund, or party unit becomes inactive when four years have elapsed since the end of a reporting period during which the political committee, political fund, or party unit made an expenditure or disbursement requiring itemized disclosure under this chapter.

 

(c) A political fund that has elected voluntary inactive status under section 10A.244 becomes inactive within the meaning of this section when four years have elapsed during which the political fund was continuously in voluntary inactive status.

 

Subd. 2.  Termination by board.  The board may terminate the registration of a principal campaign committee, party unit, political committee, or political fund found to be inactive under this section 60 days after sending written notice of inactivity by certified mail to the affected association at the last address on record with the board for that association.  Within 60 days after the board sends notice under this section, the affected association must dispose of


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4541

its assets as provided in this subdivision.  The assets of the principal campaign committee, party unit, or political committee must be used for the purposes authorized by this chapter or section 211B.12 or must be liquidated and deposited in the general account of the state elections campaign account.  The assets of an association's political fund that were derived from the association's general treasury money revert to the association's general treasury.  Assets of a political fund that resulted from contributions to the political fund must be used for the purposes authorized by this chapter or section 211B.12 or must be liquidated and deposited in the general account of the state elections campaign account.

 

Sec. 38.  [10A.246] UNPAID DEBT UPON TERMINATION.

 

Termination of a registration with the board does not affect the liability, if any, of the association or its candidates, officers, or other individuals for obligations incurred in the name of the association or its political fund.

 

Sec. 39.  Minnesota Statutes 2012, section 10A.25, subdivision 2, is amended to read:

 

Subd. 2.  Amounts.  (a) In a year in which an election is held each election cycle for an office sought by a candidate, the principal campaign committee of the candidate must not make campaign expenditures nor permit approved expenditures to be made on behalf of the candidate that result in aggregate expenditures in excess of the following:

 

(1) for governor and lieutenant governor, running together, $2,577,200 $5,000,000;

 

(2) for attorney general, $429,600;

 

(3) for secretary of state, and state auditor, separately, $214,800 each $1,500,000;

 

(4) (3) for state senator, $68,100 $120,000;

 

(5) (4) for state representative, $34,300 $60,000.

 

(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement for the office of lieutenant governor at the convention of a political party may make campaign expenditures and approved expenditures of five percent of that amount to seek endorsement.

 

(c) If a special election cycle occurs during a general election cycle, expenditures by or on behalf of a candidate in the special election cycle do not count as expenditures by or on behalf of the candidate in the general election cycle.

 

(d) The expenditure limits in this subdivision for an office are increased by ten percent for a candidate who is running for that office for the first time has not previously held the same office, whose name has not previously been on the primary or general election ballot for that office, and who has not in the past ten years raised or spent more than $750 in a run previously for any other office whose territory now includes a population that is more than one-third of the population in the territory of the new office.  In the case of a legislative candidate, the office is that of a member of the house of representatives or senate without regard to any specific district.

 

Sec. 40.  Minnesota Statutes 2012, section 10A.25, subdivision 2a, is amended to read:

 

Subd. 2a.  Aggregated expenditures.  If a candidate makes expenditures from more than one principal campaign committee for nomination or election to statewide office in the same election year cycle, the amount of expenditures from all of the candidate's principal campaign committees for statewide office for that election year cycle must be aggregated for purposes of applying the limits on expenditures under subdivision 2.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4542

Sec. 41.  Minnesota Statutes 2012, section 10A.25, subdivision 3, is amended to read:

 

Subd. 3.  Governor and lieutenant governor a single candidate.  For the purposes of sections 10A.11 to 10A.34 this chapter, a candidate for governor and a candidate for lieutenant governor, running together, are considered a single candidate.  Except as provided in subdivision 2, paragraph (b), all expenditures made by or all approved expenditures made on behalf of the candidate for lieutenant governor are considered to be expenditures by or approved expenditures on behalf of the candidate for governor.

 

Sec. 42.  Minnesota Statutes 2012, section 10A.257, subdivision 1, is amended to read:

 

Subdivision 1.  Unused funds.  After all campaign expenditures and noncampaign disbursements for an election cycle have been made, an amount up to 50 25 percent of the election year cycle expenditure limit for the office may be carried forward.  Any remaining amount up to the total amount of the public subsidy from the state elections campaign fund must be returned to the state treasury for credit to the general fund under section 10A.324.  Any remaining amount in excess of the total public subsidy must be contributed to the state elections campaign fund account or a political party for multicandidate expenditures as defined in section 10A.275.

 

Sec. 43.  Minnesota Statutes 2012, section 10A.27, subdivision 1, is amended to read:

 

Subdivision 1.  Contribution limits.  (a) Except as provided in subdivision 2, a candidate must not permit the candidate's principal campaign committee to accept aggregate contributions in an election cycle made or delivered by any individual, political committee, or political fund, or association not registered with the board in excess of the following:

 

(1) to candidates for governor and lieutenant governor running together, $2,000 in an election year for the office sought and $500 in other years $6,000;

 

(2) to a candidate for attorney general, secretary of state, or state auditor, $1,000 in an election year for the office sought and $200 in other years $4,000;

 

(3) to a candidate for state senator, $500 in an election year for the office sought and $100 in other years $3,000;

 

(4) to a candidate for state representative, $500 in an election year for the office sought and $100 in the other year $1,500; and

 

(5) to a candidate for judicial office, $2,000 in an election year for the office sought and $500 in other years $4,500.

 

(b) The following deliveries are not subject to the bundling limitation in this subdivision:

 

(1) delivery of contributions collected by a member of the candidate's principal campaign committee, such as a block worker or a volunteer who hosts a fund-raising event, to the committee's treasurer; and

 

(2) a delivery made by an individual on behalf of the individual's spouse.

 

(c) A lobbyist, political committee, political party unit, or an association that has a political fund, or an association not registered with the board must not make a contribution a candidate is prohibited from accepting.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4543

Sec. 44.  Minnesota Statutes 2012, section 10A.27, subdivision 10, is amended to read:

 

Subd. 10.  Limited personal contributions.  A candidate who accepts a public subsidy signs an agreement under section 10A.322 may not contribute to the candidate's own campaign during a year an election cycle more than ten five times the candidate's election year cycle contribution limit under subdivision 1.

 

Sec. 45.  Minnesota Statutes 2012, section 10A.27, subdivision 11, is amended to read:

 

Subd. 11.  Contributions from certain types of contributors.  A candidate must not permit the candidate's principal campaign committee to accept a contribution from a political committee, political fund, lobbyist, or large contributor, or association not registered with the board if the contribution will cause the aggregate contributions from those types of contributors to exceed an amount equal to 20 percent of the expenditure limits for the office sought by the candidate, provided that the 20 percent limit must be rounded to the nearest $100.  For purposes of this subdivision, "large contributor" means an individual, other than the candidate, who contributes an amount that is more than $100 and more than one-half the amount an individual may contribute.

 

Sec. 46.  Minnesota Statutes 2012, section 10A.27, subdivision 13, is amended to read:

 

Subd. 13.  Unregistered association limit; statement; penalty.  (a) The treasurer of a political committee, political fund, principal campaign committee, or party unit must not accept a contribution of more than $100 $200 from an association not registered under this chapter unless the contribution is accompanied by a written statement that meets the disclosure and reporting period requirements imposed by section 10A.20.  This statement must be certified as true and correct by an officer of the contributing association.  The committee, fund, or party unit that accepts the contribution must include a copy of the statement with the report that discloses the contribution to the board.  This subdivision does not apply when a national political party contributes money to its affiliate in this state.

 

(b) An unregistered association may provide the written statement required by this subdivision to no more than three committees, funds, or party units in a calendar year.  Each statement must cover at least the 30 days immediately preceding and including the date on which the contribution was made.  An unregistered association or an officer of it is subject to a civil penalty imposed by the board of up to $1,000, if the association or its officer:

 

(1) fails to provide a written statement as required by this subdivision; or

 

(2) fails to register after giving the written statement required by this subdivision to more than three committees, funds, or party units in a calendar year.

 

(c) The treasurer of a political committee, political fund, principal campaign committee, or party unit who accepts a contribution in excess of $100 $200 from an unregistered association without the required written disclosure statement is subject to a civil penalty up to four times the amount in excess of $100 $200.

 

(d) This subdivision does not apply:

 

(1) when a national political party contributes money to its state committee; or

 

(2) to purchases by candidates for federal office of tickets to events or space rental at events held by party units in this state (i) if the geographical area represented by the party unit includes any part of the geographical area of the office that the federal candidate is seeking and (ii) the purchase price is not more than that paid by other attendees or renters of similar spaces.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4544

Sec. 47.  Minnesota Statutes 2012, section 10A.27, subdivision 14, is amended to read:

 

Subd. 14.  Contributions of business revenue.  An association may, if not prohibited by other law, contribute revenue from the operation of a business to an independent expenditure or ballot question political committee or an independent expenditure political fund without complying with subdivision 13.

 

Sec. 48.  Minnesota Statutes 2012, section 10A.27, subdivision 15, is amended to read:

 

Subd. 15.  Contributions of dues or contribution revenue or use of general treasury money.  (a) An association may, if not prohibited by other law, contribute revenue from membership dues or fees, or from contributions received by the association its general treasury money to an independent expenditure or ballot question political committee or an independent expenditure political fund, including its own independent expenditure or ballot question political committee or fund, without complying with subdivision 13.

 

(b) Before the day when the recipient committee or fund's next report must be filed with the board under section 10A.20, subdivision 2 or 5, an association that has contributed more than $5,000 or more in aggregate to independent expenditure political committees or funds during the calendar year or has contributed more than $5,000 in aggregate to ballot question political committees or funds during the calendar year must provide in writing to the recipient's treasurer a statement that includes the name, address, and amount attributable to each individual or association person that paid the association dues or fees, or made contributions donations to the association that, in total, aggregate more than $1,000 or more $5,000 of the contribution from the association to the independent expenditure or ballot question political committee or fund.  The statement must also include the total amount of the contribution from individuals or associations attributable to persons not subject to itemization under this section.  The statement must be certified as true and correct by an officer of the donor association.

 

(b) (c) To determine the amount of membership dues or fees, or contributions donations made by an individual or association that exceed $1,000 of the contribution made by the donor association a person to an association and attributable to the association's contribution to the independent expenditure or ballot question political committee or fund, the donor association must:

 

(1) apply a pro rata calculation to all unrestricted dues, fees, and contributions received by the donor association in the calendar year; or

 

(2) as provided in paragraph (c) (d), identify the specific individuals or associations whose dues, fees, or contributions are included in the contribution to the independent expenditure political committee or fund.

 

(c) (d) Dues, fees, or contributions from an individual or association must be identified in a contribution to an independent expenditure political committee or fund under paragraph (b) (c), clause (2), if:

 

(1) the individual or association has specifically authorized the donor association to use the individual's or association's dues, fees, or contributions for this purpose; or

 

(2) the individual's or association's dues, fees, or contributions to the donor association are unrestricted and the donor association designates them as the source of the subject contribution to the independent expenditure political committee or fund.

 

(e) After a portion of an individual's or association's dues, fees, or contributions to the donor association have the general treasury money received by an association from a person has been designated as the source of a contribution to an independent expenditure or ballot question political committee or fund, that portion of the individual's or association's dues, fees, or contributions to the donor association association's general treasury money received from that person may not be designated as the source of any other contribution to an independent expenditure or ballot question political committee or fund.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4545

(d) For the purposes of this section, "donor association" means the association contributing to an independent expenditure political committee or fund that is required to provide a statement under paragraph (a).

 

Sec. 49.  Minnesota Statutes 2012, section 10A.323, is amended to read:

 

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

 

(a) In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that:

 

(1) between January 1 of the previous year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election the candidate has accumulated, accumulate contributions from persons individuals eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor, excluding in-kind contributions:

 

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

 

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

 

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

 

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

 

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

 

(2) the candidate or the candidate's treasurer must file an affidavit with the board stating that the principal campaign committee has complied with this paragraph.  The affidavit must state the total amount of contributions that have been received from persons individuals eligible to vote in this state, disregarding excluding:

 

(i) the portion of any contribution in excess of $50.;

 

(ii) any in-kind contribution; and

 

(iii) any contribution for which the name and address of the contributor is not known and recorded; and

 

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

 

(b) A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must accumulate the contributions specified in paragraph (a) and must submit the affidavit required by this section to the board within five days after the close of the filing period for the special election for which the candidate filed.

 

Sec. 50.  Minnesota Statutes 2012, section 211B.32, subdivision 1, is amended to read:

 

Subdivision 1.  Administrative remedy; exhaustion.  (a) Except as provided in paragraph (b), a complaint alleging a violation of chapter 211A or 211B must be filed with the office.  The complaint must be finally disposed of by the office before the alleged violation may be prosecuted by a county attorney.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4546

(b) Complaints arising under those sections and related to those individuals and associations specified in section 10A.02, subdivision 11, paragraph (a), must be filed with the Campaign Finance and Public Disclosure Board.

 

Sec. 51.  REPEALER.

 

Minnesota Statutes 2012, sections 10A.24; 10A.242; and 10A.25, subdivision 6, are repealed.

 

Sec. 52.  EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

      Delete the title and insert:

 

      "A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; providing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 27, 28, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 2, 3; 10A.20, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 10A.241; 10A.25, subdivisions 2, 2a, 3; 10A.257, subdivision 1; 10A.27, subdivisions 1, 10, 11, 13, 14, 15; 10A.323; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hansen moved to amend S. F. No. 661, the fourth engrossment, as amended, as follows:

 

Page 20, after line 21, insert:

 

"Sec. 42.  Minnesota Statutes 2012, section 10A.25, subdivision 5, is amended to read:

 

Subd. 5.  Contested primary races.  Notwithstanding the limits imposed by subdivision 2, the winning candidate in a contested race in a primary who received fewer than twice three times as many votes as any one of the candidate's opponents in that primary may make expenditures and permit approved expenditures to be made on behalf of the candidate equal to 120 130 percent of the applicable limit as set forth in subdivision 2, but no more than 100 percent of the limit until after the primary."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hansen and Winkler moved to amend S. F. No. 661, the fourth engrossment, as amended, as follows:

 

Page 1, after line 13, insert:

 

"ARTICLE 1

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE"

 

Page 25, line 27, delete "act" and insert "article"


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4547

Page 25, after line 27, insert:

 

"ARTICLE 2

PUBLIC OFFICIAL

 

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;

 

(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;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4548

(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.

 

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.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4549

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.

 

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.  Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision to read:

 

Subd. 9.  Waivers.  Upon written request and for good cause shown, the board may waive the requirement that an official disclose the address of real property that constitutes a secondary residence of the official.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4550

Sec. 7.  EFFECTIVE DATE.

 

This article is effective January 1, 2014, and apply to public officials elected or appointed to terms of office commencing on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 661, A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; expanding jurisdiction of Campaign Finance and Public Disclosure Board; expanding definition of public official; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 16, 27, 28, 35, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3, 4; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 3; 10A.16; 10A.20, subdivisions 1, 2, 3, 4, 5, 6, 7, 12, by adding a subdivision; 10A.241; 10A.242, subdivision 1; 10A.25, subdivisions 2, 2a, 3, 3a; 10A.257, subdivision 1; 10A.27, subdivisions 1, 2, 9, 10, 11, 13, 14, 15; 10A.273, subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1; 10A.322, subdivision 4; 10A.323; 10A.324, subdivision 1; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 111 yeas and 22 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Daudt

Davids

Davnie

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Gruenhagen

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Lenczewski

Lesch

Lien

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Radinovich

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen



Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4551

           Those who voted in the negative were:

 


Atkins

Barrett

Benson, M.

Cornish

Dean, M.

Drazkowski

Fabian

Green

Gunther

Hackbarth

Johnson, C.

Leidiger

Liebling

Lohmer

McDonald

Newberger

Peppin

Quam

Rosenthal

Scott

Swedzinski

Woodard


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 693 was reported to the House.

 

 

Atkins moved to amend S. F. No. 693, the first engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [540.115] ACTION CONTINUES WHERE CAUSE OF ACTION SURVIVES.

 

(a) An action does not abate by the death or other disability of a party or by the transfer of any interest therein if the cause of action survives or continues.

 

(b) Notwithstanding paragraph (a), an action against a nursing home licensed under chapter 144A, a housing with services establishment under chapter 144D, or a boarding care home licensed under Minnesota Rules, chapters 4655 and 4660, does not abate by the death or other disability of a party or by the transfer of any interest therein if the action was pending at the time of the death or disability of the party.

 

EFFECTIVE DATE.  This section is effective August 1, 2013, and applies to causes of action commenced on or after that date.

 

Sec. 2.  [540.116] CAUSES OF ACTION SURVIVING DEATH OF PARTY; BROUGHT BY OR AGAINST LEGAL REPRESENTATIVE.

 

(a) Any injury or noninjury cause of action survives the death of a party to the action.

 

(b) The personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction.  A cause of action for death by wrongful act or omission is governed by section 573.02.  Nothing in this chapter or chapter 573 shall be construed as precluding the personal representative trustee or successors in interest of the deceased party from pursuing a wrongful death action for all damages sustained before death pursuant to section 573.02 and other causes of action arising from the same occurrence including general damages suffered by a decedent before the decedent's death.

 

(c) Notwithstanding paragraph (a), an injury or noninjury cause of action against a nursing home licensed under chapter 144A, a housing with services establishment under chapter 144D, or a boarding care home licensed under Minnesota Rules, chapters 4655 and 4660, does not abate by the death of a party to the action if the action was pending at the time of the death or disability of the party.  Paragraph (b) applies to actions specified by this paragraph.

 

EFFECTIVE DATE.  This section is effective August 1, 2013, and applies to causes of action commenced on or after that date.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4552

Sec. 3.  REPEALER.

 

Minnesota Statutes 2012, sections 573.01; and 573.02, subdivision 2, are repealed.

 

EFFECTIVE DATE.  This section is effective August 1, 2013, and applies to causes of action commenced on or after that date."

 

Correct the title numbers accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 693, A bill for an act relating to civil actions; providing for the survival or continuation of an action after the death or disability of a party; proposing coding for new law in Minnesota Statutes, chapter 540; repealing Minnesota Statutes 2012, section 573.01.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 75 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Torkelson

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Abeler

Albright

Anderson, M.

Anderson, S.

Barrett

Beard

Benson, M.

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4553

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Friday, May 17, 2013 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 561; and H. F. Nos. 1823, 1297, 270, 474, 183 and 1832.

 

 

      Murphy, E., moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

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

 

 

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

 

      Davnie was excused between the hours of 8:00 p.m. and 8:35 p.m.

 

 

SUSPENSION OF RULES

 

      Murphy, E., moved that Joint Rule 2.06, relating to Conference Committees, be suspended as it relates to H. F. No. 729.  The motion prevailed.

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 745.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4554

CONFERENCE COMMITTEE REPORT ON S. F. NO. 745

 

A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; extending for six years the sunset provision for the newborn screening advisory committee; providing for accreditation of forensic laboratories; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 4; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 299A.28.

 

May 9, 2013

The Honorable Sandra L. Pappas

President of the Senate

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 745 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 745 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [13.356] PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.

 

(a) The following data on an individual collected, maintained, or received by a government entity for notification purposes or as part of a subscription list for an entity's electronic periodic publications as requested by the individual are private data on individuals:

 

(1) telephone number;

 

(2) e-mail address; and

 

(3) Internet user name, password, Internet protocol address, and any other similar data related to the individual's online account or access procedures.

 

(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a).  Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes of making a public comment, or to data in a state agency's rulemaking e-mail list.

 

(c) Data provided under paragraph (a) may only be used for the specific purpose for which the individual provided the data.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to data collected, maintained, or received before, on, or after that date.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4555

Sec. 2.  Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  As used in this section, the following terms have the meanings given them.

 

(a) "Security information" means government data the disclosure of which the responsible authority determines would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury.  "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses and, telephone numbers, e-mail or other digital addresses, Internet communication services accounts information or similar accounts information, and global positioning system locations.

 

(b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

 

(c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.

 

(d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space:  residence address, home telephone number, beginning and ending work hours, place of employment, work telephone number, and location of the parking space.

 

Sec. 3.  Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read:

 

Subd. 3.  Collection, storage, use, and dissemination of genetic information.  (a) Unless otherwise expressly provided by law, genetic information about an individual:

 

(1) may be collected by a government entity, as defined in section 13.02, subdivision 7a, or any other person only with the written informed consent of the individual;

 

(2) may be used only for purposes to which the individual has given written informed consent;

 

(3) may be stored only for a period of time to which the individual has given written informed consent; and

 

(4) may be disseminated only:

 

(i) with the individual's written informed consent; or

 

(ii) if necessary in order to accomplish purposes described by clause (2).  A consent to disseminate genetic information under item (i) must be signed and dated.  Unless otherwise provided by law, such a consent is valid for one year or for a lesser period specified in the consent.

 

(b) Newborn screening activities conducted under sections 144.125 to 144.128 are subject to paragraph (a).  Other programs and activities governed under section 144.192 are not subject to paragraph (a).

 

EFFECTIVE DATE.  This section is effective July 1, 2013.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4556

Sec. 4.  Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:

 

Subd. 2.  Public data.  (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity is public:

 

(1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;

 

(2) job title and bargaining unit; job description; education and training background; and previous work experience;

 

(3) date of first and last employment;

 

(4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

 

(5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;

 

(6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;

 

(7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and

 

(8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.

 

(b) For purposes of this subdivision, a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings.  Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the government entity, or arbitrator.  In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement.  A disciplinary action does not become public data if an arbitrator sustains a grievance and reverses all aspects of any disciplinary action.

 

(c) The government entity may display a photograph of a current or former employee to a prospective witness as part of the government entity's investigation of any complaint or charge against the employee.

 

(d) A complainant has access to a statement provided by the complainant to a government entity in connection with a complaint or charge against an employee.

 

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources.  For purposes of this paragraph, "public official" means:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4557

(1) the head of a state agency and deputy and assistant state agency heads;

 

(2) members of boards or commissions required by law to be appointed by the governor or other elective officers;

 

(3) executive or administrative heads of departments, bureaus, divisions, or institutions within state government; and

 

(4) the following employees:

 

(i) the chief administrative officer, or the individual acting in an equivalent position, in all political subdivisions;

 

(ii) individuals required to be identified by a political subdivision pursuant to section 471.701;

 

(iii) in a city with a population of more than 7,500 or a county with a population of more than 5,000, individuals in a management capacity reporting directly to the chief administrative officer or the individual acting in an equivalent position:  managers; chiefs; heads or directors of departments, divisions, bureaus, or boards; and any equivalent position; and

 

(iv) in a school district,:  business managers,; human resource directors, and; athletic directors whose duties include at least 50 percent of their time spent in administration, personnel, supervision, and evaluation; chief financial officers; directors; individuals defined as superintendents, and principals, and directors under Minnesota Rules, part 3512.0100; and in a charter school, individuals employed in comparable positions.

 

(f) Data relating to a complaint or charge against an employee identified under paragraph (e), clause (4), are public only if:

 

(1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or

 

(2) potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement with another person.

 

This paragraph and paragraph (e) do not authorize the release of data that are made not public under other law.

 

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

 

Sec. 5.  Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:

 

Subd. 14.  Maltreatment data.  (a) When a report of alleged maltreatment of a student in a school facility, as defined in section 626.556, subdivision 2, paragraph (f), is made to the commissioner of education under section 626.556, data that are relevant to a report of maltreatment and are collected by the school facility about the person alleged to have committed maltreatment must be provided to the commissioner of education upon request for purposes of an assessment or investigation of the maltreatment report.  Data received by the commissioner of education pursuant to these assessments or investigations are classified under section 626.556.

 

(b) Personnel data may be released for purposes of providing information to a parent, legal guardian, or custodian of a child under section 626.556, subdivision 7.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4558

Sec. 6.  Minnesota Statutes 2012, section 13.4965, subdivision 3, is amended to read:

 

Subd. 3.  Homestead and other applications.  The classification and disclosure of certain information collected to determine eligibility of property for a homestead or other classification or benefit are governed by section sections 273.124, subdivision subdivisions 13, 13a, 13b, 13c, and 13d; 273.1245; and 273.1315.

 

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

 

Sec. 7.  Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:

 

Subd. 2.  Department of Administration.  (a) Security features of building plans, building specifications, and building drawings of state-owned facilities and non-state-owned facilities leased by the state are classified as nonpublic data when maintained by the Department of Administration and may be shared with anyone as needed to perform duties of the commissioner.

 

(b) Data maintained by the Department of Administration that identify an individual with a disability or a family member of an individual with a disability related to services funded by the federal Assistive Technology Act, United States Code, title 29, sections 3001 to 3007, for assistive technology device demonstrations, transition training, loans, reuse, or alternative financing are private data on individuals.

 

Sec. 8.  Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:

 

Subd. 10.  Transportation service data.  Personal, medical, financial, familial, or locational information data pertaining to applicants for or users of services providing transportation for the disabled or elderly, with the exception of the name of the applicant or user of the service, are private.

 

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

 

Sec. 9.  Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to read:

 

Subd. 19.  Construction manager/general contractor data.  (a) When the Department of Transportation undertakes a construction manager/general contractor contract, as defined and authorized in sections 161.3207 to 161.3209, the provisions of this subdivision apply.

 

(b) When the commissioner of transportation solicits a request for qualifications:

 

(1) the following data are classified as protected nonpublic:

 

(i) the statement of qualifications scoring evaluation manual; and

 

(ii) the statement of qualifications evaluations;

 

(2) the statement of qualifications submitted by a potential construction manager/general contractor is classified as nonpublic data; and

 

(3) identifying information concerning the members of the Technical Review Committee is classified as private data.

 

(c) When the commissioner of transportation announces the short list of qualified construction managers/general contractors, the following data become public:

 

(1) the statement of qualifications scoring evaluation manual; and


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4559

(2) the statement of qualifications evaluations.

 

(d) When the commissioner of transportation solicits a request for proposals:

 

(1) the proposal scoring manual is classified as protected nonpublic data; and

 

(2) the following data are classified as nonpublic data:

 

(i) the proposals submitted by a potential construction manager/general contractor; and

 

(ii) the proposal evaluations.

 

(e) When the commissioner of transportation has completed the ranking of proposals and announces the selected construction manager/general contractor, the proposal evaluation score or rank and proposal evaluations become public data.

 

(f) When the commissioner of transportation conducts contract negotiations with a construction manager/general contractor, government data created, collected, stored, and maintained during those negotiations are nonpublic data until a construction manager/general contractor contract is fully executed.

 

(g) When the construction manager/general contractor contract is fully executed or when the commissioner of transportation decides to use another contract procurement process, other than the construction manager/general contractor authority, authorized under section 161.3209, subdivision 3, paragraph (b), all remaining data not already made public under this subdivision become public.

 

(h) If the commissioner of transportation rejects all responses to a request for proposals before a construction manager/general contractor contract is fully executed, all data, other than that data made public under this subdivision, retains its classification until a resolicitation of the request for proposals results in a fully executed construction manager/general contractor contract or a determination is made to abandon the project.  If a resolicitation of proposals does not occur within one year of the announcement of the request for proposals, the remaining data become public.

 

Sec. 10.  Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to read:

 

Subd. 20.  Transit customer data.  (a) Data on applicants, users, and customers of public transit collected by or through the Metropolitan Council's personalized Web services or the regional fare collection system are private data on individuals.  As used in this subdivision, the following terms have the meanings given them:

 

(1) "regional fare collection system" means the fare collection system created and administered by the council that is used for collecting fares or providing fare cards or passes for transit services which includes:

 

(i) regular route bus service within the metropolitan area and paratransit service, whether provided by the council or by other providers of regional transit service;

 

(ii) light rail transit service within the metropolitan area;

 

(iii) rideshare programs administered by the council;

 

(iv) special transportation services provided under section 473.386; and

 

(v) commuter rail service;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4560

(2) "personalized Web services" means services for which transit service applicants, users, and customers must establish a user account; and

 

(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.

 

(b) The council may disseminate data on user and customer transaction history and fare card use to government entities, organizations, school districts, educational institutions, and employers that subsidize or provide fare cards to their clients, students, or employees.  "Data on user and customer transaction history and fare card use" means:

 

(1) the date a fare card was used;

 

(2) the time a fare card was used;

 

(3) the mode of travel;

 

(4) the type of fare product used; and

 

(5) information about the date, time, and type of fare product purchased.

 

Government entities, organizations, school districts, educational institutions, and employers may use customer transaction history and fare card use data only for purposes of measuring and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.  If a user or customer requests in writing that the council limit the disclosure of transaction history and fare card use, the council may disclose only the card balance and the date a card was last used.

 

(c) The council may disseminate transit service applicant, user, and customer data to another government entity to prevent unlawful intrusion into government electronic systems, or as otherwise provided by law.

 

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

 

Sec. 11.  [144.192] TREATMENT OF BIOLOGICAL SPECIMENS AND HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH BOARDS.

 

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

 

(b) "Biological specimen" means tissue, fluids, excretions, or secretions that contain human DNA originating from an identifiable individual, either living or deceased.  Biological specimen does not include infectious agents or chemicals that are isolated from a specimen.  Nothing in this section or section 13.386 is intended to limit the commissioner's ability to collect, use, store, or disseminate such isolated infectious agents or chemicals.

 

(c) "Health data" has the meaning given in section 13.3805, subdivision 1, paragraph (a), clause (2).

 

(d) "Health oversight" means oversight of the health care system for activities authorized by law, limited to the following:

 

(1) audits;

 

(2) civil, administrative, or criminal investigations;

 

(3) inspections;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4561

(4) licensure or disciplinary actions;

 

(5) civil, administrative, or criminal proceedings or actions; and

 

(6) other activities necessary for appropriate oversight of the health care system and persons subject to such governmental regulatory programs for which biological specimens or health data are necessary for determining compliance with program standards.

 

(e) "Individual" has the meaning given in section 13.02, subdivision 8.  In addition, for a deceased individual, individual also means the representative of the decedent.

 

(f) "Person" has the meaning given in section 13.02, subdivision 10.

 

(g) "Program operations" means actions, testing, and procedures directly related to the operation of department programs, limited to the following:

 

(1) diagnostic and confirmatory testing;

 

(2) laboratory quality control assurance and improvement;

 

(3) calibration of equipment;

 

(4) evaluation and improvement of test accuracy;

 

(5) method development and validation;

 

(6) compliance with regulatory requirements; and

 

(7) continuity of operations to ensure that testing continues in the event of an emergency.

 

(h) "Public health practice" means actions related to disease, conditions, injuries, risk factors, or exposures taken to protect public health, limited to the following:

 

(1) monitoring the health status of a population;

 

(2) investigating occurrences and outbreaks;

 

(3) comparing patterns and trends;

 

(4) implementing prevention and control measures;

 

(5) conducting program evaluations and making program improvements;

 

(6) making recommendations concerning health for a population;

 

(7) preventing or controlling known or suspected diseases and injuries; and

 

(8) conducting other activities necessary to protect or improve the health of individuals and populations for which biological specimens or health data are necessary.

 

(i) "Representative of the decedent" has the meaning given in section 13.10, subdivision 1, paragraph (c).


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4562

(j) "Research" means activities that are not program operations, public health practice, or health oversight and is otherwise defined in Code of Federal Regulations, title 45, part 46, subpart A, section 46.102(d).

 

Subd. 2.  Collection, use, storage, and dissemination.  (a) The commissioner may collect, use, store, and disseminate biological specimens and health data, genetic or other, as provided in this section and as authorized under any other provision of applicable law, including any rules adopted on or before June 30, 2013.  Any rules adopted after June 30, 2013, must be consistent with the requirements of this section.

 

(b) The provisions in this section supplement other provisions of law and do not supersede or repeal other provisions of law applying to the collection, use, storage, or dissemination of biological specimens or health data.

 

(c) For purposes of this section, genetic information is limited to biological specimens and health data.

 

Subd. 3.  Biological specimens and health data for program operations, public health practice, and health oversight.  (a) The commissioner may collect, use, store, and disseminate biological specimens and health data to conduct program operations activities, public health practice activities, and health oversight activities.  Unless required under other applicable law, consent of an individual is not required under this subdivision.

 

(b) With the approval of the commissioner, biological specimens may be disseminated to establish a diagnosis, to provide treatment, to identify persons at risk of illness, or to conduct an epidemiologic investigation to control or prevent the spread of serious disease, or to diminish an imminent threat to the public health.

 

(c) For purposes of Clinical Laboratory Improvement Amendments proficiency testing, the commissioner may disseminate de-identified biological specimens to state public health laboratories that agree, pursuant to contract, not to attempt to re-identify the biological specimens.

 

(d) Health data may be disseminated as provided in section 13.3805, subdivision 1, paragraph (b).

 

Subd. 4.  Research.  The commissioner may collect, use, store, and disseminate biological specimens and health data to conduct research in a manner that is consistent with the federal common rule for the protection of human subjects in Code of Federal Regulations, title 45, part 46.

 

Subd. 5.  Storage of biological specimens and health data according to storage schedules.  (a) The commissioner shall store health data according to section 138.17.

 

(b) The commissioner shall store biological specimens according to a specimen storage schedule.  The commissioner shall develop the storage schedule by July 1, 2013, and post it on the department's Web site.

 

Subd. 6.  Secure storage of biological specimens.  The commissioner shall establish appropriate security safeguards for the storage of biological specimens, with regard for the privacy of the individuals from whom the biological specimens originated, and store the biological specimens accordingly.  When a biological specimen is disposed of, it must be destroyed in a way that prevents determining the identity of the individual from whom it originated.

 

Subd. 7.  Applicability to health boards.  The provisions of subdivisions 2; 3, paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also apply to boards of health and community health boards organized under chapter 145A.  These boards may also disseminate health data pursuant to section 13.3805, subdivision 1, paragraph (b), clause (2).

 

EFFECTIVE DATE.  This section is effective July 1, 2013.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4563

Sec. 12.  [144.193] INVENTORY OF BIOLOGICAL AND HEALTH DATA.

 

By February 1, 2014, and annually after that date, the commissioner shall prepare an inventory of biological specimens, registries, and health data and databases collected or maintained by the commissioner.  In addition to the inventory, the commissioner shall provide the schedules for storage of health data and biological specimens.  The inventories must be listed in reverse chronological order beginning with the year 2012.  The commissioner shall make the inventory and schedules available on the department's Web site and submit the inventory and schedules to the chairs and ranking minority members of the committees of the legislature with jurisdiction over health policy and data practices issues.

 

Sec. 13.  Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:

 

Subd. 2.  Newborn Hearing Screening Advisory Committee.  (a) The commissioner of health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist the Department of Health and the Department of Education in:

 

(1) developing protocols and timelines for screening, rescreening, and diagnostic audiological assessment and early medical, audiological, and educational intervention services for children who are deaf or hard-of-hearing;

 

(2) designing protocols for tracking children from birth through age three that may have passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;

 

(3) designing a technical assistance program to support facilities implementing the screening program and facilities conducting rescreening and diagnostic audiological assessment;

 

(4) designing implementation and evaluation of a system of follow-up and tracking; and

 

(5) evaluating program outcomes to increase effectiveness and efficiency and ensure culturally appropriate services for children with a confirmed hearing loss and their families.

 

(b) The commissioner of health shall appoint at least one member from each of the following groups with no less than two of the members being deaf or hard-of-hearing:

 

(1) a representative from a consumer organization representing culturally deaf persons;

 

(2) a parent with a child with hearing loss representing a parent organization;

 

(3) a consumer from an organization representing oral communication options;

 

(4) a consumer from an organization representing cued speech communication options;

 

(5) an audiologist who has experience in evaluation and intervention of infants and young children;

 

(6) a speech-language pathologist who has experience in evaluation and intervention of infants and young children;

 

(7) two primary care providers who have experience in the care of infants and young children, one of which shall be a pediatrician;

 

(8) a representative from the early hearing detection intervention teams;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4564

(9) a representative from the Department of Education resource center for the deaf and hard-of-hearing or the representative's designee;

 

(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans;

 

(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing Services Division;

 

(12) one or more of the Part C coordinators from the Department of Education, the Department of Health, or the Department of Human Services or the department's designees;

 

(13) the Department of Health early hearing detection and intervention coordinators;

 

(14) two birth hospital representatives from one rural and one urban hospital;

 

(15) a pediatric geneticist;

 

(16) an otolaryngologist;

 

(17) a representative from the Newborn Screening Advisory Committee under this subdivision; and

 

(18) a representative of the Department of Education regional low-incidence facilitators.

 

The commissioner must complete the appointments required under this subdivision by September 1, 2007.

 

(c) The Department of Health member shall chair the first meeting of the committee.  At the first meeting, the committee shall elect a chair from its membership.  The committee shall meet at the call of the chair, at least four times a year.  The committee shall adopt written bylaws to govern its activities.  The Department of Health shall provide technical and administrative support services as required by the committee.  These services shall include technical support from individuals qualified to administer infant hearing screening, rescreening, and diagnostic audiological assessments.

 

Members of the committee shall receive no compensation for their service, but shall be reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as members of the committee.

 

(d) By February 15, 2015, and by February 15 of the odd-numbered years after that date, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and data privacy on the activities of the committee that have occurred during the past two years.

 

(d) (e) This subdivision expires June 30, 2013 2019.

 

EFFECTIVE DATE.  This section is effective July 1, 2013.

 

Sec. 14.  Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read:

 

Subd. 3.  Early hearing detection and intervention programs.  All hospitals shall establish an early hearing detection and intervention (EHDI) program.  Each EHDI program shall:

 

(1) in advance of any hearing screening testing, provide to the newborn's or infant's parents or parent information concerning the nature of the screening procedure, applicable costs of the screening procedure, the potential risks and effects of hearing loss, and the benefits of early detection and intervention;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4565

(2) comply with parental consent election as described under section 144.125, subdivision 3 4;

 

(3) develop policies and procedures for screening and rescreening based on Department of Health recommendations;

 

(4) provide appropriate training and monitoring of individuals responsible for performing hearing screening tests as recommended by the Department of Health;

 

(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to remain in the hospital for a prolonged period, testing shall be performed prior to three months of age or when medically feasible;

 

(6) develop and implement procedures for documenting the results of all hearing screening tests;

 

(7) inform the newborn's or infant's parents or parent, primary care physician, and the Department of Health according to recommendations of the Department of Health of the results of the hearing screening test or rescreening if conducted, or if the newborn or infant was not successfully tested.  The hospital that discharges the newborn or infant to home is responsible for the screening; and

 

(8) collect performance data specified by the Department of Health.

 

EFFECTIVE DATE.  This section is effective July 1, 2013.

 

Sec. 15.  Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read:

 

Subd. 4.  Notification and information; data retention and destruction.  (a) Notification to the parents or parent, primary care provider, and the Department of Health shall occur prior to discharge or no later than ten days following the date of testing.  Notification shall include information recommended by the Department of Health and information regarding the right of the parent or legal guardian to discontinue storage of the test results and require destruction under paragraph (d).

 

(b) A physician, nurse, midwife, or other health professional attending a birth outside a hospital or institution shall provide information, orally and in writing, as established by the Department of Health, to parents regarding places where the parents may have their infant's hearing screened and the importance of the screening.

 

(c) The professional conducting the diagnostic procedure to confirm the hearing loss must report the results to the parents, primary care provider, and Department of Health according to the Department of Health recommendations.

 

(d) The Department of Health may store hearing screening and rescreening test results for a period of time not to exceed 18 years from the infant's date of birth.

 

(e) Notwithstanding paragraph (d), a parent or legal guardian may instruct the Department of Health to discontinue storing hearing screening and rescreening test results by providing a signed and dated form requesting destruction of the test results.  The Department of Health shall make necessary forms available on the department's Web site.  If a parent or legal guardian instructs the Department of Health to discontinue storing hearing screening and rescreening test results, the Department of Health shall destroy the test results within one month of receipt of the instruction or within 25 months after it received the last test result, whichever is later.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4566

Sec. 16.  Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision to read:

 

Subd. 8.  Construction.  Notwithstanding anything to the contrary, nothing in this section shall be construed as constituting newborn screening activities conducted under sections 144.125 to 144.128.  Data collected by or submitted to the Department of Health pursuant to this section is not genetic information for purposes of section 13.386.

 

EFFECTIVE DATE.  This section is effective July 1, 2013.

 

Sec. 17.  Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read:

 

Subd. 1a.  Filing photograph or image; data classification.  The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses or Minnesota identification cards.  The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12.  Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects.  The use of the files is restricted:

 

(1) to the issuance and control of drivers' licenses;

 

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons, investigation and preparation of cases for criminal, juvenile, and traffic court, and supervision of offenders;

 

(3) to public defenders, as defined in section 611.272, for the investigation and preparation of cases for criminal, juvenile, and traffic courts; and

 

(4) to child support enforcement purposes under section 256.978; and

 

(5) to a county medical examiner or coroner as required by section 390.005 as necessary to fulfill the duties under sections 390.11 and 390.25.

 

Sec. 18.  Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:

 

Subd. 4.  Procedures.  (a) The Department of Corrections shall adopt procedures to provide for the orderly collection, entry, retrieval, and deletion of data contained in the statewide supervision system.

 

(b) The Department of Corrections shall establish and implement audit requirements to ensure that authorized users comply with applicable data practices laws governing access to and use of the data.

 

Sec. 19.  Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:

 

Subdivision 1.  Use of data.  (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05.  A subpoena is not considered a district court order.  These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

 

(1) state and federal agencies specifically authorized access to the data by state or federal law;

 

(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4567

(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;

 

(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 256.978;

 

(5) human rights agencies within Minnesota that have enforcement powers;

 

(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;

 

(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

 

(8) the Department of Labor and Industry and the Division of Insurance Fraud Prevention in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;

 

(9) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps or food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;

 

(10) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

 

(11) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

 

(12) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;

 

(13) the Department of Health for the purposes of epidemiologic investigations;

 

(14) the Department of Corrections for the purpose of case planning for preprobation and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders for the purpose of case planning; and

 

(15) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201.

 

(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

 

(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4568

Sec. 20.  Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:

 

Subd. 13.  Homestead application.  (a) A person who meets the homestead requirements under subdivision 1 must file a homestead application with the county assessor to initially obtain homestead classification.

 

(b) The format and contents of a uniform homestead application shall be prescribed by the commissioner of revenue.  The application must clearly inform the taxpayer that this application must be signed by all owners who occupy the property or by the qualifying relative and returned to the county assessor in order for the property to receive homestead treatment.

 

(c) Every property owner applying for homestead classification must furnish to the county assessor the Social Security number of each occupant who is listed as an owner of the property on the deed of record, the name and address of each owner who does not occupy the property, and the name and Social Security number of each owner's spouse who occupies the property.  The application must be signed by each owner who occupies the property and by each owner's spouse who occupies the property, or, in the case of property that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.

 

If a property owner occupies a homestead, the property owner's spouse may not claim another property as a homestead unless the property owner and the property owner's spouse file with the assessor an affidavit or other proof required by the assessor stating that the property qualifies as a homestead under subdivision 1, paragraph (e).

 

Owners or spouses occupying residences owned by their spouses and previously occupied with the other spouse, either of whom fail to include the other spouse's name and Social Security number on the homestead application or provide the affidavits or other proof requested, will be deemed to have elected to receive only partial homestead treatment of their residence.  The remainder of the residence will be classified as nonhomestead residential.  When an owner or spouse's name and Social Security number appear on homestead applications for two separate residences and only one application is signed, the owner or spouse will be deemed to have elected to homestead the residence for which the application was signed.

 

The Social Security numbers, state or federal tax returns or tax return information, including the federal income tax schedule F required by this section, or affidavits or other proofs of the property owners and spouses submitted under this or another section to support a claim for a property tax homestead classification are private data on individuals as defined by section 13.02, subdivision 12, but, notwithstanding that section, the private data may be disclosed to the commissioner of revenue, or, for purposes of proceeding under the Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.

 

(d) If residential real estate is occupied and used for purposes of a homestead by a relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in order for the property to receive homestead status, a homestead application must be filed with the assessor.  The Social Security number of each relative and spouse of a relative occupying the property shall be required on the homestead application filed under this subdivision.  If a different relative of the owner subsequently occupies the property, the owner of the property must notify the assessor within 30 days of the change in occupancy.  The Social Security number of a relative or relative's spouse occupying the property is private data on individuals as defined by section 13.02, subdivision 12, but may be disclosed to the commissioner of revenue, or, for the purposes of proceeding under the Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.

 

(e) The homestead application shall also notify the property owners that the application filed under this section will not be mailed annually and that if the property is granted homestead status for any assessment year, that same property shall remain classified as homestead until the property is sold or transferred to another person, or the owners, the spouse of the owner, or the relatives no longer use the property as their homestead.  Upon the sale or transfer of the homestead property, a certificate of value must be timely filed with the county auditor as provided


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4569

under section 272.115.  Failure to notify the assessor within 30 days that the property has been sold, transferred, or that the owner, the spouse of the owner, or the relative is no longer occupying the property as a homestead, shall result in the penalty provided under this subdivision and the property will lose its current homestead status.

 

(f) If the homestead application is not returned within 30 days, the county will send a second application to the present owners of record.  The notice of proposed property taxes prepared under section 275.065, subdivision 3, shall reflect the property's classification.  If a homestead application has not been filed with the county by December 15, the assessor shall classify the property as nonhomestead for the current assessment year for taxes payable in the following year, provided that the owner may be entitled to receive the homestead classification by proper application under section 375.192.

 

Subd. 13a.  Occupant list.  (g) At the request of the commissioner, each county must give the commissioner a list that includes the name and Social Security number of each occupant of homestead property who is the property owner, property owner's spouse, qualifying relative of a property owner, or a spouse of a qualifying relative.  The commissioner shall use the information provided on the lists as appropriate under the law, including for the detection of improper claims by owners, or relatives of owners, under chapter 290A.

 

Subd. 13b.  Improper homestead.  (h) (a) If the commissioner finds that a property owner may be claiming a fraudulent homestead, the commissioner shall notify the appropriate counties.  Within 90 days of the notification, the county assessor shall investigate to determine if the homestead classification was properly claimed.  If the property owner does not qualify, the county assessor shall notify the county auditor who will determine the amount of homestead benefits that had been improperly allowed.  For the purpose of this section subdivision, "homestead benefits" means the tax reduction resulting from the classification as a homestead under section 273.13, the taconite homestead credit under section 273.135, the residential homestead and agricultural homestead credits under section 273.1384, and the supplemental homestead credit under section 273.1391.

 

The county auditor shall send a notice to the person who owned the affected property at the time the homestead application related to the improper homestead was filed, demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent of the homestead benefits.  The person notified may appeal the county's determination by serving copies of a petition for review with county officials as provided in section 278.01 and filing proof of service as provided in section 278.01 with the Minnesota Tax Court within 60 days of the date of the notice from the county.  Procedurally, the appeal is governed by the provisions in chapter 271 which apply to the appeal of a property tax assessment or levy, but without requiring any prepayment of the amount in controversy.  If the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal has been filed, the county auditor shall certify the amount of taxes and penalty to the county treasurer.  The county treasurer will add interest to the unpaid homestead benefits and penalty amounts at the rate provided in section 279.03 for real property taxes becoming delinquent in the calendar year during which the amount remains unpaid.  Interest may be assessed for the period beginning 60 days after demand for payment was made.

 

If the person notified is the current owner of the property, the treasurer may add the total amount of homestead benefits, penalty, interest, and costs to the ad valorem taxes otherwise payable on the property by including the amounts on the property tax statements under section 276.04, subdivision 3.  The amounts added under this paragraph to the ad valorem taxes shall include interest accrued through December 31 of the year preceding the taxes payable year for which the amounts are first added.  These amounts, when added to the property tax statement, become subject to all the laws for the enforcement of real or personal property taxes for that year, and for any subsequent year.

 

If the person notified is not the current owner of the property, the treasurer may collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent tax obligations of the person who owned the property at the time the application related to the improperly allowed homestead was filed.  The treasurer may relieve a prior owner of personal liability for the homestead


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4570

benefits, penalty, interest, and costs, and instead extend those amounts on the tax lists against the property as provided in this paragraph to the extent that the current owner agrees in writing.  On all demands, billings, property tax statements, and related correspondence, the county must list and state separately the amounts of homestead benefits, penalty, interest and costs being demanded, billed or assessed.

 

(i) (b) Any amount of homestead benefits recovered by the county from the property owner shall be distributed to the county, city or town, and school district where the property is located in the same proportion that each taxing district's levy was to the total of the three taxing districts' levy for the current year.  Any amount recovered attributable to taconite homestead credit shall be transmitted to the St. Louis County auditor to be deposited in the taconite property tax relief account.  Any amount recovered that is attributable to supplemental homestead credit is to be transmitted to the commissioner of revenue for deposit in the general fund of the state treasury.  The total amount of penalty collected must be deposited in the county general fund.

 

(j) (c) If a property owner has applied for more than one homestead and the county assessors cannot determine which property should be classified as homestead, the county assessors will refer the information to the commissioner.  The commissioner shall make the determination and notify the counties within 60 days.

 

Subd. 13c.  Property lists.  (k) In addition to lists of homestead properties, the commissioner may ask the counties to furnish lists of all properties and the record owners.  The Social Security numbers and federal identification numbers that are maintained by a county or city assessor for property tax administration purposes, and that may appear on the lists retain their classification as private or nonpublic data; but may be viewed, accessed, and used by the county auditor or treasurer of the same county for the limited purpose of assisting the commissioner in the preparation of microdata samples under section 270C.12.  The commissioner shall use the information provided on the lists as appropriate under the law, including for the detection of improper claims by owners, or relatives of owners, under chapter 290A.

 

Subd. 13d.  Homestead data.  (l) On or before April 30 each year beginning in 2007, each county must provide the commissioner with the following data for each parcel of homestead property by electronic means as defined in section 289A.02, subdivision 8:

 

(i) (1) the property identification number assigned to the parcel for purposes of taxes payable in the current year;

 

(ii) (2) the name and Social Security number of each occupant of homestead property who is the property owner, property owner's spouse, qualifying relative of a property owner, or spouse of a qualifying relative;

 

(iii) (3) the classification of the property under section 273.13 for taxes payable in the current year and in the prior year;

 

(iv) (4) an indication of whether the property was classified as a homestead for taxes payable in the current year because of occupancy by a relative of the owner or by a spouse of a relative;

 

(v) (5) the property taxes payable as defined in section 290A.03, subdivision 13, for the current year and the prior year;

 

(vi) (6) the market value of improvements to the property first assessed for tax purposes for taxes payable in the current year;

 

(vii) (7) the assessor's estimated market value assigned to the property for taxes payable in the current year and the prior year;

 

(viii) (8) the taxable market value assigned to the property for taxes payable in the current year and the prior year;

 

(ix) (9) whether there are delinquent property taxes owing on the homestead;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4571

(x) (10) the unique taxing district in which the property is located; and

 

(xi) (11) such other information as the commissioner decides is necessary.

 

The commissioner shall use the information provided on the lists as appropriate under the law, including for the detection of improper claims by owners, or relatives of owners, under chapter 290A.

 

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

 

Sec. 21.  [273.1245] CLASSIFICATION OF DATA.

 

Subdivision 1.  Private or nonpublic data.  The following data are private or nonpublic data as defined in section 13.02, subdivisions 9 and 12, when they are submitted to a county or local assessor under section 273.124, 273.13, or another section, to support a claim for the property tax homestead classification under section 273.13, or other property tax classification or benefit:

 

(1) Social Security numbers;

 

(2) copies of state or federal income tax returns; and

 

(3) state or federal income tax return information, including the federal income tax schedule F.

 

Subd. 2.  Disclosure.  The assessor shall disclose the data described in subdivision 1 to the commissioner of revenue as provided by law.  The assessor shall also disclose all or portions of the data described in subdivision 1 to the county treasurer solely for the purpose of proceeding under the Revenue Recapture Act to recover personal property taxes owing.

 

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

 

Sec. 22.  Minnesota Statutes 2012, section 273.1315, subdivision 1, is amended to read:

 

Subdivision 1.  Class 1b homestead declaration before 2009.  Any property owner seeking classification and assessment of the owner's homestead as class 1b property pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2008, shall file with the commissioner of revenue a 1b homestead declaration, on a form prescribed by the commissioner.  The declaration shall contain the following information:

 

(a) (1) the information necessary to verify that on or before June 30 of the filing year, the property owner or the owner's spouse satisfies the requirements of section 273.13, subdivision 22, paragraph (b), for 1b classification; and

 

(b) (2) any additional information prescribed by the commissioner.

 

The declaration must be filed on or before October 1 to be effective for property taxes payable during the succeeding calendar year.  The declaration and any supplementary information received from the property owner pursuant to this subdivision shall be subject to chapter 270B.  If approved by the commissioner, the declaration remains in effect until the property no longer qualifies under section 273.13, subdivision 22, paragraph (b).  Failure to notify the commissioner within 30 days that the property no longer qualifies under that paragraph because of a sale, change in occupancy, or change in the status or condition of an occupant shall result in the penalty provided in section 273.124, subdivision 13 13b, computed on the basis of the class 1b benefits for the property, and the property shall lose its current class 1b classification.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4572

The commissioner shall provide to the assessor on or before November 1 a listing of the parcels of property qualifying for 1b classification.

 

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

 

Sec. 23.  Minnesota Statutes 2012, section 273.1315, subdivision 2, is amended to read:

 

Subd. 2.  Class 1b homestead declaration 2009 and thereafter.  (a) Any property owner seeking classification and assessment of the owner's homestead as class 1b property pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2008, shall file with the county assessor a class 1b homestead declaration, on a form prescribed by the commissioner of revenue.  The declaration must contain the following information:

 

(1) the information necessary to verify that, on or before June 30 of the filing year, the property owner or the owner's spouse satisfies the requirements of section 273.13, subdivision 22, paragraph (b), for class 1b classification; and

 

(2) any additional information prescribed by the commissioner.

 

(b) The declaration must be filed on or before October 1 to be effective for property taxes payable during the succeeding calendar year.  The Social Security numbers and income and medical information received from the property owner pursuant to this subdivision are private data on individuals as defined in section 13.02.  If approved by the assessor, the declaration remains in effect until the property no longer qualifies under section 273.13, subdivision 22, paragraph (b).  Failure to notify the assessor within 30 days that the property no longer qualifies under that paragraph because of a sale, change in occupancy, or change in the status or condition of an occupant shall result in the penalty provided in section 273.124, subdivision 13 13b, computed on the basis of the class 1b benefits for the property, and the property shall lose its current class 1b classification.

 

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

 

Sec. 24.  Minnesota Statutes 2012, section 290A.25, is amended to read:

 

290A.25 VERIFICATION OF SOCIAL SECURITY NUMBERS.

 

Annually, the commissioner of revenue shall furnish a list to the county assessor containing the names and Social Security numbers of persons who have applied for both homestead classification under section 273.13 and a property tax refund as a renter under this chapter.

 

Within 90 days of the notification, the county assessor shall investigate to determine if the homestead classification was improperly claimed.  If the property owner does not qualify, the county assessor shall notify the county auditor who will determine the amount of homestead benefits that has been improperly allowed.  For the purpose of this section, "homestead benefits" has the meaning given in section 273.124, subdivision 13, paragraph (h) 13b.  The county auditor shall send a notice to persons who owned the affected property at the time the homestead application related to the improper homestead was filed, demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent of the homestead benefits.  The person notified may appeal the county's determination with the Minnesota Tax Court within 60 days of the date of the notice from the county as provided in section 273.124, subdivision 13, paragraph (h) 13b.

 

If the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal has been filed, the county auditor shall certify the amount of taxes and penalty to the county treasurer.  The county treasurer will add interest to the unpaid homestead benefits and penalty amounts at the rate provided for delinquent personal property taxes for the period beginning 60 days after demand for payment was made until payment.  If the person notified is


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4573

the current owner of the property, the treasurer may add the total amount of benefits, penalty, interest, and costs to the real estate taxes otherwise payable on the property in the following year.  If the person notified is not the current owner of the property, the treasurer may collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those amounts were delinquent tax obligations of the person who owned the property at the time the application related to the improperly allowed homestead was filed.  The treasurer may relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and instead extend those amounts on the tax lists against the property for taxes payable in the following year to the extent that the current owner agrees in writing.

 

Any amount of homestead benefits recovered by the county from the property owner shall be distributed to the county, city or town, and school district where the property is located in the same proportion that each taxing district's levy was to the total of the three taxing districts' levy for the current year.  Any amount recovered attributable to taconite homestead credit shall be transmitted to the St. Louis County auditor to be deposited in the taconite property tax relief account.  Any amount recovered that is attributable to supplemental homestead credit is to be transmitted to the commissioner of revenue for deposit in the general fund of the state treasury.  The total amount of penalty collected must be deposited in the county general fund.

 

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

 

Sec. 25.  Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:

 

Subdivision 1.  Identification data other than DNA.  (a) Each sheriff and chief of police shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data as may be requested or required by the superintendent of the bureau, which must be taken under the provisions of section 299C.10.  In addition, sheriffs and chiefs of police shall furnish this identification data to the bureau for individuals found to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding their arrest.  When the bureau learns that an individual who is the subject of a background check has used, or is using, identifying information, including, but not limited to, name and date of birth, other than those listed on the criminal history, the bureau may add the new identifying information to the criminal history when supported by fingerprints.

 

(b) No petition under chapter 609A is required if the person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person, and either of the following occurred:

 

(1) all charges were dismissed prior to a determination of probable cause; or

 

(2) the prosecuting authority declined to file any charges and a grand jury did not return an indictment.

 

Where these conditions are met, the bureau or agency shall, upon demand, return to destroy the arrested person person's finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them.

 

(c) Except as otherwise provided in paragraph (b), upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them if the arrested person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4574

Sec. 26.  Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; interconnection.  The commissioner of public safety shall establish a criminal justice data communications network which that will enable the interconnection of the criminal justice agencies within the state provide secure access to systems and services available from or through the Bureau of Criminal Apprehension.  The commissioner of public safety is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications network.

 

Sec. 27.  Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:

 

Subd. 2.  Criminal justice agency defined.  For the purposes of sections 299C.46 to 299C.49, "criminal justice agency" means an agency of the state or an agency of a political subdivision or the federal government charged with detection, enforcement, prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this state.  This definition also includes all sites identified and licensed as a detention facility by the commissioner of corrections under section 241.021 and those federal agencies that serve part or all of the state from an office located outside the state.

 

Sec. 28.  Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:

 

Subd. 2a.  Noncriminal justice agency defined.  For the purposes of sections 299C.46 to 299C.49, "noncriminal justice agency" means an agency of a the state or an agency of a political subdivision of a the state charged with the responsibility of performing checks of state databases connected to the criminal justice data communications network.

 

Sec. 29.  Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:

 

Subd. 3.  Authorized use, fee.  (a) The criminal justice data communications network shall be used exclusively by:

 

(1) criminal justice agencies in connection with the performance of duties required by law;

 

(2) agencies investigating federal security clearances of individuals for assignment or retention in federal employment with duties related to national security, as required by Public Law 99-169 United States Code, title 5, section 9101;

 

(3) other agencies to the extent necessary to provide for protection of the public or property in an a declared emergency or disaster situation;

 

(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct checks into state databases prior to disbursing licenses or providing benefits;

 

(5) the public authority responsible for child support enforcement in connection with the performance of its duties;

 

(6) the public defender, as provided in section 611.272; and

 

(7) a county attorney or the attorney general, as the county attorney's designee, for the purpose of determining whether a petition for the civil commitment of a proposed patient as a sexual psychopathic personality or as a sexually dangerous person should be filed, and during the pendency of the commitment proceedings;

 

(8) an agency of the state or a political subdivision whose access to systems or services provided from or through the bureau is specifically authorized by federal law or regulation or state statute; and


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4575

(9) a court for access to data as authorized by federal law or regulation or state statute and related to the disposition of a pending case.

 

(b) The commissioner of public safety shall establish a monthly network access charge to be paid by each participating criminal justice agency.  The network access charge shall be a standard fee established for each terminal, computer, or other equipment directly addressable by the data communications network, as follows:  January 1, 1984 to December 31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per month.

 

(c) The commissioner of public safety is authorized to arrange for the connection of the data communications network with the criminal justice information system of the federal government, any adjacent state, or Canada country for the secure exchange of information for any of the purposes authorized in paragraph (a), clauses (1), (2), (3), (8) and (9).

 

(d) Prior to establishing a secure connection, a criminal justice agency that is not part of the Minnesota judicial branch must:

 

(1) agree to comply with all applicable policies governing access to, submission of or use of the data and Minnesota law governing the classification of the data;

 

(2) meet the bureau's security requirements;

 

(3) agree to pay any required fees; and

 

(4) conduct fingerprint-based state and national background checks on its employees and contractors as required by the Federal Bureau of Investigation.

 

(e) Prior to establishing a secure connection, a criminal justice agency that is part of the Minnesota judicial branch must:

 

(1) agree to comply with all applicable policies governing access to, submission of, or use of the data and Minnesota law governing the classification of the data to the extent applicable and with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court;

 

(2) meet the bureau's security requirements;

 

(3) agree to pay any required fees; and

 

(4) conduct fingerprint-based state and national background checks on its employees and contractors as required by the Federal Bureau of Investigation.

 

(f) Prior to establishing a secure connection, a noncriminal justice agency must:

 

(1) agree to comply with all applicable policies governing access to, submission of or use of the data and Minnesota law governing the classification of the data;

 

(2) meet the bureau's security requirements;

 

(3) agree to pay any required fees; and

 

(4) conduct fingerprint-based state and national background checks on its employees and contractors.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4576

(g) Those noncriminal justice agencies that do not have a secure network connection yet receive data either retrieved over the secure network by an authorized criminal justice agency or as a result of a state or federal criminal history records check shall conduct a background check as provided in paragraph (h) of those individuals who receive and review the data to determine another individual's eligibility for employment, housing, a license, or another legal right dependent on a statutorily-mandated background check.

 

(h) The background check required by paragraph (f) or (g) is accomplished by submitting a request to the superintendent of the Bureau of Criminal Apprehension that includes a signed, written consent for the Minnesota and national criminal history records check, fingerprints, and the required fee.  The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the individual's national criminal history record information.

 

The superintendent shall return the results of the national criminal history records check to the noncriminal justice agency to determine if the individual is qualified to have access to state and federal criminal history record information or the secure network.  An individual is disqualified when the state and federal criminal history record information show any of the disqualifiers that the individual will apply to the records of others.

 

When the individual is to have access to the secure network, the noncriminal justice agency shall review the criminal history of each employee or contractor with the Criminal Justice Information Services systems officer at the bureau, or the officer's designee, to determine if the employee or contractor qualifies for access to the secure network.  The Criminal Justice Information Services systems officer or the designee shall make the access determination based on Federal Bureau of Investigation policy and Bureau of Criminal Apprehension policy.

 

Sec. 30.  [299C.72] MINNESOTA CRIMINAL HISTORY CHECKS.

 

Subdivision 1.  Definitions.  For purposes of this section the following terms have the meaning given.

 

(a) "Applicant for employment" means an individual who seeks either county or city employment or has applied to serve as a volunteer in the county or city.

 

(b) "Applicant for licensure" means the individual seeks a license issued by the county or city which is not subject to a federal- or state-mandated background check.

 

(c) "Authorized law enforcement agency" means the county sheriff for checks conducted for county purposes, the police department for checks conducted for city purposes, or the county sheriff for checks conducted for city purposes where there is no police department.

 

(d) "Criminal history check" means retrieval of criminal history data via the secure network described in section 299C.46.

 

(e) "Criminal history data" means adult convictions and adult open arrests less than one year old found in the Minnesota computerized criminal history repository.

 

(f) "Informed consent" has the meaning given in section 13.05, subdivision 4, paragraph (d).

 

Subd. 2.  Criminal history check authorized.  (a) The criminal history check authorized by this section shall not be used in place of a statutorily-mandated or authorized background check.

 

(b) An authorized law enforcement agency may conduct a criminal history check of an individual who is an applicant for employment or applicant for licensure.  Prior to conducting the criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4577

(c) The authorized law enforcement agency shall not disseminate criminal history data and must maintain it securely with the agency's office.  The authorized law enforcement agency can indicate whether the applicant for employment or applicant for licensure has a criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or would prevent the issuance of a license to the department that issues the license.

 

Sec. 31.  Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:

 

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

 

(b) "Minnesota criminal history data" has the meaning given in section 13.87 means adult convictions and juvenile adjudications.

 

(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 2.

 

(d) "Fire department" has the meaning given in section 299N.01, subdivision 2.

 

(e) (d) "Private data" has the meaning given in section 13.02, subdivision 12.

 

Sec. 32.  Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:

 

Subd. 2.  Plan for access to data.  (a) The superintendent of the Bureau of Criminal Apprehension, in consultation with the state fire marshal, shall develop and implement a plan for fire departments to have access to criminal history data A background check must be conducted on all applicants for employment and may be conducted on current employees at a fire department.  The fire chief must conduct a Minnesota criminal history record check.  For applicants for employment who have lived in Minnesota for less than five years, or on the request of the fire chief, a national criminal history record check must also be conducted.

 

(b) The plan must include:

 

(1) security procedures to prevent unauthorized use or disclosure of private data; and

 

(2) a procedure for the hiring or employing authority in each fire department to fingerprint job applicants or employees, submit requests to the Bureau of Criminal Apprehension, and obtain state and federal criminal history data reports for a nominal fee.

 

(b) For a Minnesota criminal history record check, the fire chief must either (i) submit the signed informed consent of the applicant or employee and the required fee to the superintendent, or (ii) submit the signed informed consent to the chief of police.  The superintendent or chief must retrieve Minnesota criminal history data and provide the data to the fire chief for review.

 

(c) For a national criminal history record check, the fire chief must submit the signed informed consent and fingerprints of the applicant or employee, and the required fee, to the superintendent.  The superintendent may exchange the fingerprints with the Federal Bureau of Investigation to obtain the individual's national criminal history record information.  The superintendent must return the results of the national criminal history record check to the fire chief for the purpose of determining if the applicant is qualified to be employed or if a current employee is able to retain the employee's position.

 

Sec. 33.  Minnesota Statutes 2012, section 299F.77, is amended to read:

 

299F.77 ISSUANCE TO CERTAIN PERSONS PROHIBITED.

 

Subdivision 1.  Disqualifiers.  The following persons shall not be entitled to receive an explosives license or permit:


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4578

(1) a person under the age of 18 years;

 

(2) a person who has been convicted in this state or elsewhere of a crime of violence, as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the person's civil rights have been restored or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence.  For purposes of this section, crime of violence includes crimes in other states or jurisdictions that would have been crimes of violence if they had been committed in this state;

 

(3) a person who is or has ever been confined or committed in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person is no longer suffering from this disability;

 

(4) a person who has been convicted in Minnesota or elsewhere for the unlawful use, possession, or sale of a controlled substance other than conviction for possession of a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or has ever been hospitalized or committed for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person has not abused a controlled substance or marijuana during the previous two years; and

 

(5) a person who has been confined or committed to a treatment facility in Minnesota or elsewhere as chemically dependent, as defined in section 253B.02, unless the person has completed treatment.

 

Subd. 2.  Background check.  (a) For licenses issued by the commissioner under section 299F.73, the applicant for licensure must provide the commissioner with all of the information required by Code of Federal Regulations, title 28, section 25.7.  The commissioner shall forward the information to the superintendent of the Bureau of Criminal Apprehension so that criminal records, histories and warrant information on the applicant can be retrieved from the Minnesota Crime Information System and the National Instant Criminal Background Check System, as well as the civil commitment records maintained by the Department of Human Services.  The results must be returned to the commissioner to determine if the individual applicant is qualified to receive a license.

 

(b) For permits issued by a county sheriff or chief of police under section 299F.75, the applicant for a permit must provide the county sheriff or chief of police with all of the information required by Code of Federal Regulations, title 28, section 25.7.  The county sheriff or chief of police must check, by means of electronic data transfer, criminal records, histories and warrant information on each applicant through the Minnesota Crime Information System and the National Instant Criminal Background Check System, as well as the civil commitment records maintained by the Department of Human Services.  The county sheriff or chief of police shall use the results of the query to determine if the individual applicant is qualified to receive a permit.

 

Sec. 34.  Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:

 

Subd. 2.  Persons eligible.  (a) Licenses under this section may be issued only to a person who:

 

(1) is of good moral character and repute;

 

(2) is 21 years of age or older;

 

(3) has not had a license issued under this chapter revoked within five years of the date of license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; and


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4579

(4) has not been convicted within five years of the date of license application of a felony, or of a willful violation of a federal or state law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of alcoholic beverages.  The Alcohol and Gambling Enforcement Division may require that fingerprints be taken and may forward the fingerprints to the Federal Bureau of Investigation for purposes of a criminal history check.

 

(b) In order to determine if an individual has a felony or willful violation of federal or state law governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage, the applicant for a license to manufacture or sell at wholesale must provide the commissioner with their signed, written informed consent to conduct a background check.  The commissioner may query the Minnesota criminal history repository for records on the applicant.  If the commissioner conducts a national criminal history record check, the commissioner must obtain fingerprints from the applicant and forward them and the required fee to the superintendent of the Bureau of Criminal Apprehension.  The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal history record information.  The superintendent shall return the results of the national criminal history records check to the commissioner for the purpose of determining if the applicant is qualified to receive a license.

 

Sec. 35.  Minnesota Statutes 2012, section 340A.402, is amended to read:

 

340A.402 PERSONS ELIGIBLE.

 

Subdivision 1.  Disqualifiers.  No retail license may be issued to:

 

(1) a person under 21 years of age;

 

(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested;

 

(3) a person not of good moral character and repute; or

 

(4) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler.

 

In addition, no new retail license may be issued to, and the governing body of a municipality may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage.  The Alcohol and Gambling Enforcement Division or licensing authority may require that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes of a criminal history check.

 

Subd. 2.  Background check.  (a) A retail liquor license may be issued by a city, a county, or the commissioner.  The chief of police is responsible for the background checks prior to a city issuing a retail liquor license.  A county sheriff is responsible for the background checks prior to the county issuing a retail liquor license and for those cities that do not have a police department.  The commissioner is responsible for the background checks prior to the state issuing a retail liquor license.

 

(b) The applicant for a retail license must provide the appropriate authority with the applicant's signed, written informed consent to conduct a background check.  The appropriate authority is authorized to query the Minnesota criminal history repository for records on the applicant.  If the appropriate authority conducts a national criminal history records check, the appropriate authority must obtain fingerprints from the applicant and forward the


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4580

fingerprints and the required fee to the superintendent of the Bureau of Criminal Apprehension.  The superintendent may exchange the fingerprints with the Federal Bureau of Investigation for purposes of obtaining the applicant's national criminal history record information.  The superintendent shall return the results of the national criminal history records check to the appropriate authority for the purpose of determining if the applicant is qualified to receive a license.

 

Sec. 36.  Minnesota Statutes 2012, section 611.272, is amended to read:

 

611.272 ACCESS TO GOVERNMENT DATA.

 

The district public defender, the state public defender, or an attorney working for a public defense corporation under section 611.216 has access to the criminal justice data communications network described in section 299C.46, as provided in this section.  Access to data under this section is limited to data necessary to prepare criminal cases in which the public defender has been appointed as follows:

 

(1) access to data about witnesses in a criminal case shall be limited to records of criminal convictions, custody status, custody history, aliases and known monikers, race, probation status, identity of probation officer, and booking photos; and

 

(2) access to data regarding the public defender's own client which includes, but is not limited to, criminal history data under section 13.87; juvenile offender data under section 299C.095; warrant information data under section 299C.115; incarceration data under section 299C.14; conditional release data under section 241.065; and diversion program data under section 299C.46, subdivision 5.

 

The public defender has access to data under this section, whether accessed via the integrated search service as defined in section 13.873 or other methods.  The public defender does not have access to law enforcement active investigative data under section 13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained by a prosecuting attorney.  The public defender has access to the data at no charge, except for the monthly network access charge under section 299C.46, subdivision 3, paragraph (b), and a reasonable installation charge for a terminal.  Notwithstanding section 13.87, subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the contrary, there shall be no charge to public defenders for Internet access to the criminal justice data communications network.

 

Sec. 37.  Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read:

 

Subd. 4.  Duties; access to data.  (a) The domestic fatality review team shall collect, review, and analyze death certificates and death data, including investigative reports, medical and counseling records, victim service records, employment records, child abuse reports, or other information concerning domestic violence deaths, survivor interviews and surveys, and other information deemed by the team as necessary and appropriate concerning the causes and manner of domestic violence deaths.

 

(b) The review team has access to the following not public data, as defined in section 13.02, subdivision 8a, relating to a case being reviewed by the team:  inactive law enforcement investigative data under section 13.82; autopsy records and coroner or medical examiner investigative data under section 13.83; hospital, public health, or other medical records of the victim under section 13.384; records under section 13.46, created by social service agencies that provided services to the victim, the alleged perpetrator, or another victim who experienced or was threatened with domestic abuse by the perpetrator; and child maltreatment records under section 626.556, relating to the victim or a family or household member of the victim.  Access to medical records under this paragraph also includes records governed by sections 144.291 to 144.298.  The review team has access to corrections and detention data as provided in section 13.85.


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4581

(c) As part of any review, the domestic fatality review team may compel the production of other records by applying to the district court for a subpoena, which will be effective throughout the state according to the Rules of Civil Procedure.

 

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

 

Sec. 38.  Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:

 

Subd. 7.  Report; information provided to parent.  (a) An oral report shall be made immediately by telephone or otherwise.  An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency, unless the appropriate agency has informed the reporter that the oral information does not constitute a report under subdivision 10.  The local welfare agency shall determine if the report is accepted for an assessment or investigation as soon as possible but in no event longer than 24 hours after the report is received.  Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter.  If requested, the local welfare agency or the agency responsible for assessing or investigating the report shall inform the reporter within ten days after the report is made, either orally or in writing, whether the report was accepted for assessment or investigation.  Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report.  The police department or the county sheriff may keep copies of reports received by them.  Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.

 

(b) Notwithstanding paragraph (a), the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is assessing or investigating the report of alleged maltreatment.

 

(c) Regardless of whether a report is made under this subdivision, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment.

 

(d) A written copy of a report maintained by personnel of agencies, other than welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.  An individual subject of the report may obtain access to the original report as provided by subdivision 11.

 

Sec. 39.  NEWBORN SCREENING PROGRAM STUDY.

 

(a) The commissioner of health, in consultation with the medical research and advocacy groups identified in paragraph (b), shall review the newborn screening programs in Minnesota Statutes, section 144.125, and evaluate the scientific and medical validity of a comprehensive and sustainable long-term storage and use plan for the test results under Minnesota Statutes, section 144.125.  The commissioner shall consider the following:

 

(1) peer-reviewed medical research into the diagnosis and treatment of heritable and congenital disease;

 

(2) strategies for education of parents and families about the utility of advancing new knowledge through research on blood spots and test data made possible by long-term storage and use;


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4582

(3) plans and protocols for clinical and research access to test result data;

 

(4) minimizing the administrative burden on hospitals and health care providers in the operation of the newborn screening program;

 

(5) the adequacy of current law on the standard retention period for test results under Minnesota Statutes, section 144.125, subdivision 6; and

 

(6) privacy concerns associated with parental consent options and long-term storage and use of blood samples and test data.

 

(b) As part of the evaluation, the commissioner shall consult with medical research and data privacy experts, including, but not limited to, specialists in metabolic care, immunology, pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology, hematology, hearing care, and medical genetics, as well as patient advocacy and data privacy groups.

 

(c) By February 1, 2014, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees and divisions with primary jurisdiction on health and human services and data privacy on comprehensive and sustainable long-term storage and usage of the test results. 

 

(d) The commissioner shall conduct the evaluation required under this section within existing appropriations.

 

EFFECTIVE DATE.  This section is effective July 1, 2013.

 

Sec. 40.  DESTRUCTION OF MILEAGE-BASED USER FEE DATA.

 

Notwithstanding Minnesota Statutes, section 138.17, data classified as not public pursuant to a temporary classification of the commissioner of administration related to the mileage-based user fee pilot project established by Laws 2007, chapter 143, article 1, section 3, subdivision 3, paragraph (a), clause (1), shall be destroyed no later than July 31, 2013.  This section does not apply to summary data on types of vehicles used and road usage, provided that the data do not identify participants or contain other characteristics that could uniquely identify participants.

 

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

 

Sec. 41.  REPEALER.

 

Minnesota Statutes 2012, section 299A.28, is repealed."

 

Delete the title and insert:

 

"A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; clarifying provisions regarding data on homestead and other tax applications; extending for six years the sunset provision for the newborn screening advisory committee; requiring a newborn screening program study; providing for destruction of data from mileage-based user fee pilot project; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.4965, subdivision 3; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding a subdivision; 171.07, subdivision 1a; 241.065, subdivision 4; 268.19, subdivision 1; 273.124, subdivision 13; 273.1315, subdivisions 1, 2; 290A.25; 299C.11, subdivision 1; 299C.46,


Journal of the House - 57th Day - Wednesday, May 15, 2013 - Top of Page 4583

subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 611A.203, subdivision 4; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 273; 299C; repealing Minnesota Statutes 2012, section 299A.28."

 

 

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

 

      Senate Conferees:  Kari Dziedzic, Ron Latz and Julie A. Rosen.

 

      House Conferees:  Steve Simon, Peggy Scott and John Lesch.

 

 

      Simon moved that the report of the Conference Committee on S. F. No. 745 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      S. F. No. 745, A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; extending for six years the sunset provision for the newborn screening advisory committee; providing for accreditation of forensic laboratories; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 4; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 299A.28.

 

 

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

 

      The question was taken on the repassage of the bill and the roll was called.  There were 133 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


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