Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6795

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

SIXTY-SEVENTH DAY

 

Saint Paul, Minnesota, Thursday, March 6, 2014

 

 

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

 

Prayer was offered by Jenni Eagleman, Chaplain for Allina Health, St. Paul, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

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

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

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.

 

Atkins, Hamilton, Hilstrom, Lesch and Mack were excused.

 

Mariani was excused until 3:35 p.m. Anderson, M., was excused until 4:15 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.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 84, A bill for an act relating to dogs and cats; providing for licensing and inspection of certain dog and cat breeders; authorizing rulemaking; providing penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 347.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 13.643, subdivision 6, is amended to read:

 

Subd. 6. Animal premises data. (a) The following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:

 

(1) the names and addresses;

 

(2) the location of the premises where animals are kept; and

 

(3) the identification number of the premises or the animal.

 

(b) Except as provided in section 347.58, subdivision 5, data collected and maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or nonpublic.

 

(b) (c) The Board of Animal Health may disclose data collected under paragraph paragraphs (a) or (b) to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.

 

Sec. 2. [347.57] DEFINITIONS.

 

Subdivision 1. Terms. The definitions in this section apply to sections 347.57 to 347.64.

 

Subd. 2. Animal. "Animal" means a dog or a cat.

 

Subd. 3. Board. "Board" means the Minnesota Board of Animal Health.

 

Subd. 4. Cat. "Cat" means a mammal that is wholly or in part of the species Felis domesticus. An adult cat is a cat 28 weeks of age or older. A kitten is a cat under 28 weeks of age.

 

Subd. 5. Commercial breeder. "Commercial breeder" means a person who possesses or has an ownership interest in animals and is engaged in the business of breeding animals for sale or for exchange in return for consideration, and who possesses ten or more adult intact animals and whose animals produce more than five total litters of puppies or kittens per year.

 

Subd. 6. Confinement area. "Confinement area" means a structure used or designed for use to restrict an animal to a limited amount of space, such as a room, pen, cage, kennel, compartment, crate, or hutch.


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Subd. 7. Dog. "Dog" means a mammal that is wholly or in part of the species Canis familiaris. An adult dog is a dog 28 weeks of age or older. A puppy is a dog under 28 weeks of age.

 

Subd. 8. Facility. "Facility" means the place used by a commercial breeder for breeding animals, and includes all buildings, property, confinement areas, and vehicles.

 

Subd. 9. Local animal control authority. "Local animal control authority" means an agency of the state, county, municipality, or other political subdivision of the state that is responsible for animal control operations in its jurisdiction.

 

Subd. 10. Person. "Person" means a natural person, firm, partnership, corporation, or association, however organized.

 

Subd. 11. Possess. "Possess" means to have custody of or have control over.

 

Subd. 12. Veterinarian. "Veterinarian" means a veterinarian in good standing and licensed in the state of Minnesota.

 

Sec. 3. [347.58] LICENSING AND INSPECTIONS.

 

Subdivision 1. Licensing. (a) The board may grant an operating license to a commercial breeder and shall enforce sections 347.58 to 347.64.

 

(b) Beginning July 1, 2015, a commercial breeder must obtain an annual license for each facility it owns or operates. More than one building on the same premises is considered one facility. The initial prelicense inspection fee and the annual license fee is $10 per adult intact animal, but each fee must not exceed $250.

 

(c) The board must perform an announced initial prelicense inspection within 60 days from the date of receiving a license application. A commercial breeder is not in violation of this section if the commercial breeder has filed a completed license application with the board and the board has not performed the initial prelicense inspection. The board shall inspect a commercial breeder's facility before an initial license is issued. The initial prelicense inspection fee must be included with the license application. Upon completion of the inspection, the inspector must provide the commercial breeder an inspection certificate signed by the inspector in a format approved by the board.

 

(d) The license application must indicate if a commercial breeder operates under more than one name from a single location or has an ownership interest in any other facility. License holders must keep separate records for each business name.

 

(e) The application must include a statement that includes the following information:

 

(1) whether any license held by an applicant under this section or under any other federal, state, county, or local law, ordinance, or other regulation relating to breeding cats or dogs was ever suspended, revoked, or denied; and

 

(2) whether the applicant was ever convicted of animal cruelty.

 

(f) An application from a partnership, corporation, or limited liability company must include the name and address of all partners, directors, officers, or members and must include a notation of any partners, directors, officers, members, or others authorized to represent the partnership, corporation, or limited liability company.

 

(g) A nonresident applicant must consent to adjudication of any violation under the laws of the state of Minnesota and in Minnesota courts.


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(h) A license issued under this section is not transferable.

 

(i) A license holder must apply for license renewal annually by submitting a renewal application on a form approved by the board. The license renewal application must be postmarked or submitted electronically in a method approved by the board by July 1 of each year. The board may assess a late renewal penalty of up to 50 percent of the license fee. If a license is not renewed by August 1, the board may require the commercial breeder to reapply for an initial license.

 

(j) A commercial breeder must submit to the board an annual report by July 1 on a form prepared by the board. The form must include the current number of cats and dogs at the facility on the date of the report, the number of animals during the preceding year that were sold, traded, bartered, leased, brokered, given away, euthanized, or deceased from other causes, and any other information required by the board.

 

(k) If a commercial breeder is required to be licensed by the United States Department of Agriculture, United States Department of Agriculture inspection reports and records relating to animal care plans and veterinary care must be made available during an inspection, upon request.

 

(l) A commercial breeder must prominently display the commercial breeder's license at each facility.

 

(m) A commercial breeder's state license number or a symbol approved by the board must be included in all of the commercial breeder's advertisements or promotions that pertain to animals being sold or traded including, but not limited to, all newspapers, Internet, radio, or flyers.

 

(n) A commercial breeder must notify the board by certified mail or electronically in a method approved by the board within ten days of any change in address, name, management, or substantial control and ownership of the business or operation.

 

(o) The board shall refuse to issue an initial license when a commercial breeder:

 

(1) has violated any provision of chapter 343 or 346;

 

(2) has failed to meet any of the requirements of this section and section 347.59;

 

(3) is in violation of a local ordinance regarding breeders;

 

(4) has been convicted of cruelty to animals under Minnesota law or a substantially similar animal cruelty law of another jurisdiction, or for the denial, revocation, or suspension of a similar license by another federal or state authority;

 

(5) has been denied a similar license issued by another authority, either federal or state, or if the license has been revoked or suspended; or

 

(6) has falsified any material information requested by the board.

 

(p) A person who has been an officer, agent, direct family member, or employee of a commercial breeder whose license was revoked or suspended and who was responsible for or participated in the violation that was a basis for the revocation or suspension may not be licensed while the revocation or suspension is in effect.

 

Subd. 2. Inspections. (a) The board shall inspect each licensed facility at least annually. The inspection must be with the commercial breeder or an agent of the commercial breeder present. The inspector must submit an inspection report to the board within ten days of each inspection on a form prepared by the board. The inspection


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report form must list separately each law, rule, regulation, and ordinance the facility is not in compliance with and what correction is required for compliance. The inspection report form must document the animal inventory on the date of the inspection.

 

(b) If, after the prelicense inspection, the commercial breeder has two consecutive years of inspections with no violations, the board shall inspect the commercial breeder at least every two years. If the commercial breeder has any violations during an inspection or if the board has cause, the board shall inspect the commercial breeder at least annually.

 

(c) If a license to operate is suspended, revoked, or denied, the board must be granted access to the facility during normal business hours to verify that it is not operating.

 

Subd. 3. Record requirements. (a) The commercial breeder shall keep records on each animal at the facility that includes:

 

(1) the name, address, and United States Department of Agriculture license number, if applicable, from whom an animal was received; the date the commercial breeder received the animal; the date of the animal's birth; the breed, sex, color, and identifying marks of the animal; any identifying tag, tattoo, microchip, or collar number; worming treatments, vaccinations, and name of the person who administered the vaccination; medication received by the animal while in the possession of the commercial breeder; and any disease conditions diagnosed by a veterinarian; and

 

(2) the name and address of the person or entity to whom an animal was transferred.

 

(b) The commercial breeder shall maintain a copy of the records required to be kept under this subdivision for two years.

 

Subd. 4. Veterinary protocol. (a) A commercial breeder must establish and maintain a written protocol for disease control and prevention, euthanasia, and veterinary care of animals at each facility. The initial protocol must be developed under the direction and supervision of the board. A commercial breeder must maintain a written protocol that is updated at least every 12 months and that is signed and dated by the board or by a veterinarian along with the commercial breeder. The written protocol must be available to the board upon request or at the time of inspection.

 

(b) An animal sold or otherwise distributed by a commercial breeder must be accompanied by a veterinary health certificate completed by a veterinarian. The certificate must be completed within 30 days prior to the sale or distribution and must indicate that the animal is current with vaccinations and has no signs of infectious or contagious diseases. The certificate accompanying an adult dog that was not spayed or neutered must indicate that the dog has no signs of infectious or contagious diseases and was tested for canine brucellosis with a test approved by the board and found to be negative.

 

Subd. 5. Posting of information. The board shall maintain and post in a timely manner on its Web site a list of commercial breeders in good standing and licensed pursuant to this section.

 

Sec. 4. [347.59] STANDARDS OF CARE.

 

(a) A commercial breeder must comply with chapters 343 and 346.

 

(b) A commercial breeder must ensure that animals that are part of the commercial breeder's breeding business operations are cared for as follows:

 

(1) cats must not be housed in outdoor confinement areas;


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6800

(2) animals exercised in groups must be compatible and show no signs of contagious or infectious disease;

 

(3) females in estrus must not be housed in the same confinement area with unneutered males, except for breeding purposes;

 

(4) animals must be provided daily enrichment and must be provided positive physical contact with human beings and compatible animals at least twice daily unless a veterinarian determines such activities would adversely affect the health or well-being of the animal;

 

(5) animals must not be sold, traded, or given away before the age of eight weeks unless a veterinarian determines it would be in the best interests of the health or well-being of the animal;

 

(6) the commercial breeder must provide identification and tracking for each animal, which is not transferable to another animal; and

 

(7) the commercial breeder must provide adequate staff to maintain the facility and observe each animal daily to monitor each animal's health and well-being, and to properly care for the animals.

 

(c) A commercial breeder must not knowingly hire staff or independent contractors who have been convicted of cruelty to animals under the law of any jurisdiction.

 

(d) A commercial breeder must comply with any additional standards the board considers necessary to protect the public health and welfare of animals covered under sections 347.57 to 347.61. The standards must be established by rule.

 

(e) A United States Department of Agriculture (USDA) licensed breeder or dealer who is in compliance with the minimum USDA regulations governing the license holder as they relate to animal confinement areas as of the effective date of this section does not have to comply with the minimum confinement area measurements under section 346.39, subdivision 4, for existing confinement areas in each facility the breeder or dealer owns. If a USDA licensed breeder or dealer builds a new confinement area after the effective date of this section, those minimum standards must meet or exceed the minimum specifications as they relate to confinement area size under section 346.39, subdivision 4.

 

Sec. 5. [347.60] INVESTIGATIONS.

 

(a) The board shall initiate an investigation upon receiving a formal complaint alleging violations of section 347.58 or 347.59.

 

(b) When a local animal control authority, a peace officer, or a humane agent appointed under section 343.01 is made aware of a violation under this chapter or chapter 343 or 346, committed by a commercial breeder, the local animal control authority, peace officer, or humane agent appointed under section 343.01 shall report the violation in a timely manner to the board.

 

Sec. 6. [347.61] CIVIL ENFORCEMENT.

 

Subdivision 1. Correction orders. (a) The board may issue a correction order requiring a commercial breeder to correct a violation of state statutes, rules, and regulations governing breeding facilities. The correction order must state the deficiencies that constitute the violation; the specific statute, rule, or regulation violated; and when the violation must be corrected.


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(b) A commercial breeder may ask the board to reconsider any portion of the correction order that the commercial breeder believes is in error. The request for reconsideration must be made in writing by certified mail or electronically in a method approved by the board within seven days after receipt of the correction order. The request for reconsideration does not stay the correction order. The board must respond to the request for reconsideration within 15 days after receiving a request. The board's disposition of a request for reconsideration is final. The board may extend the time for complying with a correction order after receiving a request for reconsideration if necessary.

 

(c) The board shall reinspect the facility within 15 days after the time for correcting the violation has passed to determine whether the violation has been corrected. If the violation has been corrected, the board shall notify the commercial breeder in writing that the commercial breeder is in compliance with the correction order. The board may charge a reinspection fee to determine if a previous violation has been corrected.

 

Subd. 2. Administrative penalty orders. After the inspection required under subdivision 1, paragraph (c), the board may issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations. The administrative penalty order must include a citation of the statute, rule, or regulation violated; a description of the violation; and the amount of the penalty for each violation. A single correction order may assess a maximum administrative penalty of $5,000.

 

Subd. 3. Injunctive relief. In addition to any other remedy provided by law, the board may bring an action for injunctive relief in the district court in Ramsey County or in the county in which a violation of the statutes, rules, or regulations governing the breeding of cats and dogs occurred to enjoin the violation.

 

Subd. 4. Cease and desist. The board must issue an order to cease a practice if its continuation would result in an immediate risk to animal welfare or public health. An order issued under this subdivision is effective for a maximum of 72 hours. The board or its designated agent must seek an injunction or take other administrative action authorized by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order does not preclude other enforcement action by the board.

 

Subd. 5. Refusal to reissue license; license suspension or revocation. (a) The board may suspend, revoke, or refuse to renew a license as follows:

 

(1) for failure to comply with a correction order;

 

(2) for failure to pay an administrative penalty;

 

(3) for failure to meet the requirements of section 347.58 or 347.59; or

 

(4) for falsifying information requested by the board.

 

A license suspension, revocation, or nonrenewal may be appealed through the Office of Administrative Hearings. A notice of intent to appeal must be filed in writing with the board within 20 days after receipt of the notice of suspension, revocation, or nonrenewal.

 

(b) The board shall revoke a license if a commercial breeder has been convicted of cruelty to animals under Minnesota law or a substantially similar animal cruelty law of another jurisdiction, or for the denial, revocation, or suspension of a similar license by another federal or state authority. A license revocation under this subdivision may be appealed through the Office of Administrative Hearings. A notice of intent to appeal must be filed in writing with the board within 20 days after receipt of the notice of revocation.


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(c) A commercial breeder whose license is revoked may not reapply for licensure for two years after the date of revocation. The license is permanently revoked if the basis for the revocation was a gross misdemeanor or felony conviction for animal cruelty.

 

(d) A commercial breeder whose license is suspended or revoked two times is permanently barred from licensure.

 

Subd. 6. Administrative hearing rights. (a) Except as provided in paragraph (b), if the board proposes to refuse to renew, suspend, or revoke a license, the board must first notify the commercial breeder in writing of the proposed action and provide an opportunity to request a hearing under the contested case provisions of chapter 14. If the commercial breeder does not request a hearing within 20 days after receipt of the notice of the proposed action, the board may proceed with the action without a hearing.

 

(b) The contested case provisions of chapter 14 do not apply when the board denies a license based on an applicant's failure to meet the minimum qualifications for licensure.

 

(c) A commercial breeder may appeal the amount of an administrative penalty order through the Office of Administrative Hearings pursuant to the procedures set forth in chapter 14. A commercial breeder wishing to file an appeal must notify the board in writing within 20 days after receipt of the administrative penalty order.

 

Subd. 7. Other jurisdictions. The board may accept as prima facie evidence of grounds for an enforcement action under this section any enforcement or disciplinary action from another jurisdiction, if the underlying violation would be grounds for a violation under the provisions of this section.

 

Subd. 8. Appeals. A final order by the board may be appealed to the Minnesota Court of Appeals.

 

Sec. 7. [347.615] BIOSECURITY; ENTRY INTO FACILITIES.

 

No law enforcement officer, agent of the board, or other official may enter a commercial breeder facility unless the person follows either the biosecurity procedure issued by the board or a reasonable biosecurity procedure maintained and prominently posted by the commercial breeder at each entry to a facility, whichever is more stringent. This section does not apply in emergency or exigent circumstances.

 

Sec. 8. [347.62] PENALTIES.

 

(a) A violation of section 347.58 or 347.59 that results in cruelty or torture to an animal, as those terms are defined in section 343.20, subdivision 3, is subject to the penalties in section 343.21, subdivisions 9 and 10, relating to pet or companion animals.

 

(b) It is a misdemeanor to falsify information in a license application, annual report, or record.

 

(c) It is a misdemeanor for an unlicensed commercial breeder to advertise animals for sale.

 

(d) It is a misdemeanor for a commercial breeder to operate without a license.

 

Sec. 9. [347.63] DOG AND CAT BREEDERS LICENSING ACCOUNT; APPROPRIATION.

 

A dog and cat breeders licensing account is created in the special revenue fund. All fees and penalties collected by the board under sections 347.58 to 347.62 must be deposited in the state treasury and credited to the dog and cat breeders licensing account in the special revenue fund. Money in the account, including interest on the account, is annually appropriated to the board to administer those sections.


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Sec. 10. [347.64] APPLICABILITY.

 

Sections 347.57 to 347.63 do not apply to:

 

(1) any species other than dogs and cats as they are defined in section 347.57; and

 

(2) veterinary clinics or veterinary hospitals.

 

Sec. 11. RECOGNITION; COMMERCIAL BREEDER EXCELLENCE.

 

The Board of Animal Health, in consultation with representatives of the licensed commercial breeder industry, shall develop a program to recognize persons who demonstrate commercial breeder excellence and exceed the standards and practices required of commercial breeders under this act.

 

Sec. 12. REGISTRATION; INITIAL PRELICENSE INSPECTIONS.

 

Subdivision 1. Commercial breeder registration. Beginning July 1, 2014, until June 30, 2015, a commercial breeder must register each facility it owns or operates by paying a registration fee not to exceed $250 per facility to the Board of Animal Health.

 

Subd. 2. Initial prelicense inspections. Beginning July 1, 2014, the board may begin the initial prelicense inspections under Minnesota Statutes, section 347.58.

 

Subd. 3. Deposits of fees. Fees collected under this section must be deposited in the dog and cat breeders licensing account in the special revenue fund.

 

Sec. 13. BOARD OF ANIMAL HEALTH; APPROPRIATION.

 

$310,000 in fiscal year 2015 is appropriated from the general fund to the Board of Animal Health to administer sections 1 to 12. $426,000 is added to the agency's base budget.

 

Sec. 14. EFFECTIVE DATE.

 

Sections 1 to 13 are effective July 1, 2014."

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 300, A bill for an act relating to tenant's rights; creating a notice to quit or pay prior to filing an eviction action; amending Minnesota Statutes 2012, sections 504B.285, subdivision 1; 504B.291, by adding a subdivision; 504B.321, by adding a subdivision.

 

Reported the same back with the following amendments:


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Page 2, line 21, delete "2013" and insert "2014"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 917, A bill for an act relating to snowmobiles; prohibiting tampering of snowmobile odometers; amending Minnesota Statutes 2012, sections 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 2, 3, 4, 6; 325E.15.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1. Minnesota Statutes 2012, section 84.81, subdivision 3, is amended to read:

 

Subd. 3. Snowmobile. "Snowmobile" means a self-propelled vehicle originally manufactured and designed for travel on snow or ice steered by skis or runners. Snowmobile does not include the following vehicles equipped with aftermarket ski and track configurations:

 

(1) an all-terrain vehicle defined in section 84.92;

 

(2) an off-highway motorcycle defined in section 84.787;

 

(3) an off-road vehicle defined in section 84.797;

 

(4) a mini truck defined in section 169.011;

 

(5) a utility task vehicle described in section 169.045; or

 

(6) any other vehicle being operated off road."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the first semicolon, insert "modifying the definition of snowmobile;"

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6805

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

 

H. F. No. 977, A bill for an act relating to business organizations; regulating the organization and operation of limited liability companies; enacting a revised uniform limited liability company act; providing conforming changes; amending Minnesota Statutes 2012, sections 48A.03, subdivision 4; 181.970, subdivision 2; 270C.721; 273.124, subdivision 8; 290.01, subdivision 3b; 302A.011, by adding subdivisions; 302A.115, subdivision 1; 302A.681; 302A.683; 302A.685; 302A.689; 302A.691; 308A.121, subdivision 1; 308B.801, subdivisions 1, 2, 5; 308B.805, subdivision 1; 308B.835, subdivision 2; 317A.115, subdivision 2; 319B.02, subdivisions 3, 22; 319B.10, subdivision 3; 321.0108; proposing coding for new law in Minnesota Statutes, chapter 302A; proposing coding for new law as Minnesota Statutes, chapter 322C; repealing Minnesota Statutes 2012, sections 302A.687; 322B.01; 322B.02; 322B.03, subdivisions 1, 2, 3, 6, 6a, 7, 8, 10, 11, 12, 13, 14, 15, 17, 17a, 17b, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 32, 33, 34, 35, 36, 36a, 37, 38, 39, 40, 41, 41a, 42, 43, 44, 45, 45a, 46, 47, 48, 49, 50, 51; 322B.04; 322B.10; 322B.105; 322B.11; 322B.115; 322B.12, subdivisions 1, 2, 3, 4, 5; 322B.125; 322B.13; 322B.135; 322B.14; 322B.145; 322B.15; 322B.155; 322B.16; 322B.165; 322B.17; 322B.175; 322B.18; 322B.20; 322B.21; 322B.22; 322B.23; 322B.30; 322B.303; 322B.306; 322B.31; 322B.313; 322B.316; 322B.32; 322B.323; 322B.326; 322B.33; 322B.333; 322B.336; 322B.34; 322B.343; 322B.346; 322B.348; 322B.35; 322B.353; 322B.356; 322B.36; 322B.363, subdivisions 1, 2, 3, 4, 5, 6, 7; 322B.366, subdivision 1; 322B.37; 322B.373; 322B.376; 322B.38; 322B.383; 322B.386; 322B.40; 322B.41; 322B.42; 322B.43; 322B.50; 322B.51; 322B.52; 322B.53; 322B.54; 322B.55; 322B.56; 322B.60; 322B.603; 322B.606; 322B.61; 322B.613; 322B.616; 322B.62; 322B.623; 322B.626; 322B.63; 322B.633; 322B.636; 322B.64; 322B.643; 322B.646; 322B.65; 322B.653; 322B.656; 322B.66; 322B.663; 322B.666; 322B.67; 322B.673; 322B.676; 322B.679; 322B.68; 322B.683; 322B.686; 322B.689; 322B.69; 322B.693; 322B.696; 322B.699; 322B.70; 322B.71; 322B.72; 322B.73; 322B.74; 322B.75; 322B.755; 322B.76; 322B.77; 322B.78; 322B.80; 322B.803; 322B.806; 322B.81; 322B.813; 322B.816, subdivisions 1, 2, 4, 5, 6; 322B.82; 322B.823; 322B.826; 322B.83; 322B.833; 322B.836; 322B.84; 322B.843; 322B.846; 322B.85; 322B.853; 322B.856; 322B.86; 322B.863; 322B.866; 322B.87; 322B.873, subdivisions 1, 4; 322B.876, subdivision 1; 322B.88; 322B.883; 322B.90; 322B.905; 322B.91, subdivisions 1, 2; 322B.915; 322B.92; 322B.925; 322B.93; 322B.935; 322B.94; 322B.945; 322B.95; 322B.955; 322B.960, subdivisions 1, 4, 5; 322B.975.

 

Reported the same back with the following amendments:

 

Page 3, after line 34, insert:

 

"Subd. 18. Oppressive. (a) "Oppressive," with respect to an application brought by a member under section 322C.0701, subdivision 1, clause (5), item (ii), means conduct:

 

(1) engaged in by one or more:

 

(i) members in a member-managed limited liability company or who are otherwise in control of any limited liability company;

 

(ii) managers in a manager-managed limited liability company; or

 

(iii) governors of a board-managed limited liability company;

 

(2) that occurs with respect to the applicant member's capacity as:

 

(i) a member, manager, or governor of a limited liability company; or

 

(ii) an employee of a limited liability company with 35 or fewer members; and


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6806

(3) that is unfairly prejudicial to the applicant member in a capacity listed in clause (2), because the conduct frustrated an expectation of the applicant member that:

 

(i) is reasonable in light of the reasonable expectations of the other members;

 

(ii) was material to the applicant's decision to become a member of the limited liability company or for a substantial time has been material during the member's continuing membership;

 

(iii) was known to other members or that the other members had reason to know; and

 

(iv) is not contrary to the operating agreement as applied consistently with the contractual obligation of good faith and fair dealing under section 322C.0409, subdivision 4.

 

(b) For the purposes of paragraph (a), conduct:

 

(1) includes words, action, inaction, and any combination of words, action, or inaction; and

 

(2) is not oppressive solely by reason of a good faith disagreement as to the content, interpretation, or application of the company's operating agreement."

 

Renumber the subdivisions in sequence

 

Page 37, line 12, delete everything before the second "limited" and insert "a"

 

Page 37, line 13, before "duties" insert "member's" and before the first "under" insert "and exercise any rights"

 

Page 37, line 14, delete everything before "consistently"

 

Page 37, line 15, before the period, insert ", including acting in a manner, in light of the operating agreement, that is honest, fair, and reasonable"

 

Page 45, line 23, before the period, insert ", which may include the sale for fair value of all membership interests a member owns in a limited liability company to the limited liability company or one or more of the other members. A remedy other than dissolution may be ordered in any case where that remedy would be appropriate under all the facts and circumstances of the case"

 

Page 45, after line 23, insert:

 

"Subd. 3. Venue. A proceeding brought under subdivision 1, clause (5), must be brought in a court within the county in which the registered office of the limited liability company is located. It is not necessary to make members parties to the action or proceeding unless relief is sought against them personally."

 

Page 73, lines 7 and 14, delete "2017" and insert "2018"

 

Page 73, lines 9, 11, 16, and 22, delete "2014" and insert "2015"

 

Page 74, line 24, delete "2017" and insert "2018"

 

Page 74, line 26, delete "2014" and insert "2015"


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Page 93, line 12, delete "2017" and insert "2018"

 

Page 93, line 16, delete "2014" and insert "2015"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 1335, A bill for an act relating to public safety; traffic regulations; clarifying requirements pertaining to collisions; making a terminology change; amending Minnesota Statutes 2012, sections 169.09; 609.21, subdivision 1.

 

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

 

The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1864, A bill for an act relating to state government; modifying laws governing certain executive branch advisory groups; amending Minnesota Statutes 2012, sections 92.35; 103F.518, subdivision 1; 115.55, subdivision 12; repealing Minnesota Statutes 2012, sections 84.964; 103F.518, subdivision 11; 116C.711; 216C.265, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 2, delete section 4 and insert:

 

"Sec. 4. REPEALER.

 

Minnesota Statutes 2012, sections 84.964; 103F.518, subdivision 11; 116C.711; and 116C.712, are repealed."

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1926, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund.

 

Reported the same back with the following amendments:


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Page 2, line 18, delete everything after the period

 

Page 2, delete lines 19 to 29

 

Page 2, line 30, delete everything before "Lands"

 

Page 2, line 33, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 3, line 17, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 4, lines 6 and 34, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 5, line 31, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 6, lines 19 and 33, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 9, line 14, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 11, line 6, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 12, line 2, delete "Reserve Program"

 

Page 12, line 19, after the period, insert "The appropriations in Laws 2012, chapter 264, article 1, section 2, subdivision 4, paragraph (a), and Laws 2013, chapter 137, article 1, section 2, subdivision 4, paragraph (a), may be used for the purposes of this appropriation."

 

Page 13, line 13, delete "$197,700" and insert "$198,000"

 

Page 13, line 15, delete "$862,300" and insert "$862,000"

 

Page 15, line 19, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 16, lines 9 and 24, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 19, line 18, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 21, line 21, after the period, insert "Conservation grazing under a management plan that is already being implemented may continue."

 

Page 23, line 19, delete "2016" and insert "2015"


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Page 26, after line 24, insert:

 

"Subd. 10. Pollinators

 

 

 

 

 

Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section that conducts a prairie restoration using funds appropriated in this section, must include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973."

 

Page 26, after line 24, insert:

 

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

 

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

 

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

 

Subd. 20. Acquisition of lands or interest in lands; commissioner approval. (a) A recipient of an appropriation from the outdoor heritage fund who acquires an interest in real property must receive written approval from the commissioner of natural resources prior to the acquisition if the interest is acquired in whole or in part with the appropriation. A recipient must request the commissioner's approval at least ten business days before the proposed acquisition. When a recipient requests approval under this subdivision, the recipient must simultaneously submit the same information to the Lessard-Sams Outdoor Heritage Council. Conservation easements to be held by the Board of Water and Soil Resources and acquisitions specifically identified in appropriation laws are not subject to commissioner approval under this subdivision.

 

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

 

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

 

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


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

 

Subd. 21. Value assessment. At least ten business days prior to acquiring an interest in real property with an appropriation from the outdoor heritage fund, a recipient of an appropriation must submit the most recent tax assessed value and most recent tax statement of the real property and the amount the recipient plans to offer for the interest in real property to the Lessard-Sams Outdoor Heritage Council and the commissioner of natural resources. Conservation easements to be held by the Board of Water and Soil Resources are not subject to the requirements of this subdivision. The board shall keep a record of the tax assessed value of the real property at the time of acquisition and the most recent tax statement."

 

Amend the title as follows:

 

Page 1, line 2, before the period, insert "; modifying restoration evaluation requirements; modifying requirements for acquisition of real property with money from outdoor heritage fund;"

 

Correct the title numbers accordingly

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1938, A bill for an act relating to insurance; authorizing certain benefits for Minnesota FAIR plan employees; providing certain conforming and technical changes; amending Minnesota Statutes 2012, sections 43A.27, subdivision 2; 65A.35, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 1941, A bill for an act relating to real property; establishing mortgage foreclosure mediation; amending Minnesota Statutes 2012, section 581.03; Minnesota Statutes 2013 Supplement, section 580.02; proposing coding for new law as Minnesota Statutes, chapter 584; repealing Minnesota Statutes 2012, sections 580.021; 580.022.

 

Reported the same back with the following amendments:

 

Page 3, line 34, after "Hearings" insert "and the Minnesota Homeownership Center"

 

Page 4, line 2, after "Hearings" insert "and the Minnesota Homeownership Center"

 

Page 4, line 3, delete "to the Office of Administrative Hearings"


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Page 4, after line 5, insert:

 

"Subd. 2. Minnesota Homeownership Center. The Minnesota Homeownership Center shall appoint a mortgage foreclosure prevention counselor and shall send a written notice to the Office of Administrative Hearings and the homeowner with the counselor's contact information within seven days of reviewing the notice of default in subdivision 1. Any participating authorized foreclosure prevention agency must comply with federal regulations governing housing counseling programs."

 

Page 4, line 6, delete "2" and insert "3"

 

Page 4, line 27, delete "3" and insert "4"

 

Page 5, line 22, delete "4" and insert "5"

 

Page 5, line 24, delete "2" and insert "3"

 

Page 6, lines 1 to 2, delete "LOAN MODIFICATION DECISION" and insert "MORTGAGE WORKOUT AGREEMENT"

 

Page 6, line 15, delete "loan modification" and insert "mortgage workout agreement"

 

Page 6, line 23, delete "5" and insert "6"

 

Page 6, line 25, delete "2" and insert "3"

 

Page 6, line 32, delete "6" and insert "7"

 

Page 7, line 14, delete "3" and insert "4"

 

Page 8, line 14, delete "LOAN" and insert "LOSS"

 

Page 8, line 15, delete "MODIFICATION" and insert "MITIGATION"

 

Page 8, line 18, after "modification" insert ", loss mitigation,"

 

Page 8, line 19, delete "program" and insert "mortgage workout option"

 

Page 8, line 31, delete "loan modification or other" and insert "loss mitigation"

 

Page 9, line 25, delete "2" and insert "3"

 

Page 10, delete section 12

 

Page 11, line 3, delete "584.11" and insert "584.10"

 

Page 11, line 17, delete "section 584.11, subdivision 1," and insert "subdivision 1"


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Renumber the sections in sequence

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 1984, A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for and a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. [16C.285] RESPONSIBLE CONTRACTOR REQUIREMENT DEFINED.

 

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

 

(b) "Construction contract" means a contract for building, erection, construction, alteration, remodeling, demolition, or repair of public buildings, real property, highways, roads, bridges, or other public construction work entered into by or at the direction of a state agency, the Minnesota State Colleges and Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission, or a municipality.

 

(c) "Contractor" means a vendor that performs building, erection, construction, alteration, remodeling, demolition, or repair of public buildings, real property, highways, roads, bridges, or other public construction work and who submits a bid or proposal or otherwise responds to a solicitation document of a contracting authority.

 

(d) "Contracting authority" means a state agency, the Minnesota State Colleges and Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission, or a municipality that enters into a construction contract or authorizes or directs entering into a construction contract.

 

(e) "Municipality" means a county, town, city, school district, housing and redevelopment authority, port authority, economic development authority, sports facilities authority, joint powers board or organization created under section 471.59 or other statute, drainage authority, watershed district, destination medical center corporation, or other municipal corporation or political subdivision of the state authorized by law to enter into contracts.

 

(f) "Project" means building, erection, construction, alteration, remodeling, demolition, or repair of public buildings, real property, highways, roads, bridges, or other public construction work performed pursuant to a construction contract.

 

(g) "Related entity" means:

 

(1) a firm, partnership, corporation, joint venture, or other legal entity substantially under the control of a contractor or vendor;


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(2) a predecessor corporation or other legal entity having one or more of the same principals as the contractor or vendor;

 

(3) a subsidiary of a contractor or vendor;

 

(4) one or more principals of a contractor or vendor; and

 

(5) a person, firm, partnership, corporation, joint venture, or other legal entity that substantially controls a contractor or vendor.

 

(h) "Solicitation document" means an invitation to bid, bid specifications, request for proposals, request for qualifications, or other solicitation of contractors or vendors for purposes of a construction contract.

 

(i) "Vendor" means a business, including a construction contractor or a natural person, and includes both if the natural person is engaged in a business.

 

Subd. 2. Responsible contractor required. (a) A contractor or vendor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest responsible bidder or the vendor or contractor offering the best value as provided in sections 16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206, 161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21, 469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, 473J.11, or any successor provisions.

 

(b) This section applies where the amount of a construction contract is estimated to exceed $50,000 and where a construction contract is awarded pursuant to a lowest responsible bidder requirement or a best value selection method.

 

Subd. 3. Minimum criteria. "Responsible contractor" means a contractor or vendor that conforms to the requirements in the solicitation document and certifies that it meets the following minimum criteria at the time that it responds to the solicitation document:

 

(1) the contractor or vendor is in compliance with workers' compensation and unemployment insurance requirements, is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; and has a valid federal tax identification number or a valid Social Security number if an individual;

 

(2) the contractor, vendor, or related entity is in compliance with and, during the three-year period before responding to the solicitation document, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor, vendor, or related entity fails to pay statutorily required wages or penalties of $10,000 or more, has been issued an order to comply by the commissioner of labor and industry or authorized designee or representative, has been issued a determination letter by the Department of Transportation finding a violation, or has been found liable in an action brought in a court having jurisdiction;

 

(3) the contractor, vendor, or related entity is in compliance with and, during the three-year period before responding to the solicitation document, has not violated any municipality's requirements for payment of wages for construction work performed for that municipality as provided in ordinance, resolution, policy, or contractual provision. For purposes of this clause, a violation occurs when a municipality determines that a contractor, vendor, or related entity fails to pay wages or penalties required by the municipality in the amount of $10,000 or more;


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(4) the contractor, vendor, or related entity is in compliance with and, during the three-year period before responding to the solicitation document, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor, vendor, or related entity has been issued a final administrative or licensing order;

 

(5) the contractor, vendor, or related entity has no current tax liens or tax delinquencies;

 

(6) the contractor, vendor, or related entity has not operated under false names or fronts as a small business, a socially or economically disadvantaged small business, or a disadvantaged business enterprise;

 

(7) the contractor, vendor, or related entity is not currently debarred by the federal government, the state, or a municipality and is currently not ineligible to be awarded a contract by a contracting authority or perform work under a construction contract under subdivision 4; and

 

(8) all subcontractors or vendors of whatever tier the contractor intends to use to perform project work have verified to the contractor or vendor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (7).

 

Subd. 4. Verification of compliance. The contractor or vendor must submit a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor or vendor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on such a statement. Failure to verify compliance with any one of the minimum criteria will render the contractor or vendor ineligible to be awarded a contract. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of the contract awarded to the contractor, subcontractor, or vendor that submits a false statement, and will render that contractor, subcontractor, or vendor ineligible to be awarded a contract by a contracting authority or allowed to perform work under a construction contract, as defined in subdivision 1, for a period of three years. The period of ineligibility may be reduced by the commissioner of administration in the event of an emergency.

 

Subd. 5. Subcontractor verifications. The contractor or vendor's verification of compliance under subdivision 4 must include an accurate list of all subcontractors and vendors to be used on the project. The contractor or vendor must submit to the contracting authority upon request copies of the signed verifications of compliance obtained from all subcontractors and vendors pursuant to subdivision 3, clause (8).

 

Subd. 6. Additional criteria. Nothing in this section shall restrict the discretion of a contracting authority to establish additional criteria for defining a responsible contractor.

 

Subd. 7. Implementation. The definition of responsible contractor, as defined in subdivision 3, must be included in the solicitation document for all construction projects covered by this section. The solicitation document for any project must state that any contractor or vendor that does not meet the minimum criteria in subdivision 3 is not a responsible contractor and is not eligible to be awarded the construction contract for the project. The solicitation document must provide that a false statement under oath verifying compliance with any of the minimum criteria may result in termination of the contract awarded to the contractor, subcontractor, or vendor that submits a false statement, and will render that contractor, subcontractor, or vendor ineligible to be awarded a contract by a contracting authority or allowed to perform work under a construction contract, as defined in subdivision 1, for a period of three years. The solicitation document must state that the contractor or vendor must submit to the contracting authority upon request copies of the signed verifications of compliance obtained from all subcontractors and vendors pursuant to subdivision 3, clause (8).


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Subd. 8. Severability. If any provision of this section is declared legally invalid or unenforceable, or if any part of this section is suspended or restrained by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

EFFECTIVE DATE. This section is effective January 1, 2015, and shall apply to all contracts entered into on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C."

 

 

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

 

The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 2018, A bill for an act relating to elections; requiring a candidate to file a petition in certain circumstances; amending Minnesota Statutes 2012, sections 204B.06, subdivision 1; 204B.11, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, after line 30, insert:

 

"Sec. 3. EFFECTIVE DATE.

 

Sections 1 and 2 are effective January 1, 2015, and apply to filings submitted during a candidate filing period that begins on or after that date."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 2040, A bill for an act relating to capital investment; appropriating money for water and sanitary sewer service to the Brainerd Lakes Regional Airport; authorizing the sale and issuance of state bonds.

 

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

 

The report was adopted.


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

 

H. F. No. 2043, A bill for an act relating to capital investment; appropriating money for a grant to Pequot Lakes to replace its spray irrigation field equipment at the wastewater treatment facility; authorizing the sale and issuance of state bonds.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2091, A bill for an act relating to state employees; expanding the use of the vacation donation to sick leave account; amending Minnesota Statutes 2012, section 43A.1815.

 

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

 

The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 2096, A bill for an act relating to elections; providing for submission of voter registration and absentee ballot applications online; amending Minnesota Statutes 2012, sections 201.061, subdivision 1; 201.071, subdivisions 1, 3; 203B.17; Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 201.061, subdivision 1, is amended to read:

 

Subdivision 1. Prior to election day. (a) At any time except during the 20 days immediately preceding any regularly scheduled election, an eligible voter or any individual who will be an eligible voter at the time of the next election may register to vote in the precinct in which the voter maintains residence by completing a voter registration application as described in section 201.071, subdivision 1, and submitting it. A completed application may be submitted:

 

(1) in person or by mail to the county auditor of that county or to the Secretary of State's Office; or

 

(2) electronically through a secure Web site that shall be maintained by the secretary of state for this purpose, if the applicant has an e-mail address and provides the applicant's verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the applicant's Social Security number.

 

A registration that is received in person or by mail no later than 5:00 p.m. on the 21st day preceding any election, or a registration received electronically through the secretary of state's secure Web site no later than 11:59 p.m. on the 21st day preceding any election, shall be accepted. An improperly addressed or delivered registration application shall be forwarded within two working days after receipt to the county auditor of the county where the voter


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maintains residence. A state or local agency or an individual that accepts completed voter registration applications from a voter must submit the completed applications to the secretary of state or the appropriate county auditor within ten calendar days after the applications are dated by the voter.

 

(b) An application submitted electronically under paragraph (a), clause (2), may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number. The secretary of state must review all unverifiable voter registration applications submitted electronically for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

 

An individual may not electronically submit a voter registration application on behalf of any other individual.

 

(c) For purposes of this section, mail registration is defined as a voter registration application delivered to the secretary of state, county auditor, or municipal clerk by the United States Postal Service or a commercial carrier.

 

Sec. 2. Minnesota Statutes 2012, section 201.061, is amended by adding a subdivision to read:

 

Subd. 8. Web site security. The secretary of state shall maintain a log of each Internet Protocol address used to submit a voter registration application electronically under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of Web site use, and other appropriate indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved by the secretary of state must be forwarded to an appropriate law enforcement agency for investigation.

 

Sec. 3. Minnesota Statutes 2012, section 201.071, subdivision 1, is amended to read:

 

Subdivision 1. Form. Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must be of suitable size and weight for mailing and contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's e-mail address, if provided by the voter, and. The electronic voter registration application must include the voter's e-mail address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

 

"I certify that I:

 

(1) will be at least 18 years old on election day;

 

(2) am a citizen of the United States;

 

(3) will have resided in Minnesota for 20 days immediately preceding election day;

 

(4) maintain residence at the address given on the registration form;

 

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

 

(6) have not been found by a court to be legally incompetent to vote;


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(7) have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence; and

 

(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

The certification must include boxes for the voter to respond to the following questions:

 

"(1) Are you a citizen of the United States?" and

 

"(2) Will you be 18 years old on or before election day?"

 

And the instruction:

 

"If you checked 'no' to either of these questions, do not complete this form."

 

A paper voter registration application must be of suitable size and weight for mailing. The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 3, is amended to read:

 

Subd. 3. Deficient registration. No voter registration application is deficient if it contains the voter's name, address, date of birth, current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification number, the last four digits of the voter's Social Security number, if the voter has been issued a Social Security number, prior registration, if any, and signature. The absence of a zip code number does not cause the registration to be deficient. Failure to check a box on an application form that a voter has certified to be true does not cause the registration to be deficient. The election judges shall request an individual to correct a voter registration application if it is deficient or illegible. No eligible voter may be prevented from voting unless the voter's registration application is deficient or the voter is duly and successfully challenged in accordance with section 201.195 or 204C.12.

 

A voter registration application accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county or municipality may attempt to obtain the date of birth for a voter registration application accepted prior to August 1, 1983, by a request to the voter at any time except at the polling place. Failure by the voter to comply with this request does not make the registration deficient.

 

A voter registration application accepted before January 1, 2004, is not deficient for lack of a valid Minnesota driver's license or state identification number or the last four digits of a Social Security number. A voter registration application submitted by a voter who does not have a Minnesota driver's license or state identification number, or a Social Security number, is not deficient for lack of any of these numbers.

 

A voter registration application submitted electronically through the Web site of the secretary of state prior to the effective date of this section is not invalid as a result of its electronic submission.


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Sec. 5. Minnesota Statutes 2012, section 201.081, is amended to read:

 

201.081 REGISTRATION FILES.

 

(a) The statewide registration system is the official record of registered voters. The voter registration applications and the terminal providing access to the statewide registration system must be under the control of the county auditor or the public official to whom the county auditor has delegated the responsibility for maintaining voter registration records. The voter registration applications and terminals providing access to the statewide registration system must not be removed from the control of the county auditor except as provided in this section. The county auditor may make photographic copies of voter registration applications in the manner provided by section 138.17.

 

(b) A properly completed voter registration application that has been submitted electronically or in paper form to the secretary of state or a county auditor must be maintained by the secretary of state or the county auditor for at least 22 months after the date that the information on the application is entered into the database of the statewide registration system. The secretary of state or the county auditor may dispose of the applications after retention for 22 months in the manner provided by section 138.17.

 

(c) Data contained on a voter registration application submitted electronically through the secure Web site established in section 201.061, subdivision 1, must be maintained in its original form, in a manner suitable for printing, for the period required by this section. The Internet Protocol address used to submit an application electronically must be maintained with the voter registration application data.

 

Sec. 6. Minnesota Statutes 2013 Supplement, section 201.275, is amended to read:

 

201.275 INVESTIGATIONS; PROSECUTIONS.

 

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

 

Where the matter relates to a voter registration application submitted electronically through the secure Web site established in section 201.061, subdivision 1, alleged violations of this chapter may be investigated and prosecuted in the county in which the individual registered or attempted to register.


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Sec. 7. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, is amended to read:

 

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

 

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

 

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

 

For a federal, state, or county election, an absentee ballot application may alternatively be submitted electronically through a secure Web site that shall be maintained by the secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state must require applicants using the Web site to submit the applicant's e-mail address and verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the applicant's Social Security number.

 

An application submitted electronically under this paragraph may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number. The secretary of state must review all unverifiable applications for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

 

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

 

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

 

(2) Minnesota state identification card number;

 

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

 

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

 

(c) To be approved, the application must contain an oath that the information contained on the form is accurate, that the applicant is applying on the applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

 

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


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

 

Sec. 8. Minnesota Statutes 2012, section 203B.04, is amended by adding a subdivision to read:

 

Subd. 7. Web site security. The secretary of state shall maintain a log of each Internet Protocol address used to submit an absentee ballot application electronically under this section, and must monitor the log, volume of Web site use, and other appropriate indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved by the secretary of state must be forwarded to an appropriate law enforcement agency for investigation.

 

Sec. 9. Minnesota Statutes 2012, section 203B.17, is amended to read:

 

203B.17 APPLICATION FOR BALLOT.

 

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

 

(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence or through the secure Web site maintained by the secretary of state.

 

(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota or through the secure Web site maintained by the secretary of state.

 

(d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the end of that calendar year.

 

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

 

Subd. 2. Required information. An application shall be accepted if it contains the following information stated under oath:

 

(a) the voter's name, birthdate, and present address of residence in Minnesota, or former address of residence in Minnesota if the voter is living permanently outside the United States;

 

(b) a statement indicating that the voter is in the military, or is the spouse or dependent of an individual serving in the military, or is temporarily outside the territorial limits of the United States, or is living permanently outside the territorial limits of the United States and voting under federal law;

 

(c) a statement that the voter expects to be absent from the precinct at the time of the election;

 

(d) the address to which absentee ballots are to be mailed;


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(e) the voter's signature or the signature and relationship of the individual authorized to apply on the voter's behalf; and

 

(f) the voter's passport number, Minnesota driver's license or state identification card number, or the last four digits of the voter's Social Security number; if the voter does not have access to any of these documents, the voter or other individual requesting absentee ballots may attest to the truthfulness of the contents of the application under penalty of perjury; and

 

(g) the voter's e-mail address, if the application was submitted electronically through the secure Web site maintained by the secretary of state.

 

Notwithstanding clause (f), an application submitted through the secretary of state's Web site must include the voter's verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the voter's Social Security number, and may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number. The secretary of state must review all unverifiable applications for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

 

Subd. 3. Web site security. The secretary of state shall maintain a log of each Internet Protocol address used to submit an absentee ballot application electronically under this section, and must monitor the log, volume of Web site use, and other appropriate indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved by the secretary of state must be forwarded to an appropriate law enforcement agency for investigation.

 

Sec. 10. EFFECTIVE DATE.

 

Sections 1 to 9 are effective the day following final enactment."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

Mariani from the Committee on Education Policy to which was referred:

 

H. F. No. 2133, A bill for an act relating to education; creating a task force on establishing a postsecondary tuition endowment; requiring a report.

 

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

 

The report was adopted.


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

 

H. F. No. 2149, A bill for an act relating to transportation; highways; establishing requirements governing marked Interstate Highway 494 rehabilitation work.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 2165, A bill for an act relating to natural resources; updating the Minnesota Sustainable Forest Resources Act; amending Minnesota Statutes 2012, sections 89A.02; 89A.03, subdivisions 1, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; proposing coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a.

 

Reported the same back with the following amendments:

 

Page 2, line 1, delete "16" and reinstate "15"

 

 

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

 

The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 2166, A bill for an act relating to elections; providing a study of the use of electronic rosters in elections; requiring secretary of state to evaluate electronic rosters in 2014 election; authorizing the use of electronic rosters statewide; directing the secretary of state to adopt rules; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 201.

 

Reported the same back with the following amendments:

 

Page 3, line 21, delete "municipalities" and insert "counties"

 

Page 3, line 24, after the period, insert "The evaluation must be presented by April 1, 2015, to the chairs and ranking minority members of the committees in the senate and house of representatives with primary jurisdiction over elections."

 

Amend the title as follows:

 

Page 1, line 4, delete everything after the semicolon

 

Page 1, line 5, delete "to adopt rules;"

 

 

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

 

The report was adopted.


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

 

H. F. No. 2167, A bill for an act relating to data practices; clarifying application of government data practices act to parties contracting with a government entity; amending Minnesota Statutes 2012, section 13.05, subdivision 11.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 13.05, subdivision 11, is amended to read:

 

Subd. 11. Privatization. (a) If a government entity enters into a contract with a private person to perform any of its functions, the government entity shall include in the contract terms that make it clear that all of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions is subject to the requirements of this chapter and that the private person must comply with those requirements as if it were a government entity. All contracts entered into by a government entity must include a notice that the requirements of this subdivision apply to the contract. Failure to include the notice in the contract does not invalidate the application of this subdivision. The remedies in section 13.08 apply to the private person under this subdivision.

 

(b) This subdivision does not create a duty on the part of the private person to provide access to public data to the public if the public data are available from the government entity, except as required by the terms of the contract."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 2180, A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; appropriating money; amending Minnesota Statutes 2012, sections 43A.316, by adding a subdivision; 123A.21, subdivisions 5, 6, 9; 123B.09, subdivision 12; 471.6161, subdivisions 1, 2, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2188, A bill for an act relating to real property; making clarifying and conforming changes relating to ownership of real estate by spouses and mortgage redemption periods; modifying transfer on death deeds; amending Minnesota Statutes 2012, sections 287.20, subdivision 3a; 358.14; 507.02; 507.071, subdivisions 1, 2, 3, 6, 8, 10; 580.26; Minnesota Statutes 2013 Supplement, section 507.403, subdivision 5a.

 

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

 

The report was adopted.


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

 

H. F. No. 2190, A bill for an act relating to business organizations; providing a prefiling document review; regulating limited liability companies and business corporations; amending Minnesota Statutes 2012, sections 80B.01, subdivision 6; 302A.011, subdivisions 18, 63, 64; 302A.111, subdivisions 2, 4; 302A.137; 302A.351; 302A.361; 302A.423, subdivision 2; 302A.441, subdivision 3; 302A.471, subdivision 1; 302A.473, subdivision 1; 302A.611, subdivision 1; 302A.621, subdivision 3; 302A.641, subdivision 2; 302A.651, subdivision 4; 302A.681, subdivision 1, by adding a subdivision; 302A.683; 302A.685; 302A.687; 302A.689; 302A.691, subdivisions 2, 3; 302A.734, subdivision 2; 322B.115, subdivision 2; 322B.155; 322B.35, subdivision 3; 322B.386, subdivision 1; 322B.689; 322B.69; 322B.71, subdivision 1; 322B.75, subdivision 2; 322B.76, subdivision 4; 322B.78; 322B.826, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 5.

 

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

 

The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2233, A bill for an act relating to taxation; individual income; modifying federal subtractions; creating military retirement subtraction; amending Minnesota Statutes 2013 Supplement, sections 290.01, subdivision 19b; 290.091, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 4, line 20, after "service" insert "or who separated from the military after fewer than 20 years of service with a service-connected disability"

 

 

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

 

The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2259, A bill for an act relating to human rights; clarifying unfair employment practices related to nursing mothers; amending Minnesota Statutes 2012, sections 181.939; 363A.08, by adding a subdivision.

 

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

 

The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 2265, A bill for an act relating to elections; voters; authorizing secretary of state to obtain certain data from Department of Public Safety; authorizing secretary of state to share certain data; appropriating money; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a; 201.13, subdivision 3.

 

Reported the same back with the following amendments:


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Page 1, line 15, delete "maintaining" and insert "improving the accuracy of"

 

Page 2, line 34, delete "groups" and insert "an organization governed exclusively by a group"

 

Page 2, line 36, after "by" insert "such"

 

Page 3, line 1, after "into" insert "such"

 

 

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

 

The report was adopted.

 

 

Mariani from the Committee on Education Policy to which was referred:

 

H. F. No. 2272, A bill for an act relating to education; requiring best value analysis and minimum standards for school service contracts; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2273, A bill for an act relating to education; appropriating funds for a grant to the Northside Achievement Zone.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Policy.

 

The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2274, A bill for an act relating to human rights; protecting wage disclosure; prohibiting retaliation; amending Minnesota Statutes 2012, section 363A.08, by adding a subdivision.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2275, A bill for an act relating to education; appropriating money for a grant to the Saint Paul Promise Neighborhood (SSPN).

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Policy.

 

The report was adopted.


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

 

H. F. No. 2282, A bill for an act relating to human services; implementing the autism spectrum disorder statewide strategic plan; repealing Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4.

 

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

 

The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2300, A bill for an act relating to human rights; prohibiting discrimination in employment based on status as a family caregiver; amending Minnesota Statutes 2012, sections 363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4.

 

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

 

The report was adopted.

 

 

Mariani from the Committee on Education Policy to which was referred:

 

H. F. No. 2326, A bill for an act relating to education finance; creating additional funding sources for students in approved recovery programs; appropriating money; amending Minnesota Statutes 2012, sections 126C.01, by adding a subdivision; 126C.05, subdivision 8; 126C.10, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2337, A bill for an act relating to capital investment; appropriating money for the city of Hugo's storm water handling systems projects; authorizing the sale and issuance of state bonds.

 

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

 

The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2371, A bill for an act relating to employment; providing for pregnancy and parenting leave; requiring pregnancy accommodations; amending Minnesota Statutes 2012, sections 181.940, subdivision 2; 181.941; 181.943; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

The report was adopted.


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

 

H. F. No. 2373, A bill for an act relating to state government; requiring certificates of pay equity compliance as a condition for certain state contracts; classifying data; requiring a report; appropriating money; amending Minnesota Statutes 2012, section 13.552, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 363A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Labor, Workplace and Regulated Industries.

 

The report was adopted.

 

 

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

 

H. F. No. 2385, A bill for an act relating to civil actions; adjusting certain time limits relating to the certification of expert review because of recent amendments to the Minnesota Rules of Civil Procedure; amending Minnesota Statutes 2012, sections 145.682, subdivisions 2, 4; 544.42, subdivisions 2, 4.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2394, A bill for an act relating to public safety; deputy registrars; removing the residency requirement for deputy registrars; amending Minnesota Statutes 2012, section 168.33, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, after line 35, insert:

 

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

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 2419, A bill for an act relating to retirement; creating the Minnesota secure choice retirement savings plan; requiring a report; establishing a trust account; proposing coding for new law as Minnesota Statutes, chapter 352G.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6829

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

 

H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing training and expert support in the prosecution of synthetic drug cases; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, by adding subdivisions; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b.

 

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

 

The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2447, A bill for an act relating to veterans; requiring employers to provide veterans time off for Veterans Day; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Labor, Workplace and Regulated Industries.

 

The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2461, A bill for an act relating to employment; providing for earned sick and safe time; proposing coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota Statutes 2013 Supplement, section 181.9413.

 

Reported the same back with the following amendments:

 

Page 3, line 1, delete "to the following calendar year" and insert "from year to year"

 

Page 3, line 31, delete "a public" and insert "weather or other"

 

Page 3, line 32, delete the second "a public" and insert "weather or other"

 

Page 4, line 34, after "commissioner" insert "of labor and industry"

 

Page 5, line 1, delete "shall" and insert "of labor and industry may"

 

Page 5, line 4, after "commissioner" insert "of labor and industry"

 

Page 5, line 5, delete "175.20" and insert "177.27"

 

 

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

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6830

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2478, A bill for an act relating to veterans; appropriating money to public safety for a grant for training community safety personnel about the use of de-escalation techniques for dealing with veterans returning from active military service in combat zones.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. VETERANS IN CRISIS DE-ESCALATION TRAINING.

 

$.......in fiscal year 2015 is appropriated from the general fund to the commissioner of public safety to be spent for training state and local community safety personnel in the use of crisis de-escalation techniques for use with Minnesota veterans following their return from active military service in a combat zone. The commissioner must consult with the director of the Minnesota Peace Officers and Training Board, and may consult with any other state or local governmental official or nongovernmental authority the commissioner determines to be relevant, to include postsecondary institutions, when selecting a service provider for this training. Among any other criteria the commissioner may establish for the selection, the training provider must have a demonstrated understanding of the transitions and challenges that veterans may experience during their re-entry into society following combat service. The commissioner must ensure that training opportunities provided are reasonably distributed statewide."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2479, A bill for an act relating to courts; allowing housing courts and housing calendars to use referees almost exclusively for landlord and tenant cases; amending Minnesota Statutes 2012, section 484.013, subdivision 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 484.013, subdivision 3, is amended to read:

 

Subd. 3. Referee. The chief judge of district court may appoint a referee for the housing calendar program. The referee must be learned in the law. The referee must be compensated according to the same scale used for other referees in the district court. Section 484.70, subdivision 6, applies does not apply to the housing calendar program."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6831

Marquart from the Committee on Education Finance to which was referred:

 

H. F. No. 2480, A bill for an act relating to education finance; providing for nutrition policy; appropriating money; amending Minnesota Statutes 2012, section 124D.111, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 124D.111, subdivision 1; Laws 2013, chapter 116, article 7, section 21, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, line 1, strike "13,032,000" and insert "12,417,000"

 

Page 2, line 3, delete "16,643,000" and insert "16,185,000"

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2545, A bill for an act relating to health; adding and modifying definitions; changing the requirements for pharmacist participation in immunizations; changing the powers and duties of the Board of Pharmacy; changing licensing requirements for businesses regulated by the Board of Pharmacy; clarifying requirements for compounding; allowing certain educational institutions to purchase legend drugs in limited circumstances; allowing certain entities to handle drugs in preparation for emergency use; clarifying the requirement that drug manufacturers report certain payments to the Board of Pharmacy; adding certain substances to the schedules for controlled substances; amending Minnesota Statutes 2012, sections 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.02, subdivision 8b; Minnesota Statutes 2013 Supplement, sections 151.252, by adding a subdivision; 152.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 151.

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2582, A bill for an act relating to corporations; providing for the organization and operation of public benefit corporations; proposing coding for new law as Minnesota Statutes, chapter 304A.

 

Reported the same back with the following amendments:

 

Page 1, line 17, delete "Articles; bylaws." and insert "Chapter not to be varied."

 

Page 3, delete section 4

 

Page 3, line 21, delete "304A.102" and insert "304A.101"

 

Page 4, line 5, delete "304A.103" and insert "304A.102"


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Page 4, line 10, delete "304A.102" and insert "304A.101"

 

Page 4, line 27, delete "304A.104" and insert "304A.103"

 

Page 4, lines 32 and 33, delete "304A.102" and insert "304A.101"

 

Page 5, after line 12, insert:

 

"Sec. 7. [304A.104] PUBLIC BENEFIT CORPORATION PURPOSES.

 

Subdivision 1. General benefit corporation purpose. A general benefit corporation has a purpose of pursuing general public benefit. A general benefit corporation may also state in its articles one or more specific public benefit purposes the general benefit corporation elects to pursue. Purposes under these subdivisions are in addition to the purposes under section 302A.101.

 

Subd. 2. Specific benefit corporation purpose. A specific benefit corporation shall have a purpose of pursuing one or more specific public benefit purposes stated in its articles. Purposes under this subdivision are in addition to the purposes under section 302A.101. The election to pursue a specific public benefit purpose under this subdivision does not require a specific benefit corporation to pursue general public benefit under subdivision 1.

 

Subd. 3. Effect of purposes. The pursuit of general public benefit or a specific public benefit purpose under subdivision 1, or a specific public benefit purpose under subdivision 2, is in the best interests of a public benefit corporation.

 

Subd. 4. Amendment of a specific public benefit purpose. In accordance with the procedures stated in chapter 302A and with approval by the minimum status vote, a general benefit corporation or a specific benefit corporation may amend its articles to add, amend, or delete a specific public benefit purpose unless the amendment would cause a termination of public benefit corporation status under section 304A.103."

 

Page 5, line 18, delete "produce" and insert "pursue"

 

Page 5, line 20, delete "produce that" and insert "pursue its"

 

Page 7, line 2, delete "304A.104" and insert "304A.103"

 

Page 7, line 28, delete "purpose"

 

Page 8, line 12, after "to" insert "pursue or"

 

Page 9, after line 10, insert:

 

"Sec. 11. EFFECTIVE DATE.

 

Sections 1 to 10 are effective January 1, 2015."

 

Renumber the sections in sequence

 

 

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

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6833

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

 

H. F. No. 2598, A bill for an act relating to commerce; updating the Minnesota Liens on Personal Property in Self-Service Storage Act; amending Minnesota Statutes 2012, sections 514.971, subdivisions 2, 7, 8, by adding a subdivision; 514.973; 514.975; 514.976, by adding a subdivision; repealing Minnesota Statutes 2012, section 514.976, subdivisions 1, 2, 3, 4.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 514.971, subdivision 2, is amended to read:

 

Subd. 2. Self-service storage facility. "Self-service storage facility" means real property that is designed and used only for renting or leasing individual storage space in the facility under the following conditions:

 

(1) the occupants have access to their individual storage space only for the purpose of storing and removing their personal property;

 

(2) the owner does not issue a warehouse receipt, bill of lading, or other document of title for the personal property stored in the storage space; and

 

(3) the property has two or more individual storage spaces.

 

The term does not include a garage used principally for parking motor vehicles or any property of a financial institution that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the financial institution's customers.

 

(a) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. The term does not include:

 

(1) any property of a financial institution that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the financial institution's customers; or

 

(2) a warehouse that issues a warehouse receipt, bill of lading, or other document of title.

 

(b) No occupant shall use a self-service storage facility for residential purposes.

 

Sec. 2. Minnesota Statutes 2012, section 514.971, subdivision 7, is amended to read:

 

Subd. 7. Default. "Default" means failure of the occupant to pay the rent and other charges becoming due under the rental agreement within 15 seven days after the rents and other charges become due under the terms of the rental agreement.

 

Sec. 3. Minnesota Statutes 2012, section 514.971, subdivision 8, is amended to read:

 

Subd. 8. Storage space. "Storage space" means an enclosure, cubicle, or room that is fully enclosed and equipped with a door designed to be locked for security by the occupant the storage space or spaces at the self-service storage facility that are rented to an occupant pursuant to a rental agreement.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6834

Sec. 4. Minnesota Statutes 2012, section 514.971, is amended by adding a subdivision to read:

 

Subd. 10. Verified mail. "Verified mail" means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.

 

Sec. 5. Minnesota Statutes 2012, section 514.973, is amended to read:

 

514.973 ENFORCEMENT OF LIEN.

 

An owner's lien established under sections 514.970 to 514.979 for a claim that has become due must be enforced in the same manner as warehouse's liens under section 336.7-210. as follows:

 

(1) the occupant shall be notified when rent and other charges are in default;

 

(2) the notice shall be delivered in person or sent by verified mail or electronic mail to the last known address of the occupant;

 

(3) the notice shall include:

 

(i) a statement of the amount owed for rent and other charges and demand for payment within a specified time not less than 14 days after delivery of the notice;

 

(ii) a notice of denial of access to the storage space, if this denial is permitted under the terms of the rental agreement;

 

(iii) the name, street address, and telephone number of the owner, or of the owner's designated agent, whom the occupant may contact to respond to this notice; and

 

(iv) a conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale. The notice shall specify the time and place of the sale;

 

(4) any notice made pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service or private delivery service, and properly addressed with postage prepaid, or sent by electronic mail to the occupant's last known e-mail address;

 

(i) if the owner sends notice to the occupant's last known e-mail address and does not receive an electronic receipt that establishes delivery of the notice to the occupant's e-mail address, the notice shall be sent to the occupant by verified mail to the occupant's last known address;

 

(ii) when e-mail is offered as the sole means of communication with an occupant, there must be included in the rental agreement a provision containing a written notice in at least ten-point bold type, if printed, which states: by choosing the option to receive e-mail communication in this agreement, the owner will provide you notices and other information regarding your account through the e-mail reflected in our records, or a subsequent written change of e-mail address has been given in accordance with the facility's procedures;

 

(5) after the expiration of the time given in the notice, the sale shall be either:

 

(i) published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held; or


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6835

(ii) advertised in a public, commercially reasonable manner not less than ten days prior to the sale. A sale is considered reasonable if no fewer than three independent bidders register for the sale and are qualified to bid on the property offered. An independent bidder is a person who is not related to and who has no controlling interest in, or common pecuniary interest with, the owner or any other bidder. Storage operators holding public sales shall require the bidder to register and agree to the auction rules. When online sales are conducted, registration is required and the bidder viewing each sale is automatically recorded;

 

(6) a sale of personal property may take place no sooner than 45 days after default;

 

(7) a sale of the personal property shall conform to the terms of the notification;

 

(8) a sale of the personal property shall be public and shall be held at the self-service storage facility, or at the nearest suitable place at which the personal property is held or stored. A sale conducted online through a Web site that conducts public auctions is a suitable location for the sale;

 

(9) notwithstanding any law, rule, or regulation to the contrary, if the property upon which the lien is claimed is a motor vehicle or watercraft, and rent and other charges related to the property are in default for 60 consecutive days, the owner may have the property towed by a towing company. The self-storage facility's lien is terminated and may not be enforced effective upon the possession of the property by the towing company. If a motor vehicle or watercraft is towed as authorized in this clause, the owner shall:

 

(i) send, by verified or electronic mail, to the occupant's last known address, the name, address, and telephone number of the towing company that will perform the towing and the street address of the storage facility where the towed property can be redeemed; and

 

(ii) not be liable for the motor vehicle or watercraft or any damages to the motor vehicle or watercraft once the towing company takes possession of the property;

 

(10) before a sale of personal property, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred by the owner to redeem the personal property. Upon receipt of this payment, the owner shall return the personal property, and the owner shall have no liability to any person with respect to the personal property;

 

(11) a self-service storage facility's lien may be enforced by public sale of the goods, in bulk or in lots at any time or place and on any terms that are commercially reasonable. The self-service storage facility sells in a commercially reasonable manner if the facility sells the goods at a public sale conducted in person or at an online publicly accessible Web site, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold;

 

(12) the owner may satisfy the lien from the proceeds of the sale but shall hold the balance, if any, and give notice to the occupant of the occupant's right to the funds. If the balance, if any, remains unclaimed by the occupant for more than one year after the sale of the goods, the balance shall be deposited into the state unclaimed property funds account under sections 345.31 to 345.60; and

 

(13) the owner's liability arising from the sale of personal property under this section is limited to the proceeds received from the sale of that property.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6836

Sec. 6. Minnesota Statutes 2012, section 514.975, is amended to read:

 

514.975 RENTAL AGREEMENTS.

 

Subdivision 1. Disclosure. The rental agreement between the owner and the occupant must include a disclosure of the lien rights of the owner upon failure of the occupant to pay rent including the right to deny access to certain personal property contained in the self-service storage facility, and the extent and the limits of insurance carried by the owner covering the occupant's personal property stored in the leased premises. A rental agreement may not exempt an owner from liability for damages to an occupant's personal property caused by the owner's negligence. The rental agreement must request the occupant to insert an alternate mailing address.

 

Subd. 2. Value of stored property. If the rental agreement entered into between the owner and the occupant contains a provision placing a limit on the value of property that may be stored in the occupant's space, this limit shall be deemed to be the maximum value of the stored property, provided that the provision is printed in bold type or underlined in the rental agreement.

 

Subd. 3. Late fees. Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a reasonable late fee for each month an occupant does not pay rent when due. A late fee of $20 or 20 percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty.

 

Sec. 7. Minnesota Statutes 2012, section 514.976, is amended by adding a subdivision to read:

 

Subd. 4a. Service of process; claim by a tenant. The owner may be served at the self-service storage facility for any claim by a tenant against the owner.

 

Sec. 8. REPEALER.

 

Minnesota Statutes 2012, section 514.976, subdivisions 1, 2, 3, and 4, are repealed.

 

Sec. 9. EFFECTIVE DATE.

 

Sections 1 to 8 are effective August 1, 2014, and apply to personal property put in self-service storage on or after that date."

 

 

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

 

The report was adopted.

 

 

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

 

H. F. No. 2616, A bill for an act relating to natural resources; modifying water appropriation provisions; providing for administrative penalties for water appropriation violations; amending Minnesota Statutes 2012, sections 103G.251; 103G.271, subdivisions 5, 6; 103G.281, subdivisions 1, 2, by adding a subdivision; 103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy.

 

The report was adopted.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6837

Pelowski from the Committee on Higher Education Finance and Policy to which was referred:

 

H. F. No. 2647, A bill for an act relating to higher education; modernizing, streamlining, and clarifying various statutes; eliminating unnecessary or redundant laws and rules; deleting obsolete language and unnecessary verbiage; amending Minnesota Statutes 2012, sections 135A.051, subdivision 3; 135A.14, subdivision 6a; 136A.002; 136A.01, as amended; 136A.05, subdivision 1; 136A.06; 136A.08, subdivisions 2, 7; 136A.101, subdivisions 7, 7a, 7b, by adding a subdivision; 136A.121, subdivisions 2, 9; 136A.125, subdivision 1; 136A.126, subdivisions 2, 4; 136A.1311; 136A.15, subdivision 8; 136A.16, subdivisions 1, 5; 136A.162; 136A.1701, subdivision 1; 136A.171; 136A.232; 136A.233, subdivisions 1, 4; 136A.65, subdivision 6; 136A.685; 136A.861, subdivision 6; 136F.01; 136F.02, subdivision 1; 136F.03, subdivision 1; 136F.04, subdivision 2; 136F.045; 136F.05; 136F.10; 136F.12; 136F.14; 136F.18; 136F.23; 136F.28, subdivision 1; 136F.48; 136F.482; 136F.581, subdivision 1; 136F.60, subdivision 1; 136F.65; 136F.705; 136F.90, subdivision 1; 136F.92; 136F.93; 136F.94; 136F.95; 136F.96; 136F.97; 136F.98, subdivisions 1, 3; 136G.09, subdivision 8; 137.52; Minnesota Statutes 2013 Supplement, sections 136A.03; 136A.125, subdivision 2; 136A.126, subdivision 1; 136A.129, subdivision 2; 136A.1795, subdivisions 2, 3, 4, 5; 136A.1796, subdivisions 2, 3, 4; 136A.233, subdivision 2; 136A.861, subdivisions 1, 3; repealing Minnesota Statutes 2012, sections 135A.14, subdivision 6; 136A.05, subdivision 2; 136A.101, subdivision 2; 136A.15, subdivisions 3, 5; 136A.16, subdivisions 3, 4, 6, 7; 136A.17; 136A.62, subdivision 2; 136F.11; 136F.44, subdivision 2; 136F.49; 136F.90, subdivision 6; 137.02, subdivision 1; 137.59; Minnesota Statutes 2013 Supplement, sections 136A.101, subdivision 3; 136A.15, subdivision 4; 136A.16, subdivision 10; Minnesota Rules, parts 4810.2100; 4810.2200; 4810.2300; 4810.2400; 4810.2500; 4810.2600; 4810.2700; 4810.2800; 4830.5000; 4830.5100; 4830.5200, subparts 1, 3; 4830.5300; 4830.5400.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2665, A bill for an act relating to the military; removing obsolete, redundant, and unnecessary laws related to military affairs; repealing Minnesota Statutes 2012, sections 191.08; 192.12; 192.15; 192.16; 192.21; 192.42; 192.54; 192.66.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "191.08;" and delete "192.42;" and insert "and 192.42,"

 

Page 1, line 8, delete everything before "are"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

The report was adopted.

 

 

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

 

H. F. No. 2668, A bill for an act relating to courts; providing that petitioners in errors and omissions petitions shall also serve the petition on all candidates for the office in which the error or omission is alleged; eliminating requirements that court seal be a raised seal; removing requirements for notarial act on pleadings and affidavits filed


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6838

with the court in all cases; providing that court documents are signed under penalty of perjury; permitting alternative service in certain probate matters; requiring applicants in structured settlement transfer action to provide the court with information; providing that a request for a hearing in response to a temporary restraining order must be made within 20 days after the temporary restraining order is served; permitting application of fine payment to restitution before application to court fines; amending Minnesota Statutes 2012, sections 204B.44; 358.03; 359.01, subdivision 5; 524.1-401; 524.5-113; 549.32, subdivision 2; 600.13; 609.48, subdivision 1; 609.748, subdivision 3; 611A.04, subdivision 4; 645.44, subdivisions 10, 14; proposing coding for new law in Minnesota Statutes, chapter 358.

 

Reported the same back with the following amendments:

 

Page 5, delete section 7 and insert:

 

"Sec. 7. Minnesota Statutes 2012, section 549.32, subdivision 2, is amended to read:

 

Subd. 2. Notice. Not less than 20 days before the scheduled hearing on an application for authorization of a transfer of structured settlement payment rights under section 549.31, the transferee shall file with the court or responsible administrative authority and serve on: any other government authority that previously approved the structured settlement; and all interested parties, a notice of the proposed transfer and the application for its authorization. The notice must include:

 

(1) a copy of the transferee's application to the court or responsible administrative authority;

 

(2) a copy of the transfer agreement;

 

(3) a copy of the disclosure statement required under section 549.31, subdivision 1, paragraph (b);

 

(4) notification that an interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

 

(5) notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, in order to be considered by the court or responsible administrative authority. Written responses to the application must be filed within 15 days after service of the transferee's notice.; and

 

(6) notification of the date and judicial district of any prior application for transfer filed by the transferee relating to a prior proposed transfer with the payee, including whether the prior application was granted or denied. If any prior application was granted, the notice shall provide the amount and due dates of any structured settlement payments that were transferred, the aggregate amount of the payments, the discounted present value of the payments, and the gross amount that was payable to the payee in exchange for the payments."

 

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 300, 977, 1938, 2018, 2096, 2149, 2167, 2394, 2479, 2647 and 2665 were read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House Files were introduced:

 

 

Atkins and Hoppe introduced:

 

H. F. No. 2720, A bill for an act relating to liquor; allowing special closing times during the 2014 baseball All-Star Game.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Atkins introduced:

 

H. F. No. 2721, A bill for an act relating to commerce; private sector self-insuring employers; amending Minnesota Statutes 2012, sections 79A.04, subdivisions 1, 3a; 79A.09, subdivision 4; 79A.12; proposing coding for new law in Minnesota Statutes, chapter 79A.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Mahoney, Laine, Scott and Norton introduced:

 

H. F. No. 2722, A bill for an act relating to family law; making changes to custody and parenting time provisions; amending Minnesota Statutes 2012, sections 518.17, subdivision 2; 518.175, subdivisions 1, 5.

 

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

 

 

Erickson, S., introduced:

 

H. F. No. 2723, A bill for an act relating to human services; modifying nursing facility operating payment rates for certain facilities; amending Minnesota Statutes 2012, section 256B.431, by adding a subdivision.

 

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

 

 

Nelson introduced:

 

H. F. No. 2724, A bill for an act relating to state government; regulating agency rulemaking; amending Minnesota Statutes 2012, sections 3.842, subdivision 4a; 14.05, subdivisions 5, 6, by adding a subdivision; 14.07, subdivision 4; 14.08; 14.101, subdivision 1; 14.116; 14.125; 14.126, subdivision 2; 14.131; 14.14, subdivisions 1a, 2a; 14.15, subdivision 1; 14.16, subdivisions 1, 3; 14.22; 14.25; 14.26; 14.365; 14.388, subdivision 1; 14.389, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2012, sections 14.04; 14.101, subdivisions 3, 4; 14.14, subdivision 1b; 14.23; 14.3895.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6840

Lien and Hoppe introduced:

 

H. F. No. 2725, A bill for an act relating to lawful gambling; modifying the definition of paddlewheel games; amending Minnesota Statutes 2012, sections 349.12, subdivisions 28a, 28b, 29; 349.211, subdivision 2b.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Radinovich introduced:

 

H. F. No. 2726, A bill for an act relating to taxation; property; repealing assessor accreditation requirement; repealing Minnesota Statutes 2013 Supplement, section 270C.9901.

 

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

 

 

Erhardt and Rosenthal introduced:

 

H. F. No. 2727, A bill for an act relating to taxation; city of Edina; extending authority to collect and spend tax increments.

 

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

 

 

Simonson introduced:

 

H. F. No. 2728, A bill for an act relating to public safety; modifying permits for motorized bicycle operators; establishing a fee for the commercial learner's permit; providing for federal conformance in laws pertaining to commercial motor vehicles; amending Minnesota Statutes 2012, sections 171.02, subdivision 3; 171.06, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 171.

 

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

 

 

Garofalo introduced:

 

H. F. No. 2729, A bill for an act relating to energy; renewables; eliminating a capacity limitation on hydroelectric generation; amending Minnesota Statutes 2012, section 216B.1691, subdivision 1.

 

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

 

 

Faust introduced:

 

H. F. No. 2730, A bill for an act relating to taxation; property; reinstating valuation reductions for conservation easements; amending Minnesota Statutes 2013 Supplement, section 273.117.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6841

Garofalo introduced:

 

H. F. No. 2731, A bill for an act relating to public safety; regulating the manufacture, sale, and use of fireworks; amending Minnesota Statutes 2012, section 624.20, subdivision 1.

 

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

 

 

Garofalo introduced:

 

H. F. No. 2732, A bill for an act relating to energy; allocating costs of meeting certain local energy goals; amending Minnesota Statutes 2012, section 216B.36.

 

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

 

 

Dill introduced:

 

H. F. No. 2733, A bill for an act relating to natural resources; modifying all-terrain vehicle operating restrictions; providing for certain regulatory efficiencies; modifying use and designation of forest trails; modifying invasive species provisions; modifying Water Law; modifying outdoor recreation system provisions; appropriating money; amending Minnesota Statutes 2012, sections 13.055, subdivision 5; 17.4982, subdivision 18a; 84.027, subdivisions 12, 13a, 14a; 84.0857; 84.925, subdivision 5; 84.926, subdivision 4; 84D.01, subdivisions 8, 13, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 89.19, subdivision 2; 97C.821; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.615, subdivision 3a; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84D.10, subdivision 4; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 2734, A bill for an act relating to education finance; authorizing a grant for The Works Museum; appropriating money; amending Laws 2013, chapter 116, article 9, section 1, subdivision 2.

 

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

 

 

Davnie, Marquart, Davids, Loon and Lenczewski introduced:

 

H. F. No. 2735, A bill for an act relating to taxation; income and franchise; conforming to changes in the Internal Revenue Code; extending the working family credit phaseout for married filers; amending Minnesota Statutes 2012, sections 289A.02, subdivision 7; 290.0671, subdivision 1.

 

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


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Erickson, R.; Kresha; Radinovich; Johnson, S.; Gruenhagen; Simonson; Sawatzky; Isaacson; Yarusso; Ward, J.E.; Johnson, C., and Mahoney introduced:

 

H. F. No. 2736, A bill for an act relating to broadband; appropriating money for broadband service mapping.

 

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

 

 

Lohmer introduced:

 

H. F. No. 2737, A bill for an act relating to clean water; appropriating money for Lake Elmo water supply improvements.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2738, A bill for an act relating to transportation; motor vehicles; eliminating barriers to the purchase of cleaner fuel-powered motor vehicles by state agencies; modifying state SmartFleet requirements; requiring a study on electric plug-in vehicle charging stations at multiunit housing facilities; creating a Biomethane Task Force; requiring reports; amending Minnesota Statutes 2012, sections 16C.135, subdivision 3; 16C.137, subdivisions 1, 2; 16C.138, subdivision 2.

 

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

 

 

Fabian, Kiel, McNamar, Gunther, Lien and Hamilton introduced:

 

H. F. No. 2739, A bill for an act relating to taxation; tax increment financing; providing use for certain workforce housing; amending Minnesota Statutes 2012, sections 462A.33, subdivision 3; 469.174, subdivision 12; 469.175, subdivision 3; 469.176, subdivision 1b; 469.1761, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 469.176, subdivision 4c.

 

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

 

 

Mahoney and Kieffer introduced:

 

H. F. No. 2740, A bill for an act relating to workers' compensation insurance; limiting the insurer's permissible administrative expenses; amending Minnesota Statutes 2012, section 79.561, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Fischer introduced:

 

H. F. No. 2741, A bill for an act relating to human services; modifying funding for mental health services; appropriating money; amending Minnesota Statutes 2013 Supplement, section 256B.761.

 

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


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Johnson, S., introduced:

 

H. F. No. 2742, A bill for an act relating to workers' compensation; regulating independent contract status of certain individuals in the trucking industry; imposing penalties; amending Minnesota Statutes 2012, section 176.043.

 

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

 

 

Hortman introduced:

 

H. F. No. 2743, A bill for an act relating to education finance; revising debt service equalization, health and safety levy equalization, alternative facilities revenue equalization, and deferred maintenance revenue equalization; amending Minnesota Statutes 2012, sections 123B.53, subdivision 4; 123B.59, subdivision 6, by adding subdivisions; Minnesota Statutes 2013 Supplement, sections 123B.53, subdivisions 1, 5; 123B.57, subdivision 4; 123B.591, subdivision 3.

 

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

 

 

Dorholt introduced:

 

H. F. No. 2744, A bill for an act relating to education; modifying certain English learner provisions; amending Minnesota Statutes 2012, section 124D.59, subdivision 2.

 

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

 

 

Dettmer; Lohmer; Benson, M.; Anderson, P., and Gunther introduced:

 

H. F. No. 2745, A bill for an act relating to arts and cultural heritage; appropriating money to the veterans rest camp.

 

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

 

 

Poppe introduced:

 

H. F. No. 2746, A bill for an act relating to agriculture; removing obsolete, redundant, and unnecessary laws administered by the Department of Agriculture; transferring the enforcement of warehouse law from the Department of Agriculture to the Department of Commerce; amending Minnesota Statutes 2012, sections 17.03, subdivision 1; 17.101, subdivision 5; 28A.05; 28A.08, subdivision 3; 32.645, subdivision 1; 231.01, subdivisions 2, 5; 231.18, subdivision 3; 609B.105; Minnesota Statutes 2013 Supplement, section 28A.0752, subdivision 1; repealing Minnesota Statutes 2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161; 17.138; 17.14, subdivisions 1, 3, 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42; 17.43; 17.44; 17.452, subdivisions 1, 2; 18.011; 18.62; 18.63; 18.64; 18.65; 18.66; 18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1, 6; 30.099; 30.10; 30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 30.17; 30.19; 30.20; 30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411, subdivisions 1, 2, 3, 4, 5; 32.417; 32.57; 32.59.

 

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


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Johnson, B., introduced:

 

H. F. No. 2747, A bill for an act relating to state lands; authorizing sale of certain tax-forfeited lands bordering public waters in Chisago County.

 

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

 

 

Myhra, Gruenhagen and Runbeck introduced:

 

H. F. No. 2748, A bill for an act relating to education; amending local literacy plans; amending Minnesota Statutes 2012, section 120B.12, subdivision 4a.

 

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

 

 

Liebling; Johnson, C.; Franson; Dean, M.; Zerwas; Huntley and Newton introduced:

 

H. F. No. 2749, A bill for an act relating to human services; eliminating the county share for certain adult mental health case management services; amending Minnesota Statutes 2013 Supplement, section 256B.06, subdivision 4.

 

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

 

 

Huntley, Abeler, Loeffler and Liebling introduced:

 

H. F. No. 2750, A bill for an act relating to human services; modifying provisions governing community first services and supports; amending Minnesota Statutes 2013 Supplement, section 256B.85, subdivisions 1, 2, 7.

 

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

 

 

Masin, Newton and Bernardy introduced:

 

H. F. No. 2751, A bill for an act relating to metropolitan transit; expanding scope of jurisdiction of Transportation Accessibility Advisory Committee; amending Minnesota Statutes 2012, sections 473.375, by adding a subdivision; 473.386, subdivision 2.

 

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

 

 

Masin, Newton and Bernardy introduced:

 

H. F. No. 2752, A bill for an act relating to metropolitan transit; requiring Metropolitan Council to adopt standards for light rail vehicles; requiring Transportation Accessibility Advisory Committee approval of vehicle standards; requiring report; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6845

Woodard introduced:

 

H. F. No. 2753, A bill for an act relating to human services; providing a nursing facility operating payment rate increase for a facility in Le Sueur County; amending Minnesota Statutes 2012, section 256B.431, by adding a subdivision.

 

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

 

 

Fischer and Clark introduced:

 

H. F. No. 2754, A bill for an act relating to juveniles; safety and placement; providing for the emancipation of minors in certain situations; amending Minnesota Statutes 2012, section 518A.39, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Paymar, Lesch, Cornish and Hilstrom introduced:

 

H. F. No. 2755, A bill for an act relating to corrections; amending and repealing outdated and redundant statutes; amending Minnesota Statutes 2012, sections 241.01, subdivision 3a; 242.19, subdivision 2; 242.32, subdivision 1; 242.46, subdivision 3; 243.1605; 243.1606, subdivision 3; 260.51; 260.55; 260.56; repealing Minnesota Statutes 2012, sections 241.022; 241.0221; 241.024; 241.34; 242.37; 242.56, subdivisions 1, 2, 4, 5, 6, 7; 243.18, subdivision 2; 243.64; 260.52; 260.54.

 

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

 

 

Newton introduced:

 

H. F. No. 2756, A bill for an act relating to education; clarifying that children under age seven who voluntarily enroll in school are subject to the compulsory attendance law; amending Minnesota Statutes 2012, section 120A.22, subdivision 6.

 

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

 

 

Newton, Sawatzky and Lien introduced:

 

H. F. No. 2757, A bill for an act relating to veterans homes; modifying cost of care calculations; providing for annual adjustments amending Minnesota Statutes 2012, section 198.03, subdivisions 2, 3.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.


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Wagenius, Bly and Faust introduced:

 

H. F. No. 2758, A bill for an act relating to taxation; property; providing an agricultural credit for property used for organic farming; amending Minnesota Statutes 2012, section 273.1384, subdivision 2.

 

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

 

 

Huntley introduced:

 

H. F. No. 2759, A bill for an act relating to human services; modifying the critical access dental provider requirements; amending Minnesota Statutes 2013 Supplement, section 256B.76, subdivision 4.

 

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

 

 

Huntley introduced:

 

H. F. No. 2760, A bill for an act relating to health; establishing a health care homes advisory committee; amending Minnesota Statutes 2012, section 256B.0751, by adding a subdivision.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 2761, A bill for an act relating to health; eliminating a grant-in-aid requirement for the Minnesota Board on Aging; amending Minnesota Statutes 2012, section 144A.33, subdivision 2.

 

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

 

 

Uglem, Lohmer, Gunther and Mahoney introduced:

 

H. F. No. 2762, A bill for an act relating to cosmetology; making changes to the Board of Cosmetologist Examiners; authorizing exempt rulemaking; amending Minnesota Statutes 2012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29, subdivisions 1, 3, by adding a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision 10; repealing Minnesota Statutes 2012, sections 155A.24, subdivisions 3, 4; 155A.27, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Isaacson introduced:

 

H. F. No. 2763, A bill for an act relating to housing; repealing obsolete, redundant, and unnecessary laws and rules under the direction of the Minnesota Housing Finance Agency; making conforming changes; changing a State Register notice requirement; amending Minnesota Statutes 2012, sections 462A.225; 469.0171; repealing Minnesota Statutes 2012, sections 462A.203; 462A.205; 462A.206, subdivisions 1, 2, 3, 4; 462A.2092; 462A.21, subdivisions 15, 21, 24, 25, 28; 462C.04, subdivisions 3, 4; Minnesota Rules, parts 4900.0351; 4900.0352; 4900.0353;


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6847

4900.0354; 4900.0355; 4900.0356; 4900.0601; 4900.0602; 4900.0603; 4900.0604; 4900.0605; 4900.1800; 4900.1801; 4900.1802; 4900.1803; 4900.1804; 4900.1805; 4900.1806; 4900.1807; 4900.1808; 4900.1900; 4900.1905; 4900.1910; 4900.1915; 4900.3370; 4900.3371; 4900.3372; 4900.3373; 4900.3374; 4900.3375; 4900.3376; 4900.3377; 4900.3378; 4900.3379; 4900.3380; 4900.3400; 4900.3402; 4900.3403; 4900.3404; 4900.3410; 4900.3411; 4900.3412; 4900.3413; 4900.3414; 4900.3420; 4900.3421; 4900.3422; 4900.3423; 4900.3424.

 

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

 

 

Wills and Metsa introduced:

 

H. F. No. 2764, A bill for an act relating to insurance; public insurance adjusters; eliminating obsolete references; amending Minnesota Statutes 2012, section 72B.135, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Falk introduced:

 

H. F. No. 2765, A bill for an act relating to eminent domain; providing for discharge of a portion of an easement acquired by condemnation for trunk highway purposes; amending Minnesota Statutes 2012, section 117.225.

 

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

 

 

Abeler introduced:

 

H. F. No. 2766, A bill for an act relating to education; addressing access to student data; clarifying disclosure requirements affecting personally identifiable information about a student; allowing Minnesota to withdraw from an agreement affecting its autonomy over state academic standards; managing personally identifiable information in electronic student education records; amending Minnesota Statutes 2012, sections 13.32, subdivision 5; 120B.021, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2.

 

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

 

 

Johnson, S., introduced:

 

H. F. No. 2767, A bill for an act relating to telecommunications; eliminating antiquated, unnecessary, redundant, or obsolete laws; making conforming changes; amending Minnesota Statutes 2012, sections 237.763; 237.773, subdivision 1; repealing Minnesota Statutes 2012, sections 237.03; 237.068; 237.44; 237.45; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10; 237.75.

 

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6848

Dean, M., introduced:

 

H. F. No. 2768, A bill for an act relating to human services; direction to commissioner regarding an examination of billing and collections for medical assistance and MinnesotaCare.

 

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. 2769, A bill for an act relating to human services; requiring state prepaid health care programs to contract for services on a single-plan basis; requiring a report; amending Minnesota Statutes 2012, section 256B.69, by adding a subdivision.

 

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

 

 

Johnson, S.; Cornish; Slocum; Liebling and Lohmer introduced:

 

H. F. No. 2770, A bill for an act relating to public safety; implementing probation single funding; amending Minnesota Statutes 2012, sections 244.19, subdivisions 6, 7; 244.20; 401.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

Anzelc and Radinovich introduced:

 

H. F. No. 2771, A bill for an act relating to taxation; repealing the Iron Range fiscal disparities program; correcting cross-references; amending Minnesota Statutes 2012, sections 270C.89, subdivision 2; 275.025, subdivisions 1, 2; 275.065, subdivision 3; 278.14, subdivision 1; 428A.05; 465.82, subdivision 2; 469.175, subdivision 6; 469.177, subdivision 3; 469.1813, subdivision 2; 477A.011, subdivisions 27, 35; Minnesota Statutes 2013 Supplement, section 134.34, subdivision 4; repealing Minnesota Statutes 2012, sections 276A.01, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 16; 276A.02; 276A.03; 276A.04; 276A.05; 276A.06, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9; 276A.07; 276A.08; 276A.09; Minnesota Statutes 2013 Supplement, sections 276A.01, subdivisions 10, 12, 13, 15; 276A.06, subdivision 10.

 

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

 

 

Loeffler, Huntley, Liebling, Moran, Fischer and Abeler introduced:

 

H. F. No. 2772, A bill for an act relating to public health; prohibiting the sale of certain cleaning products containing triclosan; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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


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Faust; Erickson, S., and Johnson, B., introduced:

 

H. F. No. 2773, A bill for an act relating to human services; modifying nursing facility operating payment rates for certain facilities; amending Minnesota Statutes 2012, section 256B.431, by adding a subdivision.

 

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

 

 

Moran introduced:

 

H. F. No. 2774, A bill for an act relating to health care; requiring performance data collected by the Department of Health to be collected based on race, ethnicity, language, and other patient characteristics; requiring the Department of Health to develop a risk adjustment methodology; appropriating money; amending Minnesota Statutes 2012, section 62U.02, subdivisions 1, 3.

 

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

 

 

Brynaert; Carlson; Johnson, C.; Fischer; Erickson, R.; Morgan; Norton; Newton; Slocum; Benson, J., and Davnie introduced:

 

H. F. No. 2775, A bill for an act relating to education; aligning teacher evaluation programs; amending Minnesota Statutes 2012, section 122A.414, subdivision 2; Minnesota Statutes 2013 Supplement, sections 122A.40, subdivision 8; 122A.41, subdivision 5; 124D.10, subdivision 8.

 

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

 

 

Brynaert; Urdahl; Selcer; Bly; Morgan; Johnson, C.; Slocum; Benson, J., and Davnie introduced:

 

H. F. No. 2776, A bill for an act relating to education; further clarifying key elements of Minnesota's career pathways and technical education system; enlisting P-20 partnership support in this work; amending Minnesota Statutes 2012, sections 122A.60, subdivisions 1a, 2, 3; 127A.70, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 120B.11, subdivisions 1, 1a; 120B.115; 120B.125.

 

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

 

 

Nelson introduced:

 

H. F. No. 2777, A bill for an act relating to building permits; modifying building permit fees; amending Minnesota Statutes 2012, sections 326B.153, subdivision 1; 462.353, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.


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Persell; Mahoney; Hamilton; Ward, J.E.; Radinovich and Kresha introduced:

 

H. F. No. 2778, A bill for an act relating to economic development; adopting the Minnesota New Markets Jobs Act; providing capital for business growth in economically distressed communities; imposing penalties; proposing coding for new law as Minnesota Statutes, chapter 116X.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Schoen and Abeler introduced:

 

H. F. No. 2779, A bill for an act relating to health; changing licensing provisions for licensed professional clinical counselors; amending Minnesota Statutes 2012, section 148B.5301, subdivisions 2, 4.

 

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

 

 

Hansen, Cornish, Persell, Albright and Ward, J.E., introduced:

 

H. F. No. 2780, A bill for an act relating to natural resources; establishing a shooting sports facility grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 87A.

 

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

 

 

Pelowski, Lillie, Scott, Winkler and Morgan introduced:

 

H. F. No. 2781, A bill for an act relating to data practices; requiring towns to comply with certain data classifications; proposing coding for new law in Minnesota Statutes, chapter 365.

 

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

 

 

Hansen introduced:

 

H. F. No. 2782, A bill for an act relating to taxation; property; repealing the Sustainable Forest Incentive Act; repealing Minnesota Statutes 2012, sections 290C.01; 290C.02, subdivisions 1, 2, 3, 4, 5, 7, 8, 9; 290C.04; 290C.05; 290C.06; 290C.08; 290C.09; 290C.10; 290C.11; 290C.12; 290C.13; Minnesota Statutes 2013 Supplement, sections 290C.02, subdivision 6; 290C.03; 290C.055; 290C.07.

 

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

 

 

Isaacson; Ward, J.A., and Bernardy introduced:

 

H. F. No. 2783, A bill for an act relating to local government; authorizing Ramsey County Housing and Redevelopment Authority to exercise certain housing powers; proposing coding for new law in Minnesota Statutes, chapter 383A.

 

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


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Runbeck and Sanders introduced:

 

H. F. No. 2784, A bill for an act relating to local government; allowing tax levy for countywide public safety improvements and equipment projects; amending Minnesota Statutes 2012, section 383E.21, subdivisions 1, 2.

 

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

 

 

Dorholt, Nelson, O'Neill, Abeler, Kahn and Ward, J.E., introduced:

 

H. F. No. 2785, A bill for an act relating to state government; requiring a feasibility study on creating a central fund to pay for costs of providing accommodations to state employees with disabilities.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2786, A bill for an act relating to transportation; motor vehicles; creating a Biomethane Task Force; requiring a report.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2787, A bill for an act relating to transportation; motor vehicles; eliminating barriers to the purchase of electric and plug-in hybrid electric vehicles by state agencies; amending Minnesota Statutes 2012, section 16C.138, subdivision 2.

 

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

 

 

Uglem; Fischer; Newton; Lohmer; Zerwas; Dettmer; Albright; Freiberg; Newberger; Scott; Loon; Anderson, S.; Daudt; Dean, M.; McDonald; Leidiger; Runbeck; Woodard; McNamara; Pugh; Hertaus; Sanders; Selcer and Peppin introduced:

 

H. F. No. 2788, A bill for an act relating to metropolitan government; providing for staggered terms of Metropolitan Council members; amending Minnesota Statutes 2012, section 473.123, subdivision 2a.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 2789, A bill for an act relating to taxation; property; local government; modifying payment in lieu of taxes distribution; modifying the calculation on aid losses; amending Minnesota Statutes 2013 Supplement, sections 477A.013, subdivision 8; 477A.14, subdivision 1.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6852

Murphy, M., and Simonson introduced:

 

H. F. No. 2790, A bill for an act relating to retirement; Public Employees Retirement Association; resolving city of Duluth and Duluth Airport Authority employee salary-supplement payments coverage following Court of Appeals decision; ratifying past actions.

 

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

 

 

Scott; Anderson, S.; Newberger; Peppin; Albright; Loon and Uglem introduced:

 

H. F. No. 2791, A bill for an act relating to metropolitan government; providing for staggering of Metropolitan Council members' terms; providing that members of the Metropolitan Council must be local elected officials; amending Minnesota Statutes 2012, section 473.123, subdivisions 2a, 3.

 

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

 

 

Scott; Anderson, S.; Peppin; Newberger; Albright and Loon introduced:

 

H. F. No. 2792, A bill for an act relating to local government; allowing local governments in the metropolitan area to opt out of comprehensive planning; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

Scott, Lesch, Holberg and Pugh introduced:

 

H. F. No. 2793, A bill for an act relating to health insurance; modifying MNsure data-sharing agreements; amending Minnesota Statutes 2013 Supplement, section 62V.06, subdivision 5.

 

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

 

 

Kiel; Anzelc; Anderson, P.; Schomacker; O'Driscoll; Johnson, B.; Sundin; Nornes; Dill and Metsa introduced:

 

H. F. No. 2794, A bill for an act relating to transportation; highways; providing for general fund appropriations for county state-aid highways; proposing coding for new law in Minnesota Statutes, chapter 162.

 

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

 

 

Holberg, Erhardt, Simon, Runbeck, Rosenthal and Beard introduced:

 

H. F. No. 2795, A bill for an act relating to data practices; modifying standards related to bulk transfer of certain driver's license and motor vehicle registration data; requiring a study; amending Minnesota Statutes 2012, sections 168.346, subdivision 1; 171.12, subdivision 7.

 

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


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Isaacson; Lien; Kieffer; Ward, J.A., and Kiel introduced:

 

H. F. No. 2796, A bill for an act relating to labor and industry; prohibiting mandatory fire sprinkler installation; amending Minnesota Statutes 2012, section 299F.01, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Loeffler, Abeler and Norton introduced:

 

H. F. No. 2797, A bill for an act relating to human services; increasing the medical assistance personal needs allowance for persons in certain facilities; amending Minnesota Statutes 2012, section 256B.35, subdivision 1.

 

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

 

 

Hansen, Wagenius, Winkler, Hornstein and Simonson introduced:

 

H. F. No. 2798, A bill for an act relating to environment; prohibiting plants treated with pollinator lethal insecticide from being labeled or advertised as beneficial to pollinators; amending Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.

 

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

 

 

Davnie; Wagenius; Hornstein; Norton; Johnson, S., and Clark introduced:

 

H. F. No. 2799, A bill for an act relating to agriculture; eliminating state preemption of certain pesticide control ordinances for cities of the first class; amending Minnesota Statutes 2012, section 18B.02.

 

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

 

 

Dean, M., introduced:

 

H. F. No. 2800, A bill for an act relating to capital investment; repealing authority to build a new legislative office building; appropriating money remaining from the project to the capitol renovation project; amending Laws 2013, chapter 143, article 12, section 21.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Persell introduced:

 

H. F. No. 2801, A bill for an act relating to veterinarians; specifying appointments to the Board of Veterinary Medicine must reflect the geography of the state; modifying the process for temporary suspension of veterinarian licenses; amending Minnesota Statutes 2012, sections 156.01, subdivision 1; 156.126.

 

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


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Hansen introduced:

 

H. F. No. 2802, A bill for an act relating to agriculture; prohibiting the Department of Agriculture from accepting funds from agricultural commodity groups for certain activities; appropriating money; amending Minnesota Statutes 2012, section 17.03, subdivision 10; Minnesota Statutes 2013 Supplement, section 17.1015.

 

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

 

 

Liebling and Norton introduced:

 

H. F. No. 2803, A bill for an act relating to health; changing provisions for certain licensed health professions; amending Minnesota Statutes 2012, sections 147.081, subdivision 3; 148.171, subdivisions 3, 5, 6, 10, 11, 13, 16, 21, by adding subdivisions; 148.211, by adding subdivisions; 148.235, subdivisions 2, 2a, 4, 4a, 4b, 6; 148.261, by adding subdivisions; Minnesota Statutes 2013 Supplement, section 147.012.

 

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

 

 

Hansen and Davids introduced:

 

H. F. No. 2804, A bill for an act relating to natural resources; requiring a native quail recovery plan.

 

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

 

 

Liebling introduced:

 

H. F. No. 2805, A bill for an act relating to health occupations; modifying grounds for disciplinary action by the Board of Nursing; modifying the health professionals services program; modifying the compensation paid to the health-related licensing board members; amending Minnesota Statutes 2012, sections 148.261, subdivisions 1, 4, by adding a subdivision; 214.09, subdivision 3; 214.32, by adding a subdivision; 214.33, subdivision 3; 214.35; Minnesota Statutes 2013 Supplement, section 364.09.

 

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

 

 

Liebling; Savick; Norton; Fritz; Poppe; Erickson, R.; Metsa and Pelowski introduced:

 

H. F. No. 2806, A bill for an act relating to insurance; specifying geographical considerations in regard to implementing and adjusting the Affordable Care Act in this state; appropriating money; amending Minnesota Statutes 2013 Supplement, sections 62A.65, subdivision 3; 62K.10, subdivisions 2, 3.

 

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

 

 

Green introduced:

 

H. F. No. 2807, A bill for an act relating to taxation; property; repealing assessor accreditation requirement; repealing Minnesota Statutes 2013 Supplement, section 270C.9901.

 

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


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Sundin, Anzelc, Hornstein, Nelson, Slocum, Metsa, McNamar, O'Neill, Holberg and Beard introduced:

 

H. F. No. 2808, A bill for an act relating to transportation; highways; requiring the commissioner of transportation to utilize pavement material with a design life of at least 20 years; amending Minnesota Statutes 2012, section 174.185, by adding a subdivision.

 

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

 

 

Lillie, Atkins and Hoppe introduced:

 

H. F. No. 2809, A bill for an act relating to commerce; allowing for designated agency in real estate transactions; amending Minnesota Statutes 2012, sections 82.55, by adding a subdivision; 82.66, subdivisions 1, 2; 82.67, subdivisions 3, 4; 82.73, subdivision 3, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Peppin, Newberger and Scott introduced:

 

H. F. No. 2810, A bill for an act relating to the Metropolitan Council; requiring formal solicitation procedures for professional and technical services contracts; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

Peppin, Newberger and Scott introduced:

 

H. F. No. 2811, A bill for an act relating to state government; requiring disclosure of certain salaries of employees of nonprofit corporations receiving appropriations or grants from the state; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

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

 

 

Newton and Dettmer introduced:

 

H. F. No. 2812, A bill for an act relating to state observances; creating Veterans' Voices Month; proposing coding for new law in Minnesota Statutes, chapter 10.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Newton introduced:

 

H. F. No. 2813, A bill for an act relating to transportation; capital investment; appropriating money for a project on U.S. Highway 10; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6856

Poppe introduced:

 

H. F. No. 2814, A bill for an act relating to capital improvements; appropriating money for flood hazard mitigation grants; 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.

 

 

Poppe introduced:

 

H. F. No. 2815, A bill for an act relating to capital investment; appropriating money for the Shooting Star State Trail; 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.

 

 

Faust introduced:

 

H. F. No. 2816, A bill for an act relating to capital investment; appropriating money for a lift station and water main in Pine City; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Winkler and Simon introduced:

 

H. F. No. 2817, A bill for an act relating to capital investment; appropriating money for the Southwest Corridor light rail transit line; authorizing the sale and issuance of state bonds.

 

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

 

 

Murphy, M., introduced:

 

H. F. No. 2818, A bill for an act relating to capital investment; appropriating money for a new water main in Rice Lake Township, St. Louis County; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Wills; Masin; Ward, J.A.; Hansen; Mack; McNamara; Halverson; Lillie and Dean, M., introduced:

 

H. F. No. 2819, A bill for an act relating to capital investment; appropriating money for the Minnesota Zoo; 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.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6857

Hamilton introduced:

 

H. F. No. 2820, A bill for an act relating to capital investment; appropriating money for construction of a regional ice arena in Windom; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Lohmer introduced:

 

H. F. No. 2821, A bill for an act relating to capital investment; appropriating money for Lake Elmo water supply improvements.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Murphy, M., and Sundin introduced:

 

H. F. No. 2822, A bill for an act relating to capital investment; appropriating money for the city of Hermantown to develop a regional health and wellness center; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Carlson, Mahoney, Atkins and Murphy, E., introduced:

 

H. F. No. 2823, A bill for an act relating to capital investment; appropriating money for the Minnesota Workers Memorial; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Fischer introduced:

 

H. F. No. 2824, A bill for an act relating to natural resources; modifying water appropriation provisions; providing for administrative penalties for water appropriation violations; amending Minnesota Statutes 2012, sections 103G.251; 103G.271, subdivisions 5, 6; 103G.281, subdivisions 1, 2, by adding a subdivision; 103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

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

 

 

Fischer introduced:

 

H. F. No. 2825, A bill for an act relating to natural resources; modifying water appropriation provisions; providing for administrative penalties for water appropriation violations; amending Minnesota Statutes 2012, sections 103G.251; 103G.271, subdivisions 5, 6; 103G.281, subdivisions 1, 2, by adding a subdivision; 103G.301, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6858

Liebling; Franson; Schomacker; Fritz; Johnson, C.; Anzelc; Urdahl; Sundin; Erickson, R.; Torkelson; Faust; Petersburg; Hamilton; McNamar and Falk introduced:

 

H. F. No. 2826, A bill for an act relating to health; defining county roles and options in the purchasing of health care for people enrolled in Minnesota health care programs; amending Minnesota Statutes 2012, sections 256B.69, subdivisions 3a, 3b; 256B.692, subdivision 1; Minnesota Statutes 2013 Supplement, section 256B.0756.

 

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

 

 

Murphy, M., introduced:

 

H. F. No. 2827, A bill for an act relating to retirement; Minnesota State Retirement System and Teachers Retirement Association; specifying the interest rate for computing joint-and-survivor annuities, revising postretirement adjustment trigger procedures, revising annuity application time period, and revising reemployed annuitant benefit withholding procedures in certain divorce situations in various Minnesota State Retirement System plans; expanding and clarifying the Teachers Retirement Association medical advisor selection and resumption of teaching provisions; and making a technical revision in a federal compliance provision; amending Minnesota Statutes 2012, sections 3A.01, subdivision 1a; 352.01, subdivision 12; 352.115, subdivisions 8, 10; 352B.08, subdivision 3; 354.44, subdivision 5; 354.48, subdivision 6a; 356.635, subdivision 6; 490.121, subdivision 2a; Minnesota Statutes 2013 Supplement, sections 352.03, subdivision 4; 356.415, subdivisions 1a, 1e, 1f; proposing coding for new law in Minnesota Statutes, chapter 356.

 

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

 

 

Quam and Beard introduced:

 

H. F. No. 2828, A bill for an act relating to energy; establishing a goal for pipeline permitting efficiency; requiring a report; amending Minnesota Statutes 2012, section 216G.02, by adding a subdivision.

 

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

 

 

Atkins and Hoppe introduced:

 

H. F. No. 2829, A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and regulatory provisions; amending Minnesota Statutes 2012, sections 349.12, subdivision 18, by adding a subdivision; 349.16, by adding a subdivision; 349.163, subdivision 3, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivision 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349.2127, subdivision 7, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 349.19, subdivision 2; repealing Minnesota Statutes 2012, sections 349.169; 349.19, subdivision 9.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6859

Marquart introduced:

 

H. F. No. 2830, A bill for an act relating to counties; providing a process for combining and making the offices of county auditor-treasurer and recorder appointive in Becker County.

 

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

 

 

Gruenhagen introduced:

 

H. F. No. 2831, A bill for an act relating to elections; establishing an electronic voter registration system; invalidating existing electronic voter registration system; appropriating money; amending Minnesota Statutes 2012, sections 201.054, subdivision 1; 201.071, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 201.

 

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

 

 

Abeler and Huntley introduced:

 

H. F. No. 2832, A bill for an act relating to human services; appropriating money for the collaboration of community services partners demonstration project.

 

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

 

 

Laine introduced:

 

H. F. No. 2833, A bill for an act relating to public safety; addressing the needs of incarcerated women related to pregnancy and childbirth; proposing coding for new law in Minnesota Statutes, chapter 241.

 

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

 

 

Hortman introduced:

 

H. F. No. 2834, A bill for an act relating to energy; eliminating antiquated, unnecessary, redundant, or obsolete laws; making conforming changes; amending Minnesota Statutes 2012, sections 216C.03; 256E.25, subdivision 5a; repealing Minnesota Statutes 2012, sections 216C.14; 216C.262; 216C.263; 216C.373; 216C.38; 216C.44.

 

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

 

 

Masin, Yarusso, Newton, McNamar and Bernardy introduced:

 

H. F. No. 2835, A bill for an act relating to public safety; traffic regulations; modifying provisions governing disability parking; amending Minnesota Statutes 2012, section 168.021, subdivisions 1, 3; Minnesota Statutes 2013 Supplement, section 169.346, subdivision 2.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6860

Garofalo introduced:

 

H. F. No. 2836, A bill for an act relating to energy; excluding business customers from paying costs attributed to meeting the state's solar energy standard; amending Minnesota Statutes 2013 Supplement, section 216B.1691, subdivision 2f.

 

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

 

 

Garofalo introduced:

 

H. F. No. 2837, A bill for an act relating to energy; amending a partial funding source for solar energy incentives; appropriating money; amending Minnesota Statutes 2013 Supplement, section 216C.412, subdivision 2, by adding a subdivision.

 

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

 

 

Morgan, Schoen and Fritz introduced:

 

H. F. No. 2838, A bill for an act relating to commerce; prohibiting noncovered discounts for vision care provided by health and vision plans; adding optometrists to a definition of health care provider; amending Minnesota Statutes 2012, section 62Q.74, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Abeler introduced:

 

H. F. No. 2839, A bill for an act relating to family law; child support; modifying withholding requirements for child support obligors in arrears; amending Minnesota Statutes 2012, section 518A.53, subdivisions 1, 4, 10; Minnesota Statutes 2013 Supplement, section 518A.60.

 

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

 

 

Fritz introduced:

 

H. F. No. 2840, A bill for an act relating to local government; authorizing Rice County to sell real and personal property; requiring dissolution of a hospital district; repealing Laws 1961, chapter 372, sections 1; 2; Laws 1963, chapter 18, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; Laws 1996, chapter 471, article 8, sections 19; 20; 21; 22.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6861

Morgan; Kahn; Abeler; Mack; Ward, J.A.; Fischer; Fritz; Dean, M.; Zerwas; Albright; Schomacker; Erickson, S.; Newton; Moran; Davnie; Erhardt and Halverson introduced:

 

H. F. No. 2841, A bill for an act relating to human services; adding university-affiliated children's hospitals to the list of facilities excluded from fee-for-service payment rate reductions; amending Minnesota Statutes 2012, section 256.969, subdivision 3c.

 

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

 

 

Winkler; Metsa; Anzelc; Radinovich; Murphy, E.; Hansen; Dehn, R.; Hausman; Simonson; Fischer; Uglem; Kahn; Beard and O'Neill introduced:

 

H. F. No. 2842, A bill for an act relating to higher education; establishing a Sustainable Mining Institute at the University of Minnesota, Duluth; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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

 

 

Erickson, S., introduced:

 

H. F. No. 2843, A bill for an act relating to energy; abolishing the Legislative Energy Commission; repealing Minnesota Statutes 2012, section 3.8851.

 

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

 

 

Morgan introduced:

 

H. F. No. 2844, A bill for an act relating to energy; utilities; requiring certain information and a report related to interconnection of distributed renewable electric generation; amending Minnesota Statutes 2012, section 216B.1611, subdivision 4, by adding a subdivision.

 

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

 

 

Abeler and Huntley introduced:

 

H. F. No. 2845, A bill for an act relating to human services; requiring a public comment period for Medicaid waiver requests and state plan amendments; exempting federally qualified health centers and rural health clinics from payment limits for Medicare crossover claims; appropriating money for subsidies to federally qualified health centers; amending Minnesota Statutes 2012, sections 256B.04, by adding a subdivision; 256B.0625, subdivision 57.

 

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

 

 

Melin, Metsa, Radinovich, Anzelc and Dill introduced:

 

H. F. No. 2846, A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

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


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Laine introduced:

 

H. F. No. 2847, A bill for an act relating to health records; adding adult children of a deceased patient to the definition of patient; amending Minnesota Statutes 2012, section 144.291, subdivision 2.

 

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

 

 

Moran; Dehn, R.; Slocum and Clark introduced:

 

H. F. No. 2848, A bill for an act relating to economic development; appropriating money for Twin Cities Rise.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Garofalo introduced:

 

H. F. No. 2849, A bill for an act relating to transportation; motor vehicles; eliminating barriers to the purchase of electric and plug-in hybrid electric vehicles by state agencies; amending Minnesota Statutes 2012, sections 16C.138, subdivision 2; 160.02, by adding a subdivision.

 

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

 

 

Erickson, R., introduced:

 

H. F. No. 2850, A bill for an act relating to natural resources; modifying wetlands provisions; amending Minnesota Statutes 2012, sections 103G.222, subdivision 3; 103G.2241, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

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

 

 

Erickson, R., introduced:

 

H. F. No. 2851, A bill for an act relating to human services; appropriating money for out-of-home placement costs.

 

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

 

 

Dill introduced:

 

H. F. No. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying trespass provisions; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; updating and eliminating certain obsolete language; modifying prior appropriations; requiring rulemaking; providing criminal penalties; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.473, subdivisions 2a,


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6863

2b, 5, 5a; 97A.502; 97B.001, subdivisions 3, 4, 7; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.516; 97B.605; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; Minnesota Statutes 2013 Supplement, sections 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.

 

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

 

 

Atkins introduced:

 

H. F. No. 2853, A bill for an act relating to commerce; regulating certain licensees; modifying education requirements; repealing obsolete rules; making technical changes; modifying enforcement provisions; authorizing certain protective and restraining orders; regulating insurance holding company systems by enacting changes proposed by the National Association of Insurance Commissioners; amending Minnesota Statutes 2012, sections 45.027, subdivision 7; 58.12, subdivision 1; 60A.10, subdivision 1; 60D.09; 60D.15, by adding a subdivision; 60D.17, subdivisions 1, 2, 4, 6, 7; 60D.18, subdivisions 2, 6; 60D.19, subdivisions 1, 2, 3, 11, 12, by adding a subdivision; 60D.20, subdivisions 1, 3; 60D.21, subdivision 1, by adding subdivisions; 60D.22; 60D.23; 60K.54, subdivision 2; 62A.65, by adding a subdivision; 66A.01; 68A.01, subdivision 2; 68A.02, subdivision 1; 68A.04, subdivision 1; 82.55, subdivision 4; 82.641, subdivision 6; 82.81, subdivision 8; 82B.135, subdivision 1; 82B.19, subdivisions 1, 3, by adding a subdivision; 115C.02, subdivision 16; 115C.09, subdivisions 1, 2a, 3; 239.785, subdivision 6; 297I.01, subdivision 9; 327C.095, subdivision 11; 386.66; 507.401, subdivisions 1, 2, 3, 4, 5; 507.45, subdivision 4; 515B.4-109; Minnesota Statutes 2013 Supplement, sections 239.761, subdivision 8; 332A.02, subdivision 8; 559.202, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 60D; 82B; 609; repealing Minnesota Statutes 2012, section 82B.10, subdivision 7; Laws 2013, chapter 84, article 1, sections 25; 30; Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Atkins introduced:

 

H. F. No. 2854, A bill for an act relating to commerce; removing or modifying obsolete, unnecessary, or redundant laws and rules administered by the Department of Commerce; making conforming changes; amending Minnesota Statutes 2012, sections 16D.04, subdivisions 1, 4; 45.0111, subdivision 2; 45.22; 45.23; 46.046, by adding a subdivision; 47.20, subdivision 7; 47.325; 47.78; 48.93, subdivisions 1, 3; 53A.06; 56.131, subdivision 1; 56.14; 58.115; 59C.10, subdivision 2; 60A.0782, subdivisions 1, 2, 5, 11; 60A.0783, subdivisions 2, 3; 60A.0785, subdivision 3; 60A.0787, subdivision 4; 60A.0788, subdivision 2; 60A.0789, subdivisions 1, 2, 4; 60A.131; 60K.361; 61A.02, subdivisions 2, 3; 61A.03, subdivision 1; 61A.15, by adding a subdivision; 72B.03; 72B.041, subdivision 1; 72B.08, subdivision 1; 81A.02, subdivisions 1, 12; 81A.03, subdivision 2; 81A.04, subdivision 1; 81A.14, subdivision 2; 81A.16, subdivisions 1, 2, 5; 81A.17; 81A.19; 81A.20; 81A.21; 82.60, subdivisions 1, 5; 82.63, subdivision 6; 82A.03; 82A.04, subdivision 2; 82A.05, subdivision 6; 82A.08, subdivision 1; 82A.09, subdivision 2; 82A.10; 82A.11, subdivision 2; 82A.111, subdivision 2; 82A.12, subdivision 1; 82A.14; 82A.22, subdivision 2; 82A.25; 82A.26; 82B.195, subdivisions 1, 2; 83.26, subdivision 2; 83.30, subdivision 1; 115C.113; 115C.13; 239.011, subdivision 2; 239.06; 239.081; 239.09; 239.091; 239.44; 239.46; 239.75, subdivision 1;


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6864

239.753; 239.80, subdivision 1; 325E.11; 325E.115, subdivision 2; 332.31, subdivision 1; 332.311; 332.33, subdivisions 1, 2, 3, 5, 5a, 7; 332.38; 332.39; 332.40, subdivisions 1, 2, 3; 332.42, subdivisions 1, 2; 332.44; 386.015, subdivision 5; 386.62; 386.65, subdivision 1; 386.705; 386.706; 386.73; 386.74; 386.76; Minnesota Statutes 2013 Supplement, sections 82A.06, subdivision 2; 82A.13, subdivision 1; 239.101, subdivision 3; 270.41, subdivision 5; repealing Minnesota Statutes 2012, sections 13.713, subdivision 4; 45.0111; 45.25, subdivision 4; 45.42, subdivision 1; 46.045, subdivision 2; 46.046, subdivisions 3, 4; 46.047; 46.23, subdivision 3; 47.61, subdivision 2; 48.34; 48.92, subdivisions 4, 5; 53.07; 53A.081; 56.001, subdivisions 4, 5, 6; 60A.02, subdivision 2; 60A.078; 60A.18; 61A.05; 61A.09, subdivision 4; 61A.11; 61A.16; 61A.17; 61A.18; 62A.319; 62B.07, subdivision 8; 72A.53; 72B.02, subdivision 8; 80C.30; 81A.01; 81A.02, subdivision 5; 81A.08; 81A.18; 82.60, subdivisions 2, 3, 4; 82.63, subdivisions 7, 9, 10; 82A.04; 82A.07; 82A.08; 82A.11, subdivision 2; 82A.111, subdivision 5; 82A.13, subdivision 3; 82A.18, subdivision 3; 82A.22, subdivisions 1, 3; 82A.24, subdivision 5; 82B.021; 115C.01; 115C.111; 239.001; 239.002; 239.003; 239.012; 239.051, subdivision 7; 239.101, subdivision 4; 239.28; 239.29; 239.30; 239.31; 239.35; 239.36; 239.51; 239.511; 239.53; 239.54; 239.80, subdivisions 2, 3; 332.45; 386.61, subdivisions 1, 2, 4; 609B.109; Minnesota Statutes 2013 Supplement, sections 82.63, subdivision 8; 82A.06, subdivision 2; Minnesota Rules, parts 2782.0200; 2782.0300; 2782.0400; 2782.0500; 2782.0600; 2782.0700; 2782.0800; 2795.2000; 2830.0010; 2830.0020; 2830.0030; 2830.0040; 2830.0050; 2830.0060; 2830.0070; 2830.0080; 2830.0090; 2830.0100; 2870.0100; 2870.1100; 2870.1200; 2870.1400; 2870.1700; 2870.1800; 2870.1900; 2870.2000; 2870.2100; 2870.2200; 2870.2300; 2870.3100; 2870.3200; 2870.3300; 2870.3400; 2870.3500; 2870.3600; 2870.3700; 2870.3800; 2870.3900; 2870.4000; 2870.4100; 2870.5100; 7601.7010; 7601.7090, subpart 3; 7601.8000; 7602.0100.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

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 Thursday, March 6, 2014 and established a prefiling requirement for amendments offered to the following bills:

 

H. F. No. 1777; and S. F. No. 629.

 

 

CALENDAR FOR THE DAY

 

 

S. F. No. 629 was reported to the House.

 

 

Quam moved to amend S. F. No. 629, the first engrossment, as follows:

 

Page 1, after line 4, insert:

 

"Section 1. Minnesota Statutes 2012, section 375A.12, is amended by adding a subdivision to read:

 

Subd. 7. Retention election on appointee. (a) At the first general election after the effective date of this section, for any office made an appointed office after the effective date of this section, the county must at the first general election following appointment hold an election on whether to retain the person appointed. If the voters do not approve retention of the person appointed to the position, the appointee may stay in the position only until


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6865

January 1 immediately following the election, at which time the county board of commissioners must appoint another person to the position. If the voters approve retention of the person appointed to the position, the county may retain the person and shall hold a retention election at a general election every four years while the same person holds the appointed office.

 

(b) The ballot question shall be:

 

"May the county board retain [name] as the person appointed and responsible for the functions of [county office title]?

 

Yes

No . ""

 

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 3, before the period, insert "; requiring retention elections for persons appointed to certain county offices"

 

 

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

 

 

S. F. No. 629, A bill for an act relating to counties; providing a process for making certain county offices appointive in Jackson, Lake, Clay, Kandiyohi, and Lyon Counties.

 

 

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 85 yeas and 42 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, P.

Anzelc

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Fischer

FitzSimmons

Freiberg

Fritz

Green

Gruenhagen

Gunther

Halverson

Hansen

Hausman

Hoppe

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

O'Driscoll

Pelowski

Persell

Petersburg

Rosenthal

Sawatzky

Schoen

Schomacker

Selcer

Simon

Slocum

Sundin

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen



Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6866

Those who voted in the negative were:

 


Albright

Anderson, S.

Barrett

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Falk

Faust

Franson

Garofalo

Hackbarth

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kresha

Leidiger

Lohmer

Loon

Myhra

Newberger

Nornes

O'Neill

Paymar

Peppin

Poppe

Pugh

Quam

Radinovich

Runbeck

Sanders

Savick

Scott

Simonson

Swedzinski

Theis

Ward, J.E.

Wills

Zellers


 

 

The bill was passed and its title agreed to.

 

 

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

 

 

H. F. No. 1777 was reported to the House.

 

 

Anderson, S., moved to amend H. F. No. 1777, the second engrossment, as follows:

 

Page 8, line 11, reinstate the stricken language and delete the new language, and after the last comma, insert "and for taxable years beginning after December 31, 2013,"

 

Page 8, line 13, delete "2013" and insert "2014 and following years"

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the Anderson, S., amendment and the roll was called. There were 58 yeas and 69 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

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


 

Those who voted in the negative were:

 


Allen

Anzelc

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6867

Fritz

Halverson

Hausman

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

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

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

Loon moved to amend H. F. No. 1777, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2012, section 289A.02, subdivision 7, is amended to read:

 

Subd. 7. Internal Revenue Code. Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011 December 20, 2013.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 2. Minnesota Statutes 2012, section 289A.08, subdivision 7, is amended to read:

 

Subd. 7. Composite income tax returns for nonresident partners, shareholders, and beneficiaries. (a) The commissioner may allow a partnership with nonresident partners to file a composite return and to pay the tax on behalf of nonresident partners who have no other Minnesota source income. This composite return must include the names, addresses, Social Security numbers, income allocation, and tax liability for the nonresident partners electing to be covered by the composite return.

 

(b) The computation of a partner's tax liability must be determined by multiplying the income allocated to that partner by the highest rate used to determine the tax liability for individuals under section 290.06, subdivision 2c. Nonbusiness deductions, standard deductions, or personal exemptions are not allowed.

 

(c) The partnership must submit a request to use this composite return filing method for nonresident partners. The requesting partnership must file a composite return in the form prescribed by the commissioner of revenue. The filing of a composite return is considered a request to use the composite return filing method.

 

(d) The electing partner must not have any Minnesota source income other than the income from the partnership and other electing partnerships. If it is determined that the electing partner has other Minnesota source income, the inclusion of the income and tax liability for that partner under this provision will not constitute a return to satisfy the requirements of subdivision 1. The tax paid for the individual as part of the composite return is allowed as a payment of the tax by the individual on the date on which the composite return payment was made. If the electing nonresident partner has no other Minnesota source income, filing of the composite return is a return for purposes of subdivision 1.

 

(e) This subdivision does not negate the requirement that an individual pay estimated tax if the individual's liability would exceed the requirements set forth in section 289A.25. The individual's liability to pay estimated tax is, however, satisfied when the partnership pays composite estimated tax in the manner prescribed in section 289A.25.


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(f) If an electing partner's share of the partnership's gross income from Minnesota sources is less than the filing requirements for a nonresident under this subdivision, the tax liability is zero. However, a statement showing the partner's share of gross income must be included as part of the composite return.

 

(g) The election provided in this subdivision is only available to a partner who has no other Minnesota source income and who is either (1) a full-year nonresident individual or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of the Internal Revenue Code.

 

(h) A corporation defined in section 290.9725 and its nonresident shareholders may make an election under this paragraph. The provisions covering the partnership apply to the corporation and the provisions applying to the partner apply to the shareholder.

 

(i) Estates and trusts distributing current income only and the nonresident individual beneficiaries of the estates or trusts may make an election under this paragraph. The provisions covering the partnership apply to the estate or trust. The provisions applying to the partner apply to the beneficiary.

 

(j) For the purposes of this subdivision, "income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.01, subdivision 19a, clauses (6) to (10) (9), and the subtractions provided in: (i) section 290.01, subdivision 19b, clause (8), to the extent the amount is assignable or allocable to Minnesota under section 290.17; and (ii) section 290.01, subdivision 19b, clause (13). The subtraction allowed under section 290.01, subdivision 19b, clause (8), is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 3. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19, is amended to read:

 

Subd. 19. Net income. The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.

 

In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:

 

(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;

 

(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and

 

(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.

 

The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6869

The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.

 

The Internal Revenue Code of 1986, as amended through April 14, 2011 December 20, 2013, shall be in effect for taxable years beginning after December 31, 1996, and before January 1, 2012, and for taxable years beginning after December 31, 2012. The Internal Revenue Code of 1986, as amended through January 3, 2013, is in effect for taxable years beginning after December 31, 2011, and before January 1, 2013.

 

The provisions of sections 315 and 331 of the American Taxpayer Relief Act of 2012, Public Law 112-240, extension of increased expensing limitations and treatment of certain real property as section 179 property and extension and modification of bonus depreciation, are effective at the same time they become effective for federal purposes.

 

Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19 to 19f mean the code in effect for purposes of determining net income for the applicable year.

 

EFFECTIVE DATE. This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time as the changes were effective for federal purposes.

 

Sec. 4. Minnesota Statutes 2012, section 290.01, subdivision 19a, is amended to read:

 

Subd. 19a. Additions to federal taxable income. For individuals, estates, and trusts, there shall be added to federal taxable income:

 

(1)(i) interest income on obligations of any state other than Minnesota or a political or governmental subdivision, municipality, or governmental agency or instrumentality of any state other than Minnesota exempt from federal income taxes under the Internal Revenue Code or any other federal statute; and

 

(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue Code, except:

 

(A) the portion of the exempt-interest dividends exempt from state taxation under the laws of the United States; and

 

(B) the portion of the exempt-interest dividends derived from interest income on obligations of the state of Minnesota or its political or governmental subdivisions, municipalities, governmental agencies or instrumentalities, but only if the portion of the exempt-interest dividends from such Minnesota sources paid to all shareholders represents 95 percent or more of the exempt-interest dividends, including any dividends exempt under subitem (A), that are paid by the regulated investment company as defined in section 851(a) of the Internal Revenue Code, or the fund of the regulated investment company as defined in section 851(g) of the Internal Revenue Code, making the payment; and

 

(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal government described in section 7871(c) of the Internal Revenue Code shall be treated as interest income on obligations of the state in which the tribe is located;

 

(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid or accrued within the taxable year under this chapter and the amount of taxes based on net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other state or to any province or territory of Canada, to the extent allowed as a deduction under section 63(d) of the Internal Revenue Code, but the addition may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code state itemized deduction exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6870

amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code, minus any addition that would have been required under clause (21) (17) if the taxpayer had claimed the standard deduction. For the purpose of this paragraph, the disallowance of itemized deductions under section 68 of the Internal Revenue Code of 1986 clause, income, sales and use, motor vehicle sales, or excise taxes are the last itemized deductions disallowed under clause (15);

 

(3) the capital gain amount of a lump-sum distribution to which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;

 

(4) the amount of income taxes paid or accrued within the taxable year under this chapter and taxes based on net income paid to any other state or any province or territory of Canada, to the extent allowed as a deduction in determining federal adjusted gross income. For the purpose of this paragraph, income taxes do not include the taxes imposed by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;

 

(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10 other than expenses or interest used in computing net interest income for the subtraction allowed under subdivision 19b, clause (1);

 

(6) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

 

(7) 80 percent of the depreciation deduction allowed under section 168(k) of the Internal Revenue Code. For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) is allowed;

 

(8) 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;

 

(9) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

 

(10) for taxable years beginning before January 1, 2013, the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

 

(11) the amount of expenses disallowed under section 290.10, subdivision 2;

 

(12) (11) for taxable years beginning before January 1, 2010, the amount deducted for qualified tuition and related expenses under section 222 of the Internal Revenue Code, to the extent deducted from gross income;

 

(13) (12) for taxable years beginning before January 1, 2010, the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from gross income;

 

(14) the additional standard deduction for property taxes payable that is allowable under section 63(c)(1)(C) of the Internal Revenue Code;


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6871

(15) the additional standard deduction for qualified motor vehicle sales taxes allowable under section 63(c)(1)(E) of the Internal Revenue Code;

 

(16) (13) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code;

 

(17) the amount of unemployment compensation exempt from tax under section 85(c) of the Internal Revenue Code;

 

(18) (14) changes to federal taxable income attributable to a net operating loss that the taxpayer elected to carry back for more than two years for federal purposes but for which the losses can be carried back for only two years under section 290.095, subdivision 11, paragraph (c);

 

(19) (15) to the extent included in the computation of federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed itemized deductions, but the amount of disallowed itemized deductions plus the addition required under clause (2) may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code, and reduced by any addition that would have been required under clause (21) (17) if the taxpayer had claimed the standard deduction:

 

(i) the amount of disallowed itemized deductions is equal to the lesser of:

 

(A) three percent of the excess of the taxpayer's federal adjusted gross income over the applicable amount; or

 

(B) 80 percent of the amount of the itemized deductions otherwise allowable to the taxpayer under the Internal Revenue Code for the taxable year;

 

(ii) the term "applicable amount" means $100,000, or $50,000 in the case of a married individual filing a separate return. Each dollar amount shall be increased by an amount equal to:

 

(A) such dollar amount, multiplied by

 

(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof;

 

(iii) the term "itemized deductions" does not include:

 

(A) the deduction for medical expenses under section 213 of the Internal Revenue Code;

 

(B) any deduction for investment interest as defined in section 163(d) of the Internal Revenue Code; and

 

(C) the deduction under section 165(a) of the Internal Revenue Code for casualty or theft losses described in paragraph (2) or (3) of section 165(c) of the Internal Revenue Code or for losses described in section 165(d) of the Internal Revenue Code;

 

(20) (16) to the extent included in federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed personal exemptions for taxpayers with federal adjusted gross income over the threshold amount:


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(i) the disallowed personal exemption amount is equal to the dollar amount of the personal exemptions claimed by the taxpayer in the computation of federal taxable income multiplied by the applicable percentage;

 

(ii) "applicable percentage" means two percentage points for each $2,500 (or fraction thereof) by which the taxpayer's federal adjusted gross income for the taxable year exceeds the threshold amount. In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the applicable percentage exceed 100 percent;

 

(iii) the term "threshold amount" means:

 

(A) $150,000 in the case of a joint return or a surviving spouse;

 

(B) $125,000 in the case of a head of a household;

 

(C) $100,000 in the case of an individual who is not married and who is not a surviving spouse or head of a household; and

 

(D) $75,000 in the case of a married individual filing a separate return; and

 

(iv) the thresholds shall be increased by an amount equal to:

 

(A) such dollar amount, multiplied by

 

(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof; and

 

(21) (17) to the extent deducted in the computation of federal taxable income, for taxable years beginning after December 31, 2010, and before January 1, 2013 2014, the difference between the standard deduction allowed under section 63(c) of the Internal Revenue Code and the standard deduction allowed for 2011 and, 2012, and 2013 under the Internal Revenue Code as amended through December 1, 2010.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 5. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19b, is amended to read:

 

Subd. 19b. Subtractions from federal taxable income. For individuals, estates, and trusts, there shall be subtracted from federal taxable income:

 

(1) net interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;

 

(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;

 

(3) the amount paid to others, less the amount used to claim the credit allowed under section 290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and transportation of each qualifying child in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may


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legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or tuition as defined in section 290.0674, subdivision 1, clause (1). As used in this clause, "textbooks" includes books and other instructional materials and equipment purchased or leased for use in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. Equipment expenses qualifying for deduction includes expenses as defined and limited in section 290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. No deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or the qualifying child's vehicle to provide such transportation for a qualifying child. For purposes of the subtraction provided by this clause, "qualifying child" has the meaning given in section 32(c)(3) of the Internal Revenue Code;

 

(4) income as provided under section 290.0802;

 

(5) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491;

 

(6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E) of the Internal Revenue Code in determining federal taxable income by an individual who does not itemize deductions for federal income tax purposes for the taxable year, an amount equal to 50 percent of the excess of charitable contributions over $500 allowable as a deduction for the taxable year under section 170(a) of the Internal Revenue Code, under the provisions of Public Law 109-1 and Public Law 111-126;

 

(7) for individuals who are allowed a federal foreign tax credit for taxes that do not qualify for a credit under section 290.06, subdivision 22, an amount equal to the carryover of subnational foreign taxes for the taxable year, but not to exceed the total subnational foreign taxes reported in claiming the foreign tax credit. For purposes of this clause, "federal foreign tax credit" means the credit allowed under section 27 of the Internal Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed under section 904(c) of the Internal Revenue Code minus national level foreign taxes to the extent they exceed the federal foreign tax credit;

 

(8) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (7), or 19c, clause (12), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c, clause (12), in the case of a shareholder of an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition. The resulting delayed depreciation cannot be less than zero;

 

(9) job opportunity building zone income as provided under section 469.316;

 

(10) to the extent included in federal taxable income, the amount of compensation paid to members of the Minnesota National Guard or other reserve components of the United States military for active service, excluding compensation for services performed under the Active Guard Reserve (AGR) program. For purposes of this clause, "active service" means (i) state active service as defined in section 190.05, subdivision 5a, clause (1); or (ii) federally funded state active service as defined in section 190.05, subdivision 5b, but "active service" excludes service performed in accordance with section 190.08, subdivision 3;


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(11) to the extent included in federal taxable income, the amount of compensation paid to Minnesota residents who are members of the armed forces of the United States or United Nations for active duty performed under United States Code, title 10; or the authority of the United Nations;

 

(12) an amount, not to exceed $10,000, equal to qualified expenses related to a qualified donor's donation, while living, of one or more of the qualified donor's organs to another person for human organ transplantation. For purposes of this clause, "organ" means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow; "human organ transplantation" means the medical procedure by which transfer of a human organ is made from the body of one person to the body of another person; "qualified expenses" means unreimbursed expenses for both the individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses may be subtracted under this clause only once; and "qualified donor" means the individual or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An individual may claim the subtraction in this clause for each instance of organ donation for transplantation during the taxable year in which the qualified expenses occur;

 

(13) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition. If the net operating loss exceeds the addition for the tax year, a subtraction is not allowed under this clause;

 

(14) to the extent included in the federal taxable income of a nonresident of Minnesota, compensation paid to a service member as defined in United States Code, title 10, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief Act, Public Law 108-189, section 101(2);

 

(15) to the extent included in federal taxable income, the amount of national service educational awards received from the National Service Trust under United States Code, title 42, sections 12601 to 12604, for service in an approved Americorps National Service program;

 

(16) to the extent included in federal taxable income, discharge of indebtedness income resulting from reacquisition of business indebtedness included in federal taxable income under section 108(i) of the Internal Revenue Code. This subtraction applies only to the extent that the income was included in net income in a prior year as a result of the addition under section 290.01, subdivision 19a, clause (16) (13);

 

(17) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c); and

 

(18) the amount of expenses not allowed for federal income tax purposes due to claiming the railroad track maintenance credit under section 45G(a) of the Internal Revenue Code.;

 

(19) the amount of the limitation on itemized deductions under section 68(b) of the Internal Revenue Code; and

 

(20) the amount of the phaseout of personal exemptions under section 151(d) of the Internal Revenue Code.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 6. Minnesota Statutes 2012, section 290.01, is amended by adding a subdivision to read:

 

Subd. 29a. State itemized deduction. "State itemized deduction" means federal itemized deductions, as defined in section 63(d) of the Internal Revenue Code, disregarding any limitation under section 68 of the Internal Revenue Code, and reduced by the amount of the addition required under subdivision 19a, clause (15).

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 7. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 31, is amended to read:

 

Subd. 31. Internal Revenue Code. Unless specifically defined otherwise, for taxable years beginning before January 1, 2012, and after December 31, 2012, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011; and for taxable years beginning after December 31, 2011, and before January 1, 2013, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through January 3 December 20, 2013. Internal Revenue Code also includes any uncodified provision in federal law that relates to provisions of the Internal Revenue Code that are incorporated into Minnesota law. When used in this chapter, the reference to "subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code" is to the Internal Revenue Code as amended through March 18, 2010.

 

EFFECTIVE DATE. This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes.

 

Sec. 8. Minnesota Statutes 2013 Supplement, section 290.06, subdivision 2c, is amended to read:

 

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

 

(1) On the first $35,480, 5.35 percent;

 

(2) On all over $35,480, but not over $140,960, 7.05 percent;

 

(3) On all over $140,960, but not over $250,000, 7.85 percent;

 

(4) On all over $250,000, 9.85 percent.

 

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

 

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

 

(1) On the first $24,270, 5.35 percent;

 

(2) On all over $24,270, but not over $79,730, 7.05 percent;

 

(3) On all over $79,730, but not over $150,000, 7.85 percent;

 

(4) On all over $150,000, 9.85 percent.

 

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

 

(1) On the first $29,880, 5.35 percent;

 

(2) On all over $29,880, but not over $120,070, 7.05 percent;


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(3) On all over $120,070, but not over $200,000, 7.85 percent;

 

(4) On all over $200,000, 9.85 percent.

 

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

 

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

 

(1) the numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code and increased by the additions required under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), and (16) to (18) and (11) to (14), and reduced by the Minnesota assignable portion of the subtraction for United States government interest under section 290.01, subdivision 19b, clause (1), and the subtractions under section 290.01, subdivision 19b, clauses (8), (9), (13), (14), (16), and (17), after applying the allocation and assignability provisions of section 290.081, clause (a), or 290.17; and

 

(2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), and (16) to (18) and (11) to (14), and reduced by the amounts specified in section 290.01, subdivision 19b, clauses (1), (8), (9), (13), (14), (16), and (17).

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 9. Minnesota Statutes 2012, section 290.067, subdivision 1, is amended to read:

 

Subdivision 1. Amount of credit. (a) A taxpayer may take as a credit against the tax due from the taxpayer and a spouse, if any, under this chapter an amount equal to the dependent care credit for which the taxpayer is eligible pursuant to the provisions of section 21 of the Internal Revenue Code subject to the limitations provided in subdivision 2 except that in determining whether the child qualified as a dependent, income received as a Minnesota family investment program grant or allowance to or on behalf of the child must not be taken into account in determining whether the child received more than half of the child's support from the taxpayer, and the provisions of section 32(b)(1)(D) of the Internal Revenue Code do not apply.

 

(b) If a child who has not attained the age of six years at the close of the taxable year is cared for at a licensed family day care home operated by the child's parent, the taxpayer is deemed to have paid employment-related expenses. If the child is 16 months old or younger at the close of the taxable year, the amount of expenses deemed to have been paid equals the maximum limit for one qualified individual under section 21(c) and (d) of the Internal Revenue Code. If the child is older than 16 months of age but has not attained the age of six years at the close of the taxable year, the amount of expenses deemed to have been paid equals the amount the licensee would charge for the care of a child of the same age for the same number of hours of care.

 

(c) If a married couple:

 

(1) has a child who has not attained the age of one year at the close of the taxable year;


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(2) files a joint tax return for the taxable year; and

 

(3) does not participate in a dependent care assistance program as defined in section 129 of the Internal Revenue Code, in lieu of the actual employment related expenses paid for that child under paragraph (a) or the deemed amount under paragraph (b), the lesser of (i) the combined earned income of the couple or (ii) the amount of the maximum limit for one qualified individual under section 21(c) and (d) of the Internal Revenue Code will be deemed to be the employment related expense paid for that child. The earned income limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed amount. These deemed amounts apply regardless of whether any employment-related expenses have been paid.

 

(d) If the taxpayer is not required and does not file a federal individual income tax return for the tax year, no credit is allowed for any amount paid to any person unless:

 

(1) the name, address, and taxpayer identification number of the person are included on the return claiming the credit; or

 

(2) if the person is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name and address of the person are included on the return claiming the credit.

 

In the case of a failure to provide the information required under the preceding sentence, the preceding sentence does not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information required.

 

(e) In the case of a nonresident, part-year resident, or a person who has earned income not subject to tax under this chapter including earned income excluded pursuant to section 290.01, subdivision 19b, clause (9), the credit determined under section 21 of the Internal Revenue Code must be allocated based on the ratio by which the earned income of the claimant and the claimant's spouse from Minnesota sources bears to the total earned income of the claimant and the claimant's spouse.

 

(f) For residents of Minnesota, the subtractions for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not considered "earned income not subject to tax under this chapter."

 

(g) For residents of Minnesota, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter."

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 10. Minnesota Statutes 2012, section 290.067, subdivision 2a, is amended to read:

 

Subd. 2a. Income. (a) For purposes of this section, "income" means the sum of the following:

 

(1) federal adjusted gross income as defined in section 62 of the Internal Revenue Code; and

 

(2) the sum of the following amounts to the extent not included in clause (1):

 

(i) all nontaxable income;

 

(ii) the amount of a passive activity loss that is not disallowed as a result of section 469, paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss carryover allowed under section 469(b) of the Internal Revenue Code;


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(iii) an amount equal to the total of any discharge of qualified farm indebtedness of a solvent individual excluded from gross income under section 108(g) of the Internal Revenue Code;

 

(iv) cash public assistance and relief;

 

(v) any pension or annuity (including railroad retirement benefits, all payments received under the federal Social Security Act, supplemental security income, and veterans benefits), which was not exclusively funded by the claimant or spouse, or which was funded exclusively by the claimant or spouse and which funding payments were excluded from federal adjusted gross income in the years when the payments were made;

 

(vi) interest received from the federal or a state government or any instrumentality or political subdivision thereof;

 

(vii) workers' compensation;

 

(viii) nontaxable strike benefits;

 

(ix) the gross amounts of payments received in the nature of disability income or sick pay as a result of accident, sickness, or other disability, whether funded through insurance or otherwise;

 

(x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1995;

 

(xi) contributions made by the claimant to an individual retirement account, including a qualified voluntary employee contribution; simplified employee pension plan; self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal Revenue Code;

 

(xii) nontaxable scholarship or fellowship grants;

 

(xiii) the amount of deduction allowed under section 199 of the Internal Revenue Code;

 

(xiv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue Code;

 

(xv) the amount of deducted for tuition expenses required to be added to income under section 290.01, subdivision 19a, clause (12) under section 222 of the Internal Revenue Code; and

 

(xvi) the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code; and.

 

(xvii) unemployment compensation.

 

In the case of an individual who files an income tax return on a fiscal year basis, the term "federal adjusted gross income" means federal adjusted gross income reflected in the fiscal year ending in the next calendar year. Federal adjusted gross income may not be reduced by the amount of a net operating loss carryback or carryforward or a capital loss carryback or carryforward allowed for the year.

 

(b) "Income" does not include:

 

(1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;


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(2) amounts of any pension or annuity that were exclusively funded by the claimant or spouse if the funding payments were not excluded from federal adjusted gross income in the years when the payments were made;

 

(3) surplus food or other relief in kind supplied by a governmental agency;

 

(4) relief granted under chapter 290A;

 

(5) child support payments received under a temporary or final decree of dissolution or legal separation; and

 

(6) restitution payments received by eligible individuals and excludable interest as defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 107-16.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 11. Minnesota Statutes 2012, section 290.0671, subdivision 1, is amended to read:

 

Subdivision 1. Credit allowed. (a) An individual is allowed a credit against the tax imposed by this chapter equal to a percentage of earned income. To receive a credit, a taxpayer must be eligible for a credit under section 32 of the Internal Revenue Code.

 

(b) For individuals with no qualifying children, the credit equals 1.9125 percent of the first $4,620 of earned income. The credit is reduced by 1.9125 percent of earned income or adjusted gross income, whichever is greater, in excess of $5,770, but in no case is the credit less than zero.

 

(c) For individuals with one qualifying child, the credit equals 8.5 percent of the first $6,920 of earned income and 8.5 percent of earned income over $12,080 but less than $13,450. The credit is reduced by 5.73 percent of earned income or adjusted gross income, whichever is greater, in excess of $15,080, but in no case is the credit less than zero.

 

(d) For individuals with two or more qualifying children, the credit equals ten percent of the first $9,720 of earned income and 20 percent of earned income over $14,860 but less than $16,800. The credit is reduced by 10.3 percent of earned income or adjusted gross income, whichever is greater, in excess of $17,890, but in no case is the credit less than zero.

 

(e) For a nonresident or part-year resident, the credit must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e).

 

(f) For a person who was a resident for the entire tax year and has earned income not subject to tax under this chapter, including income excluded under section 290.01, subdivision 19b, clause (9), the credit must be allocated based on the ratio of federal adjusted gross income reduced by the earned income not subject to tax under this chapter over federal adjusted gross income. For purposes of this paragraph, the subtractions for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not considered "earned income not subject to tax under this chapter."

 

For the purposes of this paragraph, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter."

 

(g) For tax years beginning after December 31, 2007, and before December 31, 2010, and for tax years beginning after December 31, 2017, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $3,000 for married taxpayers filing joint returns. For tax years beginning after December 31, 2008, the commissioner shall annually


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adjust the $3,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2007" shall be substituted for the word "1992." For 2009, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2007, to the 12 months ending on August 31, 2008, and in each subsequent year, from the 12 months ending on August 31, 2007, to the 12 months ending on August 31 of the year preceding the taxable year. The earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the amount ends in $5, the amount is rounded up to the nearest $10. The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act.

 

(h) For tax years beginning after December 31, 2010, and before January 1, 2012, and for tax years beginning after December 31, 2012, and before January 1, 2018, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $5,000 for married taxpayers filing joint returns. For tax years beginning after December 31, 2010, and before January 1, 2012, and for tax years beginning after December 31, 2012, and before January 1, 2018, the commissioner shall annually adjust the $5,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall be substituted for the word "1992." For 2011, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2008, to the 12 months ending on August 31, 2010, and in each subsequent year, from the 12 months ending on August 31, 2008, to the 12 months ending on August 31 of the year preceding the taxable year. The earned income thresholds as adjusted for inflation must be rounded to the nearest $10. If the amount ends in $5, the amount is rounded up to the nearest $10. The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act.

 

(i) The commissioner shall construct tables showing the amount of the credit at various income levels and make them available to taxpayers. The tables shall follow the schedule contained in this subdivision, except that the commissioner may graduate the transition between income brackets.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 12. Minnesota Statutes 2012, section 290.0675, subdivision 1, is amended to read:

 

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

 

(b) "Earned income" means the sum of the following, to the extent included in Minnesota taxable income:

 

(1) earned income as defined in section 32(c)(2) of the Internal Revenue Code;

 

(2) income received from a retirement pension, profit-sharing, stock bonus, or annuity plan; and

 

(3) Social Security benefits as defined in section 86(d)(1) of the Internal Revenue Code.

 

(c) "Taxable income" means net income as defined in section 290.01, subdivision 19.

 

(d) "Earned income of lesser-earning spouse" means the earned income of the spouse with the lesser amount of earned income as defined in paragraph (b) for the taxable year minus the sum of (i) the amount for one exemption under section 151(d) of the Internal Revenue Code and (ii) one-half the amount of the standard deduction under section 63(c)(2)(A) and (4) of the Internal Revenue Code minus one-half of any addition required under section 290.01, subdivision 19a, clause (21) (17), and one-half of the addition that would have been required under section 290.01, subdivision 19a, clause (21) (17), if the taxpayer had claimed the standard deduction.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 13. Minnesota Statutes 2013 Supplement, section 290.091, subdivision 2, is amended to read:

 

Subd. 2. Definitions. For purposes of the tax imposed by this section, the following terms have the meanings given:

 

(a) "Alternative minimum taxable income" means the sum of the following for the taxable year:

 

(1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(2) of the Internal Revenue Code;

 

(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding:

 

(i) the charitable contribution deduction under section 170 of the Internal Revenue Code;

 

(ii) the medical expense deduction;

 

(iii) the casualty, theft, and disaster loss deduction; and

 

(iv) the impairment-related work expenses of a disabled person;

 

(3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the taxable year (determined without regard to the depletion deduction for the taxable year);

 

(4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue Code determined without regard to subparagraph (E);

 

(5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.01, subdivision 19a, clause (1); and

 

(6) the amount of addition required by section 290.01, subdivision 19a, clauses (7) to (9), (12), (13), and (16) to (18) and (11) to (14);

 

less the sum of the amounts determined under the following:

 

(1) interest income as defined in section 290.01, subdivision 19b, clause (1);

 

(2) an overpayment of state income tax as provided by section 290.01, subdivision 19b, clause (2), to the extent included in federal alternative minimum taxable income;

 

(3) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted in computing federal adjusted gross income;

 

(4) amounts subtracted from federal taxable income as provided by section 290.01, subdivision 19b, clauses (6), (8) to (14), and (16); and


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(5) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c).

 

In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code.

 

(b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code.

 

(c) "Net minimum tax" means the minimum tax imposed by this section.

 

(d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section and section 290.032), reduced by the sum of the nonrefundable credits allowed under this chapter.

 

(e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3.

 

EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 14. Minnesota Statutes 2013 Supplement, section 290A.03, subdivision 15, is amended to read:

 

Subd. 15. Internal Revenue Code. For taxable years beginning before January 1, 2012, and after December 31, 2012, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011; and for taxable years beginning after December 31, 2011, and before January 1, 2013, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through January 3 December 20, 2013.

 

EFFECTIVE DATE. This section is effective retroactively for property tax refunds based on property taxes payable after December 31, 2013, and rent paid after December 31, 2012.

 

Sec. 15. Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 3, is amended to read:

 

Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision. In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include the taxable services listed in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable. Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b).

 

(b) Sale and purchase include:

 

(1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and

 

(2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more.


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(c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing.

 

(d) Sale and purchase include the preparing for a consideration of food. Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:

 

(1) prepared food sold by the retailer;

 

(2) soft drinks;

 

(3) candy;

 

(4) dietary supplements; and

 

(5) all food sold through vending machines.

 

(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state.

 

(f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise.

 

(g) A sale and a purchase includes the furnishing for a consideration of the following services:

 

(1) the privilege of admission to places of amusement, recreational areas, or athletic events, and the making available of amusement devices, tanning facilities, reducing salons, steam baths, Turkish baths, health clubs, and spas or athletic facilities;

 

(2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice and including accommodations intermediary services provided in connection with other services provided under this clause;

 

(3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;

 

(4) the granting of membership in a club, association, or other organization if:

 

(i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and

 

(ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members.

 

Granting of membership means both onetime initiation fees and periodic membership dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities;


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6884

(5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block. For purposes of this clause, "road construction" means construction of:

 

(i) public roads;

 

(ii) cartways; and

 

(iii) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign; and

 

(6) services as provided in this clause:

 

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;

 

(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;

 

(iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services;

 

(iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit organization or any organization at the direction of a county for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections;

 

(v) pet grooming services;

 

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

 

(vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and

 

(viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.

 

(h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.

 

(i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, and pay television services. Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669: air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services. The services in this paragraph are taxed to the extent allowed under federal law.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6885

(j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed.

 

(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11.

 

(l) A sale and a purchase includes furnishing for a consideration of specified digital products or other digital products or granting the right for a consideration to use specified digital products or other digital products on a temporary or permanent basis and regardless of whether the purchaser is required to make continued payments for such right. Wherever the term "tangible personal property" is used in this chapter, other than in subdivisions 10 and 38, the provisions also apply to specified digital products, or other digital products, unless specifically provided otherwise or the context indicates otherwise.

 

(m) A sale and purchase includes the furnishing for consideration of the following services:

 

(1) repairing and maintaining electronic and precision equipment, which service can be deducted as a business expense under the Internal Revenue Code. This includes, but is not limited to, repair or maintenance of electronic devices, computers and computer peripherals, monitors, computer terminals, storage devices, and CD-ROM drives; other office equipment such as photocopying machines, printers, and facsimile machines; televisions, stereos, sound systems, video or digital recorders and players; two-way radios and other communications equipment; radar and sonar equipment, scientific instruments, microscopes, and medical equipment;

 

(2) repairing and maintaining commercial and industrial machinery and equipment. For purposes of this subdivision, the following items are not commercial or industrial machinery and equipment: (i) motor vehicles; (ii) furniture and fixtures; (iii) ships; (iv) railroad stock; and (v) aircraft; and

 

(3) warehousing or storage services for tangible personal property, excluding:

 

(i) agricultural products;

 

(ii) refrigerated storage;

 

(iii) electronic data; and

 

(iv) self-storage services and storage of motor vehicles, recreational vehicles, and boats, not eligible to be deducted as a business expense under the Internal Revenue Code.

 

EFFECTIVE DATE. This section is effective retroactively for sales and purchases made after June 30, 2013. Refunds of taxes paid on purchases under the stricken paragraph (m) after June 30, 2013, shall be applied for as provided in section 18.

 

Sec. 16. Minnesota Statutes 2013 Supplement, section 297A.68, subdivision 5, is amended to read:

 

Subd. 5. Capital equipment. (a) Capital equipment is exempt.

 

"Capital equipment" means machinery and equipment purchased or leased, and used in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining, or refining tangible personal property to be sold ultimately at retail if the machinery and equipment are essential to the integrated production process of manufacturing, fabricating, mining, or refining. Capital equipment also includes machinery and equipment used primarily to electronically transmit results retrieved by a customer of an online computerized data retrieval system.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6886

(b) Capital equipment includes, but is not limited to:

 

(1) machinery and equipment used to operate, control, or regulate the production equipment;

 

(2) machinery and equipment used for research and development, design, quality control, and testing activities;

 

(3) environmental control devices that are used to maintain conditions such as temperature, humidity, light, or air pressure when those conditions are essential to and are part of the production process;

 

(4) materials and supplies used to construct and install machinery or equipment;

 

(5) repair and replacement parts, including accessories, whether purchased as spare parts, repair parts, or as upgrades or modifications to machinery or equipment;

 

(6) materials used for foundations that support machinery or equipment;

 

(7) materials used to construct and install special purpose buildings used in the production process;

 

(8) ready-mixed concrete equipment in which the ready-mixed concrete is mixed as part of the delivery process regardless if mounted on a chassis, repair parts for ready-mixed concrete trucks, and leases of ready-mixed concrete trucks; and

 

(9) machinery or equipment used for research, development, design, or production of computer software.

 

(c) Capital equipment does not include the following:

 

(1) motor vehicles taxed under chapter 297B;

 

(2) machinery or equipment used to receive or store raw materials;

 

(3) building materials, except for materials included in paragraph (b), clauses (6) and (7);

 

(4) machinery or equipment used for nonproduction purposes, including, but not limited to, the following: plant security, fire prevention, first aid, and hospital stations; support operations or administration; pollution control; and plant cleaning, disposal of scrap and waste, plant communications, space heating, cooling, lighting, or safety;

 

(5) farm machinery and aquaculture production equipment as defined by section 297A.61, subdivisions 12 and 13;

 

(6) machinery or equipment purchased and installed by a contractor as part of an improvement to real property;

 

(7) machinery and equipment used by restaurants in the furnishing, preparing, or serving of prepared foods as defined in section 297A.61, subdivision 31;

 

(8) machinery and equipment used to furnish the services listed in section 297A.61, subdivision 3, paragraph (g), clause (6), items (i) to (vi) and (viii);

 

(9) machinery or equipment used in the transportation, transmission, or distribution of petroleum, liquefied gas, natural gas, water, or steam, in, by, or through pipes, lines, tanks, mains, or other means of transporting those products. This clause does not apply to machinery or equipment used to blend petroleum or biodiesel fuel as defined in section 239.77; or


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6887

(10) any other item that is not essential to the integrated process of manufacturing, fabricating, mining, or refining.

 

(d) For purposes of this subdivision:

 

(1) "Equipment" means independent devices or tools separate from machinery but essential to an integrated production process, including computers and computer software, used in operating, controlling, or regulating machinery and equipment; and any subunit or assembly comprising a component of any machinery or accessory or attachment parts of machinery, such as tools, dies, jigs, patterns, and molds.

 

(2) "Fabricating" means to make, build, create, produce, or assemble components or property to work in a new or different manner.

 

(3) "Integrated production process" means a process or series of operations through which tangible personal property is manufactured, fabricated, mined, or refined. For purposes of this clause, (i) manufacturing begins with the removal of raw materials from inventory and ends when the last process prior to loading for shipment has been completed; (ii) fabricating begins with the removal from storage or inventory of the property to be assembled, processed, altered, or modified and ends with the creation or production of the new or changed product; (iii) mining begins with the removal of overburden from the site of the ores, minerals, stone, peat deposit, or surface materials and ends when the last process before stockpiling is completed; and (iv) refining begins with the removal from inventory or storage of a natural resource and ends with the conversion of the item to its completed form.

 

(4) "Machinery" means mechanical, electronic, or electrical devices, including computers and computer software, that are purchased or constructed to be used for the activities set forth in paragraph (a), beginning with the removal of raw materials from inventory through completion of the product, including packaging of the product.

 

(5) "Machinery and equipment used for pollution control" means machinery and equipment used solely to eliminate, prevent, or reduce pollution resulting from an activity described in paragraph (a).

 

(6) "Manufacturing" means an operation or series of operations where raw materials are changed in form, composition, or condition by machinery and equipment and which results in the production of a new article of tangible personal property. For purposes of this subdivision, "manufacturing" includes the generation of electricity or steam to be sold at retail.

 

(7) "Mining" means the extraction of minerals, ores, stone, or peat.

 

(8) "Online data retrieval system" means a system whose cumulation of information is equally available and accessible to all its customers.

 

(9) "Primarily" means machinery and equipment used 50 percent or more of the time in an activity described in paragraph (a).

 

(10) "Refining" means the process of converting a natural resource to an intermediate or finished product, including the treatment of water to be sold at retail.

 

(11) This subdivision does not apply to telecommunications equipment as provided in subdivision 35 35a, and does not apply to wire, cable, fiber, poles, or conduit for telecommunications services.

 

EFFECTIVE DATE. This section is effective for sales and purchases made after June 30, 2014.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6888

Sec. 17. Minnesota Statutes 2012, section 297A.68, is amended by adding a subdivision to read:

 

Subd. 35a. Telecommunications and pay television services machinery and equipment. (a) Telecommunications or pay television services machinery and equipment purchased or leased for use directly by a telecommunications or pay television service provider primarily in the provision of telecommunications or pay television services that are ultimately to be sold at retail are exempt, regardless of whether purchased by the owner, a contractor, or a subcontractor.

 

(b) For purposes of this subdivision, "telecommunications or pay television services machinery and equipment" includes, but is not limited to:

 

(1) machinery, equipment, and fixtures utilized in receiving, initiating, amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring telecommunications or pay television services, such as computers, transformers, amplifiers, routers, bridges, repeaters, multiplexers, and other items performing comparable functions;

 

(2) machinery, equipment, and fixtures used in the transportation of telecommunications or pay television services, radio transmitters and receivers, satellite equipment, microwave equipment, other transporting media, wire, cable, fiber, poles, and conduit;

 

(3) ancillary machinery, equipment, and fixtures that regulate, control, protect, or enable the machinery in clauses (1) and (2) to accomplish its intended function, such as auxiliary power supply, test equipment, towers, heating, ventilating, and air conditioning equipment necessary to the operation of the telecommunications or pay television services equipment; and software necessary to the operation of the telecommunications or pay television services equipment; and

 

(4) repair and replacement parts, including accessories, whether purchased as spare parts, repair parts, or as upgrades or modifications to qualified machinery or equipment.

 

EFFECTIVE DATE. This section is effective for sales and purchases made after April 30, 2014.

 

Sec. 18. SALES TAX; TEMPORARY REFUND MECHANISM.

 

(a) Any purchaser or vendor that paid sales tax on items under the stricken paragraph (m) of Minnesota Statutes, section 297A.61, subdivision 3, must apply directly to the commissioner of revenue for a refund under this section. This provision only applies to sales made after June 30, 2013. The application must be made on a form prescribed by the commissioner and the purchaser or vendor may make only one application for the entire period.

 

(b) Vendors and purchasers shall apply for refunds of sales tax paid, collected, or remitted under the stricken paragraph (m) of Minnesota Statutes, section 297A.61, subdivision 3, as provided under Minnesota Statutes, section 289A.50, subdivisions 2 and 2a. If a purchaser does not meet the requirements of Minnesota Statutes, section 289A.50, subdivision 2a, they shall apply for the refund on a form prescribed by the commissioner.

 

(c) Interest on the refund shall be paid at the rate in Minnesota Statutes, section 270C.405, from 90 days after the refund claim is filed with the commissioner of revenue. The amount to make the refunds is annually appropriated to the commissioner of revenue. The limitations on claims for refund provisions of Minnesota Statutes, section 289A.40, also apply to these refunds.

 

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


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Sec. 19. INDIVIDUAL INCOME TAX COLLECTION ACTION PROHIBITED.

 

Notwithstanding any law to the contrary, the commissioner shall not increase the amount due or decrease the refund for an individual income tax return for the taxable year beginning after December 31, 2012, and before January 1, 2014, to the extent the amount due was understated or the refund was overstated because the taxpayer calculated the tax or refund based on the Internal Revenue Code, as amended through April 14, 2011, rather than based on the Internal Revenue Code, as amended through December 20, 2013, as provided in this act.

 

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

 

Sec. 20. APPROPRIATION.

 

$1,175,000 is appropriated for fiscal years 2014 and 2015 from the general fund to the commissioner of revenue for the cost of administering this act. This is a onetime appropriation and does not renew or become part of the base budget.

 

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

 

Sec. 21. REPEALER.

 

Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 57, is repealed.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Hoppe moved to amend the Loon amendment to H. F. No. 1777, the second engrossment, as follows:

 

Page 21, after line 12, insert:

 

"Sec. 15. Minnesota Statutes 2012, section 290A.04, is amended by adding a subdivision to read:

 

Subd. 2k. AFFORDABLE CARE ACT PENALTY REFUND. (a) A qualified individual is allowed an additional refund equal to the penalty paid by the individual for the taxable year.

 

(b) The refund under this subdivision is paid with any refund allowed under subdivisions 2, 2a, or 2h, in the calendar year following the taxable year for which the penalty was assessed, at the time provided in section 290A.07.

 

(c) For purposes of this subdivision, "Affordable Care Act" means the provisions of Public Law 111-148 and of Public Law 111-152, "penalty" means the penalty assessed for the taxable year for not meeting the minimum essential coverage requirement of section 5000A of the Internal Revenue Code, and "qualified individual" means an individual subject to penalty for the taxable year under the Affordable Care Act's requirement to maintain minimum essential coverage.

 

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2013.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6890

Sec. 16. Minnesota Statutes 2012, section 290A.23, subdivision 3, is amended to read:

 

Subd. 3. Annual appropriation. For payments made after July 1, 1996, there is annually appropriated from the general fund to the commissioner of revenue the amount necessary to make the payments required under section 290A.04, subdivisions 2 and, 2h, and 2k.

 

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2013."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment and the roll was called. There were 58 yeas and 69 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

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


 

Those who voted in the negative were:

 


Allen

Anzelc

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hausman

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

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

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

Hoppe moved to amend the Loon amendment to H. F. No. 1777, the second engrossment, as follows:

 

Page 19, after line 20, insert:

 

"Sec. 13. [290.0693] AFFORDABLE CARE ACT INSURANCE CANCELLATION CREDIT.

 

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


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6891

(b) "Affordable Care Act" means the provisions of Public Law 111-148 and of Public Law 111-152.

 

(c) "Qualified individual" means an individual whose calendar year 2013 health insurance policy was cancelled or not renewed by the insurer and not available for calendar year 2014 for reasons not attributable to actions of the individual.

 

Subd. 2. Credit allowed. (a) A qualified individual is allowed a credit against the tax due under this chapter equal to the difference between the amount the individual paid for health insurance for calendar year 2014 and the amount the individual paid for health insurance for calendar year 2013, reduced by any subsidies, including tax credits, that the individual received under the Affordable Care Act. In no case may the credit under this section be less than zero. A qualified individual may claim the credit in this section one time only.

 

(b) For a nonresident or part-year resident, the credit must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e).

 

Subd. 3. Credit refundable; appropriation. (a) If the credit allowed under this section exceeds the individual's liability under this chapter, the commissioner shall refund the excess to the taxpayer.

 

(b) An amount sufficient to pay the refunds required by this section is appropriated from the general fund to the commissioner.

 

EFFECTIVE DATE. This section is effective for taxable years beginning after December 31, 2013, and before January 1, 2015."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

A roll call was requested and properly seconded.

 

 

The question was taken on the amendment to the amendment and the roll was called. There were 59 yeas and 68 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

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


 

Those who voted in the negative were:

 


Allen

Anzelc

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Fischer

Freiberg

Fritz


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6892

Halverson

Hausman

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

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

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

The question recurred on the Loon amendment to H. F. No. 1777, the second engrossment. The motion prevailed and the amendment was adopted.

 

 

H. F. No. 1777, A bill for an act relating to taxation; income and franchise; sales and use; conforming to changes in the Internal Revenue Code; extending the working family credit phaseout for married filers; exempting certain business transactions; providing for refunds; appropriating money; amending Minnesota Statutes 2012, sections 289A.02, subdivision 7; 289A.08, subdivision 7; 290.01, subdivision 19a, by adding a subdivision; 290.067, subdivisions 1, 2a; 290.0671, subdivision 1; 290.0675, subdivision 1; 297A.68, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 290.01, subdivisions 19, 19b, 31; 290.06, subdivision 2c; 290.091, subdivision 2; 290A.03, subdivision 15; 297A.61, subdivision 3; 297A.68, subdivision 5; repealing Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 57.

 

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 126 yeas and 2 nays as follows:

 

Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

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

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen



Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6893

Those who voted in the negative were:

 


Metsa

Winkler


 

 

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

 

 

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 Monday, March 10, 2014 and established a prefiling requirement for amendments offered to the following bills:

 

H. F. Nos. 1455, 1986 and 655; and S. F. No. 894.

 

 

MOTIONS AND RESOLUTIONS

 

 

Lesch moved that the name of Metsa be added as an author on H. F. No. 84. The motion prevailed.

 

Ward, J.E., moved that the name of Petersburg be added as an author on H. F. No. 292. The motion prevailed.

 

Ward, J.E., moved that the name of Freiberg be added as an author on H. F. No. 456. The motion prevailed.

 

Hortman moved that the name of Zerwas be added as an author on H. F. No. 824. The motion prevailed.

 

Clark moved that the name of Metsa be added as an author on H. F. No. 850. The motion prevailed.

 

Allen moved that the name of Scott be added as an author on H. F. No. 1082. The motion prevailed.

 

Simon moved that the name of Laine be added as an author on H. F. No. 1083. The motion prevailed.

 

Clark moved that the name of Sawatzky be added as an author on H. F. No. 1445. The motion prevailed.

 

Murphy, M., moved that the name of Metsa be added as an author on H. F. No. 1501. The motion prevailed.

 

Fritz moved that the names of Petersburg, Schoen and Hansen be added as authors on H. F. No. 1850. The motion prevailed.

 

Kelly moved that the name of Petersburg be added as an author on H. F. No. 1908. The motion prevailed.

 

Newton moved that the names of Woodard, Lohmer, Scott, McDonald and Gruenhagen be added as authors on H. F. No. 1925. The motion prevailed.

 

Woodard moved that the name of Petersburg be added as an author on H. F. No. 1934. The motion prevailed.

 

Woodard moved that the name of Pugh be added as an author on H. F. No. 1936. The motion prevailed.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6894

Dehn, R., moved that the name of Loeffler be added as an author on H. F. No. 1941. The motion prevailed.

 

Winkler moved that the name of Simon be added as an author on H. F. No. 1944. The motion prevailed.

 

Newton moved that the name of McNamara be added as an author on H. F. No. 1947. The motion prevailed.

 

Atkins moved that the name of Simon be added as an author on H. F. No. 1953. The motion prevailed.

 

Sundin moved that the name of Johnson, S., be added as an author on H. F. No. 1984. The motion prevailed.

 

Dehn, R., moved that the names of Huntley, Metsa and Radinovich be added as authors on H. F. No. 1992. The motion prevailed.

 

Gruenhagen moved that the names of Ward, J.E.; Simonson; McDonald; Lien and Sawatzky be added as authors on H. F. No. 1995. The motion prevailed.

 

Gruenhagen moved that the name of Nornes be added as an author on H. F. No. 1997. The motion prevailed.

 

McNamar moved that the names of Gruenhagen and Petersburg be added as authors on H. F. No. 2059. The motion prevailed.

 

Benson, M., moved that the name of Davids be added as an author on H. F. No. 2064. The motion prevailed.

 

Hamilton moved that the name of Petersburg be added as an author on H. F. No. 2105. The motion prevailed.

 

Laine moved that the name of Simon be added as an author on H. F. No. 2166. The motion prevailed.

 

Lesch moved that the name of Pugh be added as an author on H. F. No. 2167. The motion prevailed.

 

Ward, J.A., moved that the name of Hornstein be added as an author on H. F. No. 2177. The motion prevailed.

 

Murphy, E., moved that the names of Davids and Falk be added as authors on H. F. No. 2180. The motion prevailed.

 

Halverson moved that the name of Bernardy be added as an author on H. F. No. 2203. The motion prevailed.

 

Selcer moved that the name of Newton be added as an author on H. F. No. 2243. The motion prevailed.

 

Allen moved that the names of Mariani and Schomacker be added as authors on H. F. No. 2248. The motion prevailed.

 

Erickson, S., moved that the names of Nornes, Gunther, Dettmer and Pugh be added as authors on H. F. No. 2270. The motion prevailed.

 

Moran moved that the name of Newton be added as an author on H. F. No. 2275. The motion prevailed.

 

Winkler moved that the names of Freiberg and Drazkowski be added as authors on H. F. No. 2281. The motion prevailed.

 

Atkins moved that the name of Paymar be added as an author on H. F. No. 2288. The motion prevailed.


Journal of the House - 67th Day - Thursday, March 6, 2014 - Top of Page 6895

Morgan moved that the name of Newton be added as an author on H. F. No. 2291. The motion prevailed.

 

Loon moved that the name of Petersburg be added as an author on H. F. No. 2297. The motion prevailed.

 

Schoen moved that the names of Cornish and Lien be added as authors on H. F. No. 2307. The motion prevailed.

 

Fabian moved that the name of Huntley be added as an author on H. F. No. 2314. The motion prevailed.

 

Myhra moved that the name of Kresha be added as an author on H