Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9957

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

NINETY-FOURTH DAY

 

Saint Paul, Minnesota, Wednesday, April 30, 2014

 

 

The House of Representatives convened at 10:00 a.m. and was called to order by Mike Benson, Speaker pro tempore.

 

Prayer was offered by the Reverend Dr. Duane M. Gebhard, United Methodist Church, Akeley, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

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

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

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

Zerwas

Spk. Thissen


 

A quorum was present.

 

Garofalo and Moran were excused.

 

Halverson was excused until 10:45 a.m. Zellers was excused until 11:10 a.m. Mack was excused until 11:35 a.m. Abeler was excused until 2:30 p.m. Beard and Hoppe were excused until 5:30 p.m. Falk was excused until 6:30 p.m.

 

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


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9958

REPORTS OF CHIEF CLERK

 

S. F. No. 2065 and H. F. No. 2198, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

Mahoney moved that the rules be so far suspended that S. F. No. 2065 be substituted for H. F. No. 2198 and that the House File be indefinitely postponed. The motion prevailed.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. No. 2065 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House File was introduced:

 

 

Beard introduced:

 

H. F. No. 3365, A bill for an act relating to energy; utilities; requiring the Public Utilities Commission and Department of Commerce to develop and submit legislation that restructures public utility regulation in Minnesota.

 

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

 

 

The Speaker assumed the Chair.

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 859, A bill for an act relating to housing; landlord and tenant; establishing remedies for victims of violence; establishing a housing opportunities made equitable pilot project; amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206; 504B.285, subdivision 1.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9959

Mr. Speaker:

 

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

 

H. F. No. 892, A bill for an act relating to families; updating the Uniform Interstate Family Support Act; amending Minnesota Statutes 2012, sections 518C.101; 518C.102; 518C.103; 518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207; 518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305; 518C.306; 518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314; 518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503; 518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603; 518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610; 518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota Statutes 2012, section 518C.502.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2096, A bill for an act relating to elections; modifying campaign finance definition; providing for submission of voter registration and absentee ballot applications online; amending Minnesota Statutes 2012, sections 10A.01, subdivision 26; 201.061, subdivision 1, by adding a subdivision; 201.071, subdivisions 1, 3; 201.081; 203B.04, by adding a subdivision; 203B.17; Minnesota Statutes 2013 Supplement, sections 201.275; 203B.04, subdivision 1.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2217, A bill for an act relating to state government; changing provisions in grants management process and contract management; providing an encumbrance exception in the grant process; amending Minnesota Statutes 2012, sections 16B.98, subdivision 5, by adding a subdivision; 16C.05, subdivision 2.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 1926, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying restoration evaluation requirements; modifying requirements for acquisition of real property with money from legacy funds; modifying previous parks and trails fund appropriation; amending Minnesota Statutes 2012, sections 84.0272, subdivisions 1, 3; 97A.056, subdivision 10, by adding subdivisions.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9960

The Senate has appointed as such committee:

 

Senators Saxhaug, Ingebrigtsen and Sparks.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2576, A bill for an act relating to criminal justice; modifying provisions governing expungement of criminal records; requiring business screening services to delete expunged records; allowing expungement of eviction records in certain cases; appropriating money; amending Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

The Senate has appointed as such committee:

 

Senators Champion; Petersen, B., and Goodwin.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2733, A bill for an act relating to natural resources; modifying all-terrain vehicle and off-highway motorcycle provisions; providing for certain regulatory efficiencies; modifying invasive species provisions; modifying definition of snowmobile; prohibiting tampering with off-road recreational vehicle odometers; modifying use of forest trails; modifying outdoor recreation system provisions; modifying Water Law; modifying forestry provisions; modifying provision related to environmental impact statements; amending Minnesota Statutes 2012, sections 17.4982, subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.791, subdivision 4; 84.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 3; 84.926, subdivision 4; 84D.01, subdivisions 8, 8b, 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; 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; 97C.821; 103E.065; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.287, subdivision 2; 103G.305, subdivision 1; 103G.615, subdivision 3a; 116D.04, subdivision 2a; 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 3, 4, 6; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10, subdivision


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9961

4; 84D.105, subdivision 2; 103C.311, subdivision 2; 103G.287, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.

 

The Senate has appointed as such committee:

 

Senators Marty, Hawj and Weber.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 3072, A bill for an act relating to transportation; modernizing provisions relating to traffic regulations; eliminating certain reporting requirements; distribution of motor vehicle sales tax revenues; eliminating antiquated, unnecessary, and obsolete provisions; making conforming changes; eliminating and extending sunsets; amending Minnesota Statutes 2012, sections 168.021, subdivision 1; 168.056; 168.10, subdivision 1b; 168.12, subdivisions 1, 2, 2b, 2c, 2d, 2e; 168.123, subdivision 1; 168.1235, subdivision 1; 168.124, subdivision 1; 168.125, subdivision 1; 168.1253, subdivision 1; 168.129, subdivision 1; 168.1296, subdivision 1; 168.1298, subdivision 1; 169.685, subdivision 7; 169.751; 171.12, subdivision 6; Laws 2009, chapter 158, section 10, as amended; repealing Minnesota Statutes 2012, sections 168.0422; 168.055; 168A.20, subdivision 1a; 169.11; 169.36; 169.39; 169.725; 169.743; 169.754; 169.78; 169.7961; 169.983; 169A.60, subdivision 18; 171.28; 299D.02; 299D.04; 299D.05; 609B.202; Minnesota Rules, part 7409.4700, subpart 2.

 

The Senate has appointed as such committee:

 

Senators Dibble, Rest and Pederson, J.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 1484, 1958, 2168, 2322 and 2609.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9962

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1484, A bill for an act relating to health; making changes to dental licensing provisions; authorizing the administration of influenza vaccine by qualified dentists under certain circumstances; providing penalties; 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; making changes to the Minnesota prescription monitoring program; 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; requiring a report; appropriating money; amending Minnesota Statutes 2012, sections 148.261, subdivisions 1, 4, by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivisions 3, 8, 16; 150A.10; 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; 152.126, as amended; 214.09, subdivision 3; 214.32, by adding a subdivision; 214.33, subdivision 3; Minnesota Statutes 2013 Supplement, sections 151.252, by adding a subdivision; 152.02, subdivision 2; 364.09; proposing coding for new law in Minnesota Statutes, chapters 150A; 151.

 

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

 

 

S. F. No. 1958, A bill for an act relating to local government; increasing the maximum number of connections allowed for the Cedar Lake area water and sanitary sewer district; authorizing Helena Township in Scott County to use surplus land, property, or money for certain purposes after removal of a subordinate service district; amending Laws 1999, chapter 243, article 14, section 5, subdivision 1.

 

The bill was read for the first time.

 

Woodard moved that S. F. No. 1958 and H. F. No. 2434, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 2168, A bill for an act relating to energy; utilities; providing an exception to certificate of need requirements for certain electric generation facilities; amending Minnesota Statutes 2012, section 216B.243, subdivision 8.

 

The bill was read for the first time.

 

Garofalo moved that S. F. No. 2168 and H. F. No. 2666, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 2322, A bill for an act relating to civil actions; regulating certain human rights actions; requiring jury trials; amending Minnesota Statutes 2012, section 363A.33, subdivision 6.

 

The bill was read for the first time.

 

Lesch moved that S. F. No. 2322 and H. F. No. 2958, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9963

S. F. No. 2609, A bill for an act relating to local government; authorizing four-year terms for Grand Rapids Public Utilities Commission; amending Laws 1999, chapter 195, section 2.

 

The bill was read for the first time.

 

Anzelc moved that S. F. No. 2609 and H. F. No. 2968, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

The Speaker called Hortman to the Chair.

 

 

CALENDAR FOR THE DAY

 

 

H. F. No. 2566, A bill for an act relating to local government; authorizing meetings by telephone or other electronic means; amending Minnesota Statutes 2012, section 469.084, by adding a subdivision.

 

 

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 111 yeas and 14 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Fabian

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Theis

Torkelson

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

Those who voted in the negative were:

 


Benson, M.

Dean, M.

Erickson, S.

FitzSimmons

Hackbarth

Holberg

Johnson, B.

Kieffer

Newton

Paymar

Quam

Scott

Swedzinski

Uglem


 

 

The bill was passed and its title agreed to.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9964

H. F. No. 3043, A bill for an act relating to local government; authorizing local governments to transfer cemetery property to a tribal cemetery association; amending Minnesota Statutes 2012, section 306.02, subdivision 2.

 

 

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 125 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Fabian

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

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

Zerwas

Spk. Thissen


 

 

The bill was passed and its title agreed to.

 

 

S. F. No. 2736 was reported to the House.

 

 

Johnson, C., moved to amend S. F. No. 2736, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 2295, the second engrossment:

 

"Section 1. Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:

 

Subd. 5a. Domestic abuse victims; electronic monitoring. (a) Until the commissioner of corrections a judicial district has adopted standards under section 629.72, subdivision 2a, paragraph (b), governing electronic monitoring devices used to protect victims of domestic abuse, the a court within the judicial district, as a condition of a stay of imposition or execution of a sentence, may not order an offender convicted of a crime described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9965

(b) This subdivision applies to the following crimes, if committed by the defendant against a family or household member as defined in section 518B.01, subdivision 2:

 

(1) violations of orders for protection issued under chapter 518B;

 

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223, or 609.224; or domestic assault under section 609.2242;

 

(3) criminal damage to property under section 609.595;

 

(4) disorderly conduct under section 609.72;

 

(5) harassing telephone calls under section 609.79;

 

(6) burglary under section 609.582;

 

(7) trespass under section 609.605;

 

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section 609.342, 609.343, 609.344, 609.345, or 609.3451; and

 

(9) terroristic threats under section 609.713.;

 

(10) stalking under section 609.749;

 

(11) violations of harassment restraining orders under section 609.748;

 

(12) violations of domestic abuse no contact orders under section 629.75; and

 

(13) interference with an emergency call under section 609.78, subdivision 2.

 

(c) Notwithstanding paragraph (a), the judges in the Tenth Judicial District may order, as a condition of a stay of imposition or execution of a sentence, a defendant convicted of a crime described in paragraph (b), to use an electronic monitoring device to protect the victim's safety. The judges shall make data on the use of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse. The location data associated with the victim and defendant are security information as defined in section 13.37. Location data maintained by a law enforcement agency, probation authority, prosecutorial agency, or court services department may be shared among those agencies to develop and monitor conditions of a stayed sentence under this section.

 

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

 

Sec. 2. Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:

 

Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the commissioner of corrections a judicial district has adopted standards under paragraph (b) governing electronic monitoring devices used to protect victims of domestic abuse, the a court within the judicial district, as a condition of release, may not order a person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to protect a victim's safety.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9966

(b) Notwithstanding paragraph (a), district courts in the Tenth Judicial District may order, as a condition of a release, a person arrested on a charge of a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to protect the victim's safety. The courts shall make data on the use of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse. The chief judge of a judicial district may appoint and convene an advisory group to develop and biennially update standards for the use of electronic monitoring and global positioning system devices to protect victims of domestic abuse. The advisory group must be comprised of representatives from law enforcement, prosecutors, defense attorneys, corrections, court administrators, probation, judges, and crime victim organizations, and include an industry representative with expertise in global positioning system devices. At a minimum, the standards must:

 

(1) require a judge to order only the use of active, real-time monitoring;

 

(2) require that the victim and defendant be provided with information on the risks and benefits of using active, real-time monitoring and a notice outlining the district's standards;

 

(3) require informed, voluntary consent by the victim before the defendant may be released on electronic monitoring, and provide for time-sensitive procedures if a victim withdraws consent;

 

(4) address financial costs to the defendants and victims;

 

(5) promote policies and procedures that eliminate disproportionate impact adverse to underrepresented groups and populations; and

 

(6) provide for ongoing training and consultation with the advisory group members to continually improve victim safety and defendant accountability.

 

(c) The location data associated with the victim and defendant are security information as defined in section 13.37. Location data maintained by a law enforcement agency, probation authority, prosecutorial agency, or court services department may be shared among those agencies to develop and monitor conditions of release under this section.

 

EFFECTIVE DATE. This section is effective retroactively from January 15, 2014.

 

Sec. 3. REPEALER.

 

Minnesota Statutes 2012, section 611A.07, subdivision 1, is repealed.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to public safety; requiring judicial districts to establish minimum standards as a condition to using GPS to monitor domestic abuse offenders; protecting victim and defendant location data; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes 2012, section 611A.07, subdivision 1."

 

 

The motion prevailed and the amendment was adopted.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9967

Johnson, C., moved to amend S. F. No. 2736, the second engrossment, as amended, as follows:

 

Page 3, line 23, delete "section" and insert "sections 609.02, subdivision 14; and" and delete "is" and insert "are"

 

 

The motion prevailed and the amendment was adopted.

 

 

Scott moved to amend S. F. No. 2736, the second engrossment, as amended, as follows:

 

Page 3, line 11, after the semicolon, insert "and"

 

Page 3, delete lines 12 and 13

 

Page 3, line 14, delete "(6)" and insert "(5)"

 

 

The motion prevailed and the amendment was adopted.

 

 

S. F. No. 2736, A bill for an act relating to public safety; authorizing counties to establish pilot projects to use GPS to monitor domestic abuse offenders; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a.

 

 

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 0 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

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

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

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

Zerwas

Spk. Thissen


 

 

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


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9968

S. F. No. 2390 was reported to the House.

 

 

Bernardy moved to amend S. F. No. 2390, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 2516, the first engrossment:

 

"Section 1. Minnesota Statutes 2013 Supplement, section 201.061, subdivision 3, is amended to read:

 

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

 

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

 

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

 

(3) presenting one of the following:

 

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

 

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

 

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

 

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

 

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

 

(c) "Residential facility" means transitional housing as defined in section 256E.33, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9969

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

 

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

 

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

 

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

 

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

 

Sec. 2. Minnesota Statutes 2012, section 201.081, is amended to read:

 

201.081 REGISTRATION FILES.

 

Subdivision 1. Statewide registration system. 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.

 

A properly completed voter registration application that has been submitted 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.

 

Subd. 2. Exception. The secretary of state may maintain voter records of participants of the Safe at Home program for the purposes of chapter 5B.

 

Sec. 3. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read:

 

Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall prepare the master list for each county auditor. The records in the statewide registration system must be periodically corrected and updated by the county auditor. An updated master list for each precinct must be available for absentee voting at least 32 46 days before each election. A final corrected master list must be available seven days before each election.


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Sec. 4. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read:

 

Subd. 4. Request for removal of voter record. If a voter makes a written request for removal of the voter's record, the county auditor shall remove inactivate the record of the voter from in the statewide voter registration system.

 

Sec. 5. Minnesota Statutes 2012, section 203B.22, is amended to read:

 

203B.22 TRANSMITTING BALLOTS.

 

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

 

(b) The county auditor must transmit the appropriate ballots by express mail immediately upon discovery that the ballots were not properly transmitted to the voter as a result of the following circumstances: (1) an application was received by the county auditor by the close of business at least 46 days before the election; (2) the county auditor failed to transmit the appropriate ballots by the 46th day before the election; and (3) the voter did not request that the ballots be electronically transmitted to the voter under section 203B.225, subdivision 1.

 

Sec. 6. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election. The filing officer shall provide copies of the form to make the request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States. The request must also include the name of at least one candidate for presidential elector. The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 7. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read:

 

Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in paragraph (b), no individual shall be appointed as an election judge for any precinct if that individual:

 

(1) is unable to read, write, or speak the English language;

 

(2) is the spouse,; parent, including a stepparent; child, including a stepchild,; or sibling, including a stepsibling,; of any election judge serving in the same precinct or of any candidate at that election; or


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9971

(3) is a candidate at that election.

 

(b) Individuals who are related to each other as provided in paragraph (a), clause (2), may serve as election judges in the same precinct, provided that they serve on separate shifts that do not run concurrently.

 

Sec. 8. Minnesota Statutes 2013 Supplement, section 204B.45, subdivision 2, is amended to read:

 

Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.

 

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

 

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

 

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

 

The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

 

Sec. 9. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election must be given to the county auditor at least 74 days prior to the election. This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9972

school district. No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.

 

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

 

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

 

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

 

Sec. 10. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:

 

Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:

 

"VOTER'S BILL OF RIGHTS

 

For all persons residing in this state who meet federal voting eligibility requirements:

 

(1) You have the right to be absent from work for the purpose of voting in a state or federal election without reduction to your pay, personal leave, or vacation time on election day for the time necessary to appear at your polling place, cast a ballot, and return to work.

 

(2) If you are in line at your polling place any time before 8:00 p.m., you have the right to vote.

 

(3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.

 

(4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.

 

(5) You have the right to request special assistance when voting.


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(6) If you need assistance, you may be accompanied into the voting booth by a person of your choice, except by an agent of your employer or union or a candidate.

 

(7) You have the right to bring your minor children into the polling place and into the voting booth with you.

 

(8) If you have been convicted of a felony but your felony sentence has expired (been completed) or you have been discharged from your sentence, you have the right to vote.

 

(9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.

 

(10) You have the right to vote without anyone in the polling place trying to influence your vote.

 

(11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.

 

(12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.

 

(13) You have the right to take a sample ballot into the voting booth with you.

 

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."

 

Sec. 11. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read:

 

Subdivision 1. Summary statements. For state elections, each official responsible for printing ballots shall furnish three or more blank summary statement forms for the returns of those ballots for each precinct. At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections. The blank summary statement forms shall be furnished at the same time and in the same manner as the ballots. The county auditor shall furnish blank summary statement forms containing separate space for the summary statement of the returns of the white state general election ballot and the summary statement of the returns for the state pink ballot.

 

Sec. 12. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read:

 

Subdivision 1. Order of offices. The candidates for partisan offices shall be placed on the white state general election ballot in the following order: senator in Congress shall be first; representative in Congress, second; state senator, third; and state representative, fourth. The candidates for state offices shall follow in the order specified by the secretary of state. Candidates for governor and lieutenant governor shall appear so that a single vote may be cast for both offices.

 

Sec. 13. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read:

 

Subd. 2. Order of political parties. The first name printed for each partisan office on the white state general election ballot shall be that of the candidate of the major political party that received the smallest average number of votes at the last state general election. The succeeding names shall be those of the candidates of the other major political parties that received a succeedingly higher average number of votes respectively. For the purposes of this subdivision, the average number of votes of a major political party shall be computed by dividing the total number of votes counted for all of the party's candidates for statewide office at the state general election by the number of those candidates at the election.


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Sec. 14. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read:

 

Subdivision 1. Titles for constitutional amendments. The secretary of state shall provide an appropriate title for each question printed on the pink state general election ballot. The title shall be approved by the attorney general, and shall consist of not more than one printed line above the question to which it refers. At the top of the ballot just below the heading, a conspicuous notice shall be printed stating that a voter's failure to vote on a constitutional amendment has the effect of a negative vote.

 

Sec. 15. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read:

 

Subd. 1a. City council members; expiration of terms. The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. All officers of charter cities chosen and qualified shall hold office until their successors qualify.

 

Sec. 16. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read:

 

Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation.

 

Sec. 17. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is amended to read:

 

Subdivision 1. Questions. (a) Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment. The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district. Upon petition filed with the school board of 50 or more voters of the school district or five percent of the number of voters voting at the preceding school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district. A question is carried only with the majority in its favor required by law. The election officials for a special election are the same as for the most recent school district general election unless changed according to law. Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election.

 

(b) A special election may not be held:

 

(1) during the 56 days before and the 56 days after a regularly scheduled primary or general election conducted wholly or partially within the school district.;

 

(2) on the date of a regularly scheduled town election in March conducted wholly or partially within the school district; or

 

(3) during the 30 days before or the 30 days after a regularly scheduled town election in March conducted wholly or partially within the school district.


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(c) Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

 

Sec. 18. [211C.071] REMOVAL ELECTION FORM OF QUESTION.

 

The form of the question under this chapter must be:

 

"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed from that office?"

 

Sec. 19. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read:

 

368.47 TOWNS MAY BE DISSOLVED.

 

(1) When the voters residing within a town have failed to elect any town officials for more than ten years continuously;

 

(2) when a town has failed for a period of ten years to exercise any of the powers and functions of a town;

 

(3) when the estimated market value of a town drops to less than $165,000;

 

(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or unpaid because they are contested in proceedings for the enforcement of taxes, amounts to 12 percent of its market value; or

 

(5) when the state or federal government has acquired title to 50 percent of the real estate of a town,

 

which facts, or any of them, may be found and determined by the resolution of the county board of the county in which the town is located, according to the official records in the office of the county auditor, the county board by resolution may declare the town, naming it, dissolved and no longer entitled to exercise any of the powers or functions of a town.

 

In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters of the town shall express their approval or disapproval. The town clerk shall, upon a petition signed by a majority of the registered voters of the town, filed with the clerk at least 60 days before a regular or special town election, give notice at the same time and in the same manner of the election that the question of dissolution of the town will be submitted for determination at the election. At the election the question shall be voted upon by a separate ballot, the terms of which shall be either "for dissolution" or "against dissolution.". The form of the question under this chapter shall be substantially in the following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a separate ballot box and the result of the voting canvassed, certified, and returned in the same manner and at the same time as other facts and returns of the election. If a majority of the votes cast at the election are for dissolution, the town shall be dissolved. If a majority of the votes cast at the election are against dissolution, the town shall not be dissolved.

 

When a town is dissolved under sections 368.47 to 368.49 the county shall acquire title to any telephone company or other business conducted by the town. The business shall be operated by the board of county commissioners until it can be sold. The subscribers or patrons of the business shall have the first opportunity of purchase. If the town has any outstanding indebtedness chargeable to the business, the county auditor shall levy a tax against the property situated in the dissolved town to pay the indebtedness as it becomes due.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9976

Sec. 20. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read:

 

Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision 2 the ballot shall be substantially in the following form:

 

(...) FOR the proposal (describe briefly the change proposed)

 

(...) AGAINST the proposal (describe briefly the change proposed) "Shall the office(s) of ....... be appointed rather than elected at the expiration of the(ir) current term(s)?"

 

Sec. 21. Minnesota Statutes 2012, section 412.091, is amended to read:

 

412.091 DISSOLUTION.

 

Whenever a number of voters equal to one-third of those voting at the last preceding city election petition the chief administrative law judge of the state Office of Administrative Hearings to dissolve the city, a special election shall be called to vote upon the question. Before the election, the chief administrative law judge shall designate a time and place for a hearing in accordance with section 414.09. After the hearing, the chief administrative law judge shall issue an order which shall include a date for the election, a determination of what town or towns the territory of the city shall belong to if the voters favor dissolution, and other necessary provisions. The ballots used at such election shall bear the printed words, "For Dissolution" and "Against Dissolution," with a square before each phrase in which the voter may express a preference by a cross. be substantially in the following form: "Shall the city of ... be dissolved?" If a majority of those voting on the question favor dissolution, the clerk shall file a certificate of the result with the chief administrative law judge, the secretary of state, and the county auditor of the county in which the city is situated. Six months after the date of such election, the city shall cease to exist. Within such six months, the council shall audit all claims against the city, settle with the treasurer, and other city officers, and apply the assets of the city to the payment of its debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of such debts with the county treasurer and the council shall levy a tax sufficient for their payment, the proceeds of which, when collected, shall be paid by the county treasurer to the creditors in proportion to their several claims until all are discharged. The principal and interest on outstanding bonds shall be paid when due by the county treasurer from a tax annually spread by the county auditor against property formerly included within the city until the bonds are fully paid. All city property and all rights of the city shall, upon dissolution, inure in the town or towns designated as the legal successor to the city. If the city territory goes to more than one town, surplus cash assets and unsold city property shall be distributed as provided by the order for the election."

 

Delete the title and insert:

 

"A bill for an act relating to elections; modifying provisions related to election administration; making technical changes to provisions related to voting, voter registration, ballots, and other election-related provisions; amending Minnesota Statutes 2012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.22; 204B.09, subdivision 3; 204B.19, subdivision 2; 204C.08, subdivision 1d; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2; 204D.15, subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections 201.061, subdivision 3; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision 1; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C."

 

 

The motion prevailed and the amendment was adopted.


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Bernardy moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 13, after line 12, insert:

 

"Sec. 22. REPEALER.

 

Minnesota Statutes 2012, section 201.016, subdivision 2, is repealed.

 

Sec. 23. EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Simon moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 1, after line 12, insert:

 

"Section 1. Minnesota Statutes 2013 Supplement, section 5B.06, is amended to read:

 

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

 

A program participant who is otherwise eligible to vote may register with the secretary of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5, the secretary of state is not required to send an absentee ballot application prior to each election to a program participant registered as a permanent absentee voter under this section. As soon as practicable before each election, the secretary of state shall determine the precinct in which the residential address of the program participant is located and shall request from and receive from the county auditor or other election official the ballot for that precinct and shall forward the absentee ballot to the program participant with the other materials for absentee balloting as required by Minnesota law. The program participant shall complete the ballot and return it to the secretary of state, who shall review the ballot in the manner provided by section 203B.24 203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of that section, the ballot must be certified by the secretary of state as the ballot of a program participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation along with all other ballots. The name and address of a program participant must not be listed in the statewide voter registration system."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.


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Hansen and Schoen moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 13, after line 12, insert:

 

"Sec. 22. DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL DISTRICT NO. 6, SOUTH ST. PAUL.

 

Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any other law, Special School District No. 6, South St. Paul, may by resolution dissolve election districts previously established. The resolution must include a plan for the orderly transition to at-large elections of school board members.

 

EFFECTIVE DATE. This section is effective the day after the governing body of Special School District No. 6, South St. Paul, and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

Hansen moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 1, after line 12, insert:

 

"Section 1. Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2, is amended to read:

 

Subd. 2. Supervisors elected by districts. (a) A district board in the seven-county metropolitan area shall by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision.

 

(a) The (b) A district board outside of the seven-county metropolitan area, with the approval of the state board, may by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision.

 

(b) (c) The supervisor districts must be composed of precincts established by county and municipal governing bodies under section 204B.14. The districts must be compact, include only contiguous territory, and be substantially equal in population. The districts must be numbered in a regular series. The districts must be drawn by the county board of the county containing the largest area of the soil and water conservation district, in consultation with the district board and with the approval of the state board. The boundaries of the districts must be redrawn after each decennial federal census as provided in section 204B.135. A certified copy of the resolution establishing supervisor districts must be filed by the chair of the district board with the county auditor of the counties where the soil and water conservation district is located, with the state board, and with the secretary of state, and the filings must occur within 80 days of the time when the legislature has been redistricted or at least 15 weeks before the state primary election in a year ending in two, whichever comes first.

 

(c) (d) Each supervisor district is entitled to elect one supervisor. A supervisor must be a resident of the district from which elected.


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(d) (e) The district board shall provide staggered terms for supervisors elected by district. After each redistricting, there shall be a new election of supervisors in all the districts at the next general election, except that if the change made in the boundaries of a district is less than five percent of the average population of all the districts, the supervisor in office at the time of the redistricting shall serve for the full term for which elected. The district board shall determine by lot the seats to be filled for a two-year term, a four-year term, and a six-year term.

 

EFFECTIVE DATE. This section is effective January 1, 2015, and applies to elections conducted on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

The motion prevailed and the amendment was adopted.

 

 

O'Driscoll moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 2, line 11, strike "eight" and insert "three"

 

 

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

 

 

Sanders moved to amend S. F. No. 2390, the second engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2013 Supplement, section 201.061, subdivision 3, is amended to read:

 

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

 

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

 

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

 

(3) presenting one of the following:

 

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

 

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

 

(4) (3) having a voter who is registered to vote in the precinct, or who is an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct.


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 2. Minnesota Statutes 2012, section 201.081, is amended to read:

 

201.081 REGISTRATION FILES.

 

Subdivision 1. Statewide registration system. 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.


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A properly completed voter registration application that has been submitted 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.

 

Subd. 2. Exception. The secretary of state may maintain voter records of participants of the Safe at Home program for the purposes of chapter 5B.

 

Sec. 3. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read:

 

Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall prepare the master list for each county auditor. The records in the statewide registration system must be periodically corrected and updated by the county auditor. An updated master list for each precinct must be available for absentee voting at least 32 46 days before each election. A final corrected master list must be available seven days before each election.

 

Sec. 4. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read:

 

Subd. 4. Request for removal of voter record. If a voter makes a written request for removal of the voter's record, the county auditor shall remove inactivate the record of the voter from in the statewide voter registration system.

 

Sec. 5. Minnesota Statutes 2012, section 203B.22, is amended to read:

 

203B.22 TRANSMITTING BALLOTS.

 

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

 

(b) The county auditor must transmit the appropriate ballots by express mail immediately upon discovery that the ballots were not properly transmitted to the voter as a result of the following circumstances: (1) an application was received by the county auditor by the close of business at least 46 days before the election; (2) the county auditor failed to transmit the appropriate ballots by the 46th day before the election; and (3) the voter did not request that the ballots be electronically transmitted to the voter under section 203B.225, subdivision 1.

 

Sec. 6. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election. The filing officer shall provide copies of the form to make the request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States. The request must also include the name of at least one candidate for presidential elector. The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.


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(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 7. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read:

 

Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in paragraph (b), no individual shall be appointed as an election judge for any precinct if that individual:

 

(1) is unable to read, write, or speak the English language;

 

(2) is the spouse,; parent, including a stepparent; child, including a stepchild,; or sibling, including a stepsibling,; of any election judge serving in the same precinct or of any candidate at that election; or

 

(3) is a candidate at that election.

 

(b) Individuals who are related to each other as provided in paragraph (a), clause (2), may serve as election judges in the same precinct, provided that they serve on separate shifts that do not run concurrently.

 

Sec. 8. Minnesota Statutes 2013 Supplement, section 204B.45, subdivision 2, is amended to read:

 

Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.

 

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

 

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

 

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


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The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

 

Sec. 9. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election must be given to the county auditor at least 74 days prior to the election. This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district. No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.

 

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

 

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

 

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

 

Sec. 10. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:

 

Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:

 

"VOTER'S BILL OF RIGHTS

 

For all persons residing in this state who meet federal voting eligibility requirements:


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(1) You have the right to be absent from work for the purpose of voting in a state or federal election without reduction to your pay, personal leave, or vacation time on election day for the time necessary to appear at your polling place, cast a ballot, and return to work.

 

(2) If you are in line at your polling place any time before 8:00 p.m., you have the right to vote.

 

(3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.

 

(4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.

 

(5) You have the right to request special assistance when voting.

 

(6) If you need assistance, you may be accompanied into the voting booth by a person of your choice, except by an agent of your employer or union or a candidate.

 

(7) You have the right to bring your minor children into the polling place and into the voting booth with you.

 

(8) If you have been convicted of a felony but your felony sentence has expired (been completed) or you have been discharged from your sentence, you have the right to vote.

 

(9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.

 

(10) You have the right to vote without anyone in the polling place trying to influence your vote.

 

(11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.

 

(12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.

 

(13) You have the right to take a sample ballot into the voting booth with you.

 

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."

 

Sec. 11. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read:

 

Subdivision 1. Summary statements. For state elections, each official responsible for printing ballots shall furnish three or more blank summary statement forms for the returns of those ballots for each precinct. At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections. The blank summary statement forms shall be furnished at the same time and in the same manner as the ballots. The county auditor shall furnish blank summary statement forms containing separate space for the summary statement of the returns of the white state general election ballot and the summary statement of the returns for the state pink ballot.

 

Sec. 12. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read:

 

Subdivision 1. Order of offices. The candidates for partisan offices shall be placed on the white state general election ballot in the following order: senator in Congress shall be first; representative in Congress, second; state senator, third; and state representative, fourth. The candidates for state offices shall follow in the order specified by the secretary of state. Candidates for governor and lieutenant governor shall appear so that a single vote may be cast for both offices.


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Sec. 13. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read:

 

Subd. 2. Order of political parties. The first name printed for each partisan office on the white state general election ballot shall be that of the candidate of the major political party that received the smallest average number of votes at the last state general election. The succeeding names shall be those of the candidates of the other major political parties that received a succeedingly higher average number of votes respectively. For the purposes of this subdivision, the average number of votes of a major political party shall be computed by dividing the total number of votes counted for all of the party's candidates for statewide office at the state general election by the number of those candidates at the election.

 

Sec. 14. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read:

 

Subdivision 1. Titles for constitutional amendments. The secretary of state shall provide an appropriate title for each question printed on the pink state general election ballot. The title shall be approved by the attorney general, and shall consist of not more than one printed line above the question to which it refers. At the top of the ballot just below the heading, a conspicuous notice shall be printed stating that a voter's failure to vote on a constitutional amendment has the effect of a negative vote.

 

Sec. 15. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read:

 

Subd. 1a. City council members; expiration of terms. The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. All officers of charter cities chosen and qualified shall hold office until their successors qualify.

 

Sec. 16. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read:

 

Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation.

 

Sec. 17. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is amended to read:

 

Subdivision 1. Questions. (a) Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment. The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district. Upon petition filed with the school board of 50 or more voters of the school district or five percent of the number of voters voting at the preceding school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district. A question is carried only with the majority in its favor required by law. The election officials for a special election are the same as for the most recent school district general election unless changed according to law. Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election.

 

(b) A special election may not be held:


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(1) during the 56 days before and the 56 days after a regularly scheduled primary or general election conducted wholly or partially within the school district.;

 

(2) on the date of a regularly scheduled town election in March conducted wholly or partially within the school district; or

 

(3) during the 30 days before or the 30 days after a regularly scheduled town election in March conducted wholly or partially within the school district.

 

(c) Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

 

Sec. 18. [211C.071] REMOVAL ELECTION FORM OF QUESTION.

 

The form of the question under this chapter must be:

 

"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed from that office?"

 

Sec. 19. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read:

 

368.47 TOWNS MAY BE DISSOLVED.

 

(1) When the voters residing within a town have failed to elect any town officials for more than ten years continuously;

 

(2) when a town has failed for a period of ten years to exercise any of the powers and functions of a town;

 

(3) when the estimated market value of a town drops to less than $165,000;

 

(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or unpaid because they are contested in proceedings for the enforcement of taxes, amounts to 12 percent of its market value; or

 

(5) when the state or federal government has acquired title to 50 percent of the real estate of a town,

 

which facts, or any of them, may be found and determined by the resolution of the county board of the county in which the town is located, according to the official records in the office of the county auditor, the county board by resolution may declare the town, naming it, dissolved and no longer entitled to exercise any of the powers or functions of a town.

 

In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters of the town shall express their approval or disapproval. The town clerk shall, upon a petition signed by a majority of the registered voters of the town, filed with the clerk at least 60 days before a regular or special town election, give notice at the same time and in the same manner of the election that the question of dissolution of the town will be submitted for determination at the election. At the election the question shall be voted upon by a separate ballot, the terms of which shall be either "for dissolution" or "against dissolution.". The form of the question under this chapter shall be substantially in the following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a separate ballot box and the result of the voting canvassed, certified, and returned in the same manner and at the same time as other facts and returns of the election. If a majority of the votes cast at the election are for dissolution, the town shall be dissolved. If a majority of the votes cast at the election are against dissolution, the town shall not be dissolved.


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When a town is dissolved under sections 368.47 to 368.49 the county shall acquire title to any telephone company or other business conducted by the town. The business shall be operated by the board of county commissioners until it can be sold. The subscribers or patrons of the business shall have the first opportunity of purchase. If the town has any outstanding indebtedness chargeable to the business, the county auditor shall levy a tax against the property situated in the dissolved town to pay the indebtedness as it becomes due.

 

Sec. 20. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read:

 

Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision 2 the ballot shall be substantially in the following form:

 

(...) FOR the proposal (describe briefly the change proposed)

 

(...) AGAINST the proposal (describe briefly the change proposed) "Shall the office(s) of ....... be appointed rather than elected at the expiration of the(ir) current term(s)?"

 

Sec. 21. Minnesota Statutes 2012, section 412.091, is amended to read:

 

412.091 DISSOLUTION.

 

Whenever a number of voters equal to one-third of those voting at the last preceding city election petition the chief administrative law judge of the state Office of Administrative Hearings to dissolve the city, a special election shall be called to vote upon the question. Before the election, the chief administrative law judge shall designate a time and place for a hearing in accordance with section 414.09. After the hearing, the chief administrative law judge shall issue an order which shall include a date for the election, a determination of what town or towns the territory of the city shall belong to if the voters favor dissolution, and other necessary provisions. The ballots used at such election shall bear the printed words, "For Dissolution" and "Against Dissolution," with a square before each phrase in which the voter may express a preference by a cross. be substantially in the following form: "Shall the city of ... be dissolved?" If a majority of those voting on the question favor dissolution, the clerk shall file a certificate of the result with the chief administrative law judge, the secretary of state, and the county auditor of the county in which the city is situated. Six months after the date of such election, the city shall cease to exist. Within such six months, the council shall audit all claims against the city, settle with the treasurer, and other city officers, and apply the assets of the city to the payment of its debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of such debts with the county treasurer and the council shall levy a tax sufficient for their payment, the proceeds of which, when collected, shall be paid by the county treasurer to the creditors in proportion to their several claims until all are discharged. The principal and interest on outstanding bonds shall be paid when due by the county treasurer from a tax annually spread by the county auditor against property formerly included within the city until the bonds are fully paid. All city property and all rights of the city shall, upon dissolution, inure in the town or towns designated as the legal successor to the city. If the city territory goes to more than one town, surplus cash assets and unsold city property shall be distributed as provided by the order for the election."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Sanders moved to amend his amendment to S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 1, line 21, strike "or"


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Page 2, line 10, before the period, insert "; or

 

(4) presenting any document designated by the secretary of state as proper identification, if the secretary's designation of that document has been reviewed by the legislature and its use has been authorized by law"

 

 

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

 

 

Benson, M., moved to amend the Sanders amendment to S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 1, after line 3, insert:

 

"ARTICLE 1

ELECTION ADMINISTRATION"

 

Page 1, delete section 1

 

Page 12, after line 35, insert:

 

"ARTICLE 2

PHOTO IDENTIFICATION

 

Section 1. Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision to read:

 

Subd. 3b. Voter identification cards. (a) The Department of Public Safety shall provide a Minnesota voter identification card to any applicant who is eligible to vote in Minnesota and who does not possess a valid Minnesota driver's license or state identification card. The department may not require the applicant to pay a fee for issuance of a card. A state-subsidized voter identification card may only be applied for at a driver's licensing facility operated by the Division of Driver and Vehicle Services. Upon application for a state-subsidized voter identification card, including upon application for a renewal, duplicate card, or when a new card is required as a result of a change of address, an applicant must present verification that the applicant is at least 18 years of age, is a citizen of the United States, and will have maintained residence in Minnesota for at least 20 days immediately preceding the next election.

 

(b) A voter identification card must bear a distinguishing number assigned to the applicant, a color photograph or an electronically produced image of the applicant, the applicant's full name and date of birth, the applicant's address of residence, a description of the applicant in the manner the commissioner deems necessary, and the usual signature of the applicant.

 

(c) A voter identification card shall not be valid identification for purposes unrelated to voting in Minnesota.

 

(d) A voter identification card must be of a different color scheme than a Minnesota driver's license or state identification card, but must incorporate the same information and security features as provided in subdivision 9.

 

(e) Each voter identification card must be plainly marked: "Voter Identification Not a drivers license. Valid Identification Only for Voting."


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Sec. 2. Minnesota Statutes 2013 Supplement, section 171.07, subdivision 4, is amended to read:

 

Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision, the expiration date of Minnesota identification cards and voter identification cards of applicants under the age of 65 shall be the birthday of the applicant in the fourth year following the date of issuance of the card.

 

(b) A Minnesota identification card and voter identification card issued to an applicant age 65 or older shall be valid for the lifetime of the applicant, except that for the purposes of this paragraph, "Minnesota identification card" does not include an enhanced identification card issued to an applicant age 65 or older.

 

(c) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. The commissioner shall issue an identification card to a holder of an Under-21 identification card who applies for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines that the applicant is not qualified for the identification card.

 

Sec. 3. Minnesota Statutes 2012, section 171.07, subdivision 9, is amended to read:

 

Subd. 9. Improved security. The commissioner shall develop new Drivers' licenses and, identification cards, to be issued beginning January 1, 1994, that and voter identification cards must be as impervious to alteration as is reasonably practicable in their design and quality of material and technology. The driver's license security laminate shall be made from materials not readily available to the general public. The design and technology employed must enable the driver's license and identification card to be subject to two or more methods of visual verification capable of clearly indicating the presence of tampering or counterfeiting. The driver's license and identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering.

 

Sec. 4. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.

 

The following are sufficient proof of identity and residence for purposes of election day voter registration under section 201.061, subdivision 3, and for determining whether to count a provisional ballot under section 204C.135, subdivision 2:

 

(1) a current, valid driver's license, state identification card, or voter identification card issued to the voter by the Department of Public Safety that contains the voter's current address of residence in the precinct;

 

(2) an identification card issued to the voter by the tribal government of a tribe recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current address of residence in the precinct, and any other items of data required to be contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs (a) and (b);

 

(3) an original receipt for a new, renewed, or updated driver's license, state identification card, or voter identification card issued to the voter under section 171.07 that contains the voter's current address of residence in the precinct along with one of the following documents, provided that it contains a photograph of the voter:

 

(i) a driver's license or identification card that is expired, invalidated, or does not contain the voter's current address of residence, issued to the voter by the state of Minnesota or any other state or territory of the United States;

 

(ii) a United States passport issued to the voter;

 

(iii) an identification card issued by a branch, department, agency, entity, or subdivision of Minnesota or the federal government;


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(iv) an identification card issued by an accredited postsecondary institution with a campus located within Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

(v) an identification card issued to the voter by the tribal government of a tribe recognized by the Bureau of Indian Affairs;

 

(4) if the voter resides in a shelter facility designated for battered women, as defined in section 611A.37, subdivision 4, a driver's license or identification card issued to the voter by the Department of Public Safety that contains the voter's photograph and address of residence prior to seeking the services of the shelter facility, along with a certification of residence in the facility, signed by the facility's administrator on a form prescribed by the secretary of state; or

 

(5) a driver's license or identification card issued by Minnesota or any other state or territory of the United States that does not contain the voter's current address of residence, if the voter is a student and either:

 

(i) the voter's name and address of residence is included on a residential housing list certified to the county auditor for use in that precinct under section 135A.17, subdivision 2; or

 

(ii) the voter presents a current student fee statement, issued to the voter, that contains the voter's valid address of residence in the precinct.

 

Sec. 5. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD ACCOUNT.

 

A state-subsidized voter identification card account is established in the special revenue fund. Money in the account is appropriated to the Department of Public Safety for purposes of reimbursing the department for administrative costs providing state-subsidized voter identification cards to individuals qualifying under section 171.07, subdivision 3b, provided that the department may not be reimbursed more than $9.85 for each card issued. The commissioner of public safety must report to the legislature at least monthly by county on expenditure of funds from this account. A report of the total expenditures by county must be submitted to the majority and minority members of the house of representatives and senate committees with oversight in elections by January 31 of each year.

 

Sec. 6. Minnesota Statutes 2013 Supplement, section 201.061, subdivision 3, is amended to read:

 

Subd. 3. Election day registration. (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of identity and residence. An individual may prove identity and residence for purposes of registering by: presenting documentation as permitted by section 200.035.

 

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

 

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

 

(3) presenting one of the following:

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 7. Minnesota Statutes 2012, section 201.12, subdivision 1, is amended to read:

 

Subdivision 1. Notice of registration. (a) To prevent fraudulent voting and to eliminate excess names, the county auditor may, except where required by paragraph (b), mail to any registered voter a notice stating the voter's name and address as they appear in the registration files. The notice shall request the voter to notify the county auditor if there is any mistake in the information.


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(b) The notice provided in paragraph (a) must be sent upon acceptance of a registration application from any voter who has not been previously registered to vote in Minnesota. In addition to the requirements of paragraph (a), the notice sent to a voter under this paragraph must inform the voter of the requirements for voting in the polling place, including the photo identification requirements contained in section 204C.10, and provide information to assist the voter in acquiring a voter identification card, if necessary, under section 201.017.

 

Sec. 8. Minnesota Statutes 2012, section 201.221, subdivision 3, is amended to read:

 

Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe the form of polling place rosters that include the voter's name, address, date of birth, school district number, and space for the voter's signature. The address listed on the polling place roster must be the voter's address of residence, unless the voter has requested that the address printed on the roster be the voter's mailing address because the voter is a judge, law enforcement officer, or corrections officer. The secretary of state may prescribe additional election-related information to be placed on the polling place rosters on an experimental basis for one state primary and general election cycle; the same information may not be placed on the polling place roster for a second state primary and general election cycle unless specified in this subdivision. The polling place roster must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe procedures for transporting the polling place rosters to the election judges for use on election day. The secretary of state shall prescribe the form for a county or municipality to request the date of birth from currently registered voters. The county or municipality shall not request the date of birth from currently registered voters by any communication other than the prescribed form and the form must clearly indicate that a currently registered voter does not lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the county auditor shall retain the prescribed polling place rosters used on the date of election for 22 months following the election.

 

Sec. 9. Minnesota Statutes 2012, section 204C.10, is amended to read:

 

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

 

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

 

(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the voter to present a photo identification document, as described in subdivision 2; and (2) confirm the applicant's name, address, and date of birth. A voter who cannot produce sufficient identification as required by subdivision 2 may not sign the polling place roster, but may cast a provisional ballot as provided in section 204C.135.

 

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

 

Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in subdivision 1, a voter must present a valid form of one of the following documents or sets of documents issued to the voter:

 

(1) a Minnesota driver's license, state identification card, or voter identification card issued under section 171.07 that contains the voter's current address of residence in the precinct;


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(2)(i) an original receipt for a new, renewed, or updated driver's license, state identification card, or voter identification card issued to the voter under section 171.07 that contains the voter's current address of residence in the precinct; and

 

(ii) a driver's license or identification card that is expired, invalidated, or does not contain the voter's current address of residence in the precinct, issued to the voter by the state of Minnesota or any other state or territory of the United States;

 

(3) an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's current address of residence in the precinct, and any other items of data required to be contained on a Minnesota identification card, as provided in section 171.07, subdivision 3, paragraphs (a) and (b);

 

(4) if the voter resides in a shelter facility designated for battered women, as defined in section 611A.37, subdivision 4, a driver's license or identification card issued to the voter by the Department of Public Safety that contains the voter's photograph and address of residence prior to seeking the services of the shelter facility, along with a certification of residence in the facility, signed by the facility's administrator on a form prescribed by the secretary of state; or

 

(5) a driver's license or identification card issued by Minnesota or any other state or territory of the United States that does not contain the voter's current address of residence, if the voter is a student and either:

 

(i) the voter's name and address of residence is included on a residential housing list certified to the county auditor for use in that precinct under section 135A.17, subdivision 2; or

 

(ii) the voter presents a current student fee statement, issued to the voter, that contains the voter's valid address of residence in the precinct.

 

(b) An identification card presented under this section is not deficient for a lack of the voter's current address of residence in the precinct if the identification card contains the mailing address of the voter that matches the address listed on the polling place roster.

 

Sec. 10. Minnesota Statutes 2012, section 204C.12, subdivision 3, is amended to read:

 

Subd. 3. Determination of residence. In determining the legal residence of a challenged individual, the election judges shall be governed by the principles contained in section 200.031. If the challenged individual's answers to the questions show ineligibility to vote in that precinct, the individual shall not be allowed to vote. If the individual has marked ballots but not yet deposited them in the ballot boxes before the election judges determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened with the spoiled ballots. If the answers to the questions fail to show that the individual is not eligible to vote in that precinct and the challenge is not withdrawn, the election judges shall verbally administer the oath on the voter certificate to the individual. After taking the oath and completing and signing the voter certificate, the challenged individual shall be allowed to vote permit the voter to cast a provisional ballot in the manner provided in section 204C.135.

 

Sec. 11. [204C.135] PROVISIONAL BALLOTS.

 

Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to vote are entitled to cast a provisional ballot in the manner provided by this section:

 

(1) a voter who is unable to provide proper photo identification as required by section 204C.10;


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(2) a voter whose registration status is listed as "challenged" on the polling place roster; and

 

(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.

 

(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster and complete a provisional ballot envelope. The envelope must contain a space for the voter to list the voter's name, address of residence, date of birth, voter identification number, and any other information prescribed by the secretary of state. The voter must also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously in the same election, and meets the criteria for registering to vote in the precinct in which the voter appears.

 

Once the voter has completed the provisional ballot envelope, the voter must be allowed to cast a provisional ballot. The provisional ballot must be in the same form as the official ballot available in the precinct on election day. A completed provisional ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's provisional ballot envelope and deposited by the voter in a secure, sealed provisional ballot box. Completed provisional ballots may not be combined with other voted ballots in the polling place.

 

(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by the secretary of state. The provisional ballot envelope must be a color other than that provided for absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."

 

(d) Provisional ballots and related documentation shall be delivered to and securely maintained by the county auditor or municipal clerk in the same manner as required for other election materials under sections 204C.27 and 204C.28.

 

Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in the polling place may personally appear before the county auditor or municipal clerk no later than seven calendar days following the election to prove that the voter's provisional ballot should be counted. The county auditor or municipal clerk must count a provisional ballot in the final certified results from the precinct if:

 

(1) the statewide voter registration system indicates that the voter is eligible to vote or, if challenged, the voter presents evidence of the voter's eligibility to vote; and

 

(2) the voter presents proof of identity and residence in the precinct in the manner permitted by section 200.035.

 

(b) If a voter does not appear before the county auditor or municipal clerk within seven calendar days following the election or otherwise does not satisfy the requirements of paragraph (a), or if the data listed on the items of identification presented by the voter does not match the data submitted by the voter on the provisional ballot envelope, the voter's provisional ballot must not be counted.

 

(c) The county auditor or municipal clerk must notify, in writing, any provisional voter who does not appear within seven calendar days of the election that the voter's provisional ballot was not counted because of the voter's failure to appear before the county auditor or municipal clerk within the time permitted by law to determine whether the provisional ballot should be counted.

 

Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional ballots in the final vote totals from a precinct, the county auditor must verify that the number of signatures appearing on the provisional ballot roster from that precinct is equal to or greater than the number of accepted provisional ballots submitted by voters in the precinct on election day. Any discrepancy must be resolved before the provisional ballots from the precinct may be counted. Excess provisional ballots to be counted must be randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a voter to appear to prove residence and identity has expired and the ballots to be counted have been separated from the provisional ballot envelopes.


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Sec. 12. Minnesota Statutes 2012, section 204C.32, is amended to read:

 

204C.32 CANVASS OF STATE PRIMARIES.

 

Subdivision 1. County canvass. The county canvassing board shall meet at the county auditor's office on either the second or third eighth day following the state primary. After taking the oath of office, the canvassing board shall publicly canvass the election returns delivered to the county auditor. The board shall complete the canvass by the third eighth day following the state primary and shall promptly prepare and file with the county auditor a report that states:

 

(a) the number of individuals voting at the election in the county, and in each precinct;

 

(b) the number of individuals registering to vote on election day and the number of individuals registered before election day in each precinct;

 

(c) for each major political party, the names of the candidates running for each partisan office and the number of votes received by each candidate in the county and in each precinct;

 

(d) the names of the candidates of each major political party who are nominated; and

 

(e) the number of votes received by each of the candidates for nonpartisan office in each precinct in the county and the names of the candidates nominated for nonpartisan office.

 

Upon completion of the canvass, the county auditor shall mail or deliver a notice of nomination to each nominee for county office voted for only in that county. The county auditor shall transmit one of the certified copies of the county canvassing board report for state and federal offices to the secretary of state by express mail or similar service immediately upon conclusion of the county canvass. The secretary of state shall mail a notice of nomination to each nominee for state or federal office.

 

Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of State's Office seven 14 days after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors. Immediately after the canvassing board declares the results, the secretary of state shall certify the names of the nominees to the county auditors. The secretary of state shall mail to each nominee a notice of nomination.

 

Sec. 13. Minnesota Statutes 2012, section 204C.33, subdivision 1, is amended to read:

 

Subdivision 1. County canvass. The county canvassing board shall meet at the county auditor's office between the third eighth and tenth 14th days following the state general election. After taking the oath of office, the board shall promptly and publicly canvass the general election returns delivered to the county auditor. Upon completion of the canvass, the board shall promptly prepare and file with the county auditor a report which states:

 

(a) the number of individuals voting at the election in the county and in each precinct;

 

(b) the number of individuals registering to vote on election day and the number of individuals registered before election day in each precinct;

 

(c) the names of the candidates for each office and the number of votes received by each candidate in the county and in each precinct;

 

(d) the number of votes counted for and against a proposed change of county lines or county seat; and


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(e) the number of votes counted for and against a constitutional amendment or other question in the county and in each precinct.

 

The result of write-in votes cast on the general election ballots must be compiled by the county auditor before the county canvass, except that write-in votes for a candidate for federal, state, or county office must not be counted unless the candidate has timely filed a request under section 204B.09, subdivision 3. The county auditor shall arrange for each municipality to provide an adequate number of election judges to perform this duty or the county auditor may appoint additional election judges for this purpose. The county auditor may open the envelopes or containers in which the voted ballots have been sealed in order to count and record the write-in votes and must reseal the voted ballots at the conclusion of this process. The county auditor must prepare a separate report of votes received by precinct for write-in candidates for federal, state, and county offices who have requested under section 204B.09 that votes for those candidates be tallied.

 

Upon completion of the canvass, the county canvassing board shall declare the candidate duly elected who received the highest number of votes for each county and state office voted for only within the county. The county auditor shall transmit a certified copy of the county canvassing board report for state and federal offices to the secretary of state by messenger, express mail, or similar service immediately upon conclusion of the county canvass.

 

Sec. 14. Minnesota Statutes 2012, section 204C.37, is amended to read:

 

204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF STATE.

 

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33, subdivision 1, shall be certified under the official seal of the county auditor. The copy shall be enclosed in an envelope addressed to the secretary of state, with the county auditor's name and official address and the words "Election Returns" endorsed on the envelope. The copy of the canvassing board report and the precinct summary statements must be sent by express mail or delivered to the secretary of state. If the copy is not received by the secretary of state within ten days following the applicable election a primary election, or within 16 days following a general election, the secretary of state shall immediately notify the county auditor, who shall deliver another copy to the secretary of state by special messenger.

 

Sec. 15. Minnesota Statutes 2012, section 205.065, subdivision 5, is amended to read:

 

Subd. 5. Results. (a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. If the primary is conducted:

 

(1) only within that municipality, a canvass may be conducted on either the second or third eighth day after the primary; or

 

(2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b).

 

The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee.

 

(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second eighth day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day.


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Sec. 16. Minnesota Statutes 2012, section 205.185, subdivision 3, is amended to read:

 

Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) Between the third eighth and tenth 14th days after an election, the governing body of a city conducting any election including a special municipal election, or the governing body of a town conducting the general election in November shall act as the canvassing board, canvass the returns, and declare the results of the election. The governing body of a town conducting the general election in March shall act as the canvassing board, canvass the returns, and declare the results of the election within two ten days after an election.

 

(b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court.

 

(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.

 

Sec. 17. Minnesota Statutes 2012, section 205A.03, subdivision 4, is amended to read:

 

Subd. 4. Results. (a) The school district primary must be conducted and the returns made in the manner provided for the state primary as far as practicable. If the primary is conducted:

 

(1) only within that school district, a canvass may be conducted on either the second or third eighth day after the primary; or

 

(2) in conjunction with the state primary, the canvass must be conducted on the third eighth day after the primary, except as otherwise provided in paragraph (b).

 

The school board of the school district shall canvass the returns, and the two candidates for each specified school board position who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to at-large school board positions who receive the highest number of votes, are the nominees for the office named. Their names must be certified to the school district clerk who shall place them on the school district general election ballot without partisan designation and without payment of an additional fee.

 

(b) Following a school district primary as described in paragraph (a), clause (2), a canvass may be conducted on the second eighth day after the primary if the county auditor of each county in which the school district is located agrees to administratively review the school district's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day.

 

Sec. 18. Minnesota Statutes 2012, section 205A.10, subdivision 3, is amended to read:

 

Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between the third eighth and tenth 14th days after a school district election other than a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59, the school board shall canvass the returns and declare the results of the election. After the time for contesting elections has passed, the school district clerk shall issue a certificate of election to each successful candidate. If there is a contest, the certificate of election to that office must not be issued until the outcome of the contest has been determined by the proper court. If there is a tie vote, the school board shall determine the result by lot. The clerk shall deliver the certificate of election to the successful candidate by personal service or certified mail. The successful candidate shall file an acceptance and oath of office in writing with the clerk within 30 days of the date of mailing or personal service. A person who fails to qualify prior to the time specified shall be deemed to have refused to serve, but that filing may be made at any time before action to fill the vacancy has been taken. The school district clerk shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9998

A school district canvassing board shall perform the duties of the school board according to the requirements of this subdivision for a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59.

 

Sec. 19. EFFECTIVE DATE.

 

Sections 1 to 19 are effective July 1, 2014, and apply to elections held on or after that date."

 

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 57 yeas and 71 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

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.

 

 

Drazkowski moved to amend the Sanders amendment to S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 12, after line 35, insert:

 

"Sec. 22. REIMBURSEMENT FOR ACTIVITIES NOT AUTHORIZED BY LAW.

 

The secretary of state shall reimburse the general fund for all costs incurred by the secretary, and any other agency or political subdivision of the state, in implementing and defending the online voter registration system declared invalid by the order of the Ramsey County District Court, case 62-CV-13-7718, dated April 28, 2014.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 9999

Costs required to be reimbursed under this section include, but are not limited to, costs of developing, installing, and operating the online system, and costs incurred by the attorney general in conducting a legal defense of the system, including any award of costs, disbursements, or attorney's fees that are assessed against the state of Minnesota due to the secretary's actions. The secretary shall reimburse the general fund through reductions in the office's general operating budget or, notwithstanding any law to the contrary, through use of the secretary's personal funds, no later than August 1, 2014."

 

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 56 yeas and 71 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Holberg

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

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.

 

 

Sanders moved to amend his amendment to S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 1, after line 3, insert:

 

"ARTICLE 1

ELECTION ADMINISTRATION"


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10000

Page 12, after line 35, insert:

 

"ARTICLE 2

JUNE PRIMARY

 

Section 1. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:

 

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

 

(1) each city ward; and

 

(2) each town and each statutory city.

 

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

 

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

 

(2) for contiguous precincts in the same municipality;

 

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

 

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

 

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

 

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

 

Sec. 2. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:

 

Subd. 4. Boundary change procedure. Any change in the boundary of an election precinct must be adopted at least ten weeks before the date of the next election and, for the state primary and general election, no later than June April 1 in the year of the state general election. The precinct boundary change shall not take effect until notice of the change has been posted in the office of the municipal clerk or county auditor for at least 56 days.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10001

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

 

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

 

Sec. 3. Minnesota Statutes 2012, section 204B.21, subdivision 1, is amended to read:

 

Subdivision 1. Appointment lists; duties of political parties and secretary of state. On May March 1 in a year in which there is an election for a partisan political office, each major political party shall prepare a list of eligible voters to act as election judges in each election precinct. The political parties shall furnish the lists electronically to the secretary of state, in a format specified by the secretary of state. The secretary of state must combine the data received from each political party under this subdivision and must process the data to locate the precinct in which the address provided for each potential election judge is located. If the data submitted by a political party is insufficient for the secretary of state to locate the proper precinct, the associated name must not appear in any list forwarded to an appointing authority under this subdivision. The secretary of state shall notify political parties of any proposed election judges with addresses that could not be located in a precinct.

 

By May March 15, the secretary of state shall furnish electronically to the county auditor a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority, noting the political party affiliation of each individual on the list. The county auditor must promptly forward the appropriate names to the appropriate municipal clerk.

 

Sec. 4. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:

 

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

 

Sec. 5. Minnesota Statutes 2012, section 204D.09, subdivision 1, is amended to read:

 

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

 

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

 

Sec. 6. Minnesota Statutes 2012, section 204D.28, subdivision 5, is amended to read:

 

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

 

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

 

(b) a primary held on the second first Tuesday after the third Monday in August June of odd-numbered years.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10002

Sec. 7. Minnesota Statutes 2012, section 205.065, subdivision 1, is amended to read:

 

Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the second first Tuesday after the third Monday in August June of any year in which a municipal general election is to be held for the purpose of electing officers. The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

 

Sec. 8. Minnesota Statutes 2012, section 205.065, subdivision 2, is amended to read:

 

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

 

Sec. 9. Minnesota Statutes 2012, section 205A.03, subdivision 1, is amended to read:

 

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

 

Sec. 10. Minnesota Statutes 2012, section 205A.03, subdivision 2, is amended to read:

 

Subd. 2. Date. The school district primary must be held on the second first Tuesday after the third Monday in August June in the year when the school district general election is held. The clerk shall give notice of the primary in the manner provided in section 205A.07. The date of a school district primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205A.055.

 

Sec. 11. Minnesota Statutes 2012, section 205A.06, subdivision 1a, is amended to read:

 

Subd. 1a. Filing period. In school districts that have adopted a resolution to choose nominees for school board by a primary election, affidavits of candidacy must be filed with the school district clerk no earlier than the 84th day and no later than the 70th day before the second first Tuesday after the third Monday in August June in the year when the school district general election is held. In all other school districts, affidavits of candidacy must be filed no earlier than the 98th day and no later than the 84th day before the school district general election.

 

Sec. 12. Minnesota Statutes 2012, section 205A.11, subdivision 2a, is amended to read:

 

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


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10003

Sec. 13. Minnesota Statutes 2012, section 206.61, subdivision 5, is amended to read:

 

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

 

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

 

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

 

Sec. 14. Minnesota Statutes 2013 Supplement, section 206.82, subdivision 2, is amended to read:

 

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

 

Sec. 15. EFFECTIVE DATE.

 

This article is effective January 1, 2015, and applies to elections conducted on or after that date."

 

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 40 yeas and 84 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Cornish

Daudt

Davids

Erickson, S.

Fabian

Franson

Green

Gunther

Howe

Johnson, B.

Kelly

Kieffer

Kresha

Loon

Mack


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10004

McNamara

Morgan

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Rosenthal

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Ward, J.E.

Wills

Woodard

Zerwas


 

Those who voted in the negative were:

 


Allen

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Gruenhagen

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kiel

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

Melin

Metsa

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Pugh

Quam

Runbeck

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

O'Driscoll moved to amend the Sanders amendment to S. F. No. 2390, the second engrossment, as amended, as follows:

 

Page 2, line 1, strike "eight" and insert "three"

 

 

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 57 yeas and 71 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zellers

Zerwas


 

Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Faust

Fischer

Freiberg


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10005

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

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.

 

 

Sanders withdrew his amendment to S. F. No. 2390, the second engrossment, as amended.

 

 

S. F. No. 2390, A bill for an act relating to elections; modifying provisions related to election administration; making technical changes to provisions related to voting, voter registration, ballots, and other election-related provisions; amending Minnesota Statutes 2012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.12, subdivision 7, by adding a subdivision; 203B.22; 204B.09, subdivision 3; 204B.19, subdivision 2; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2; 204D.15, subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 370.05; 375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections 203B.04, subdivision 1; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision 1; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C.

 

 

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 128 yeas and 0 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

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

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

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


 

 

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


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10006

H. F. No. 3238 was reported to the House.

 

 

Schoen moved to amend H. F. No. 3238, the second engrossment, as follows:

 

Page 2, line 21, delete "abused party" and insert "child"

 

Page 2, line 22, delete "abused party" and insert "child"

 

Page 2, line 23, delete "abused party" and insert "child"

 

Page 2, line 25, delete "abused party" and insert "child"

 

Page 3, line 9, after the period, insert "A law enforcement agency is not required to accept an abusing party's firearm under this paragraph."

 

Page 3, line 18, after "responsible" insert "under section 624.7144"

 

Page 3, line 19, delete "the firearms while the firearms are" and insert "a transferred firearm while the firearm is"

 

Page 3, line 28, delete "Prior to issuing an order under this subdivision" and insert "When a court issues an order containing a firearms restriction provided for in paragraph (d)" and after "determine" insert "by a preponderance of evidence"

 

Page 4, line 3, before "party" insert "third" and after "party" insert "or federally licensed firearms dealer" and after "affidavit" insert "or proof of transfer"

 

Page 4, line 4, after "affidavits" insert "or proofs of transfer"

 

Page 4, line 5, after the first "affidavits" insert "or proofs of transfer" and after "court" insert "within two business days of the transfer" and after the second "affidavits" insert "or proofs of transfer"

 

Page 4, line 6, after the period, insert "A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (d) and (e) as if accepting transfer from the abusing party. If the law enforcement agency does not receive written notice from the abusing party within three business days, the agency may charge a reasonable fee to store the abusing party's firearms."

 

Page 6, line 13, delete "abused party" and insert "petitioner"

 

Page 6, line 14, delete "abused party" and insert "petitioner"

 

Page 6, line 16, delete "abused party" and insert "petitioner"

 

Page 6, line 17, delete "abused party" and insert "petitioner"

 

Page 7, line 2, after the period, insert "A law enforcement agency is not required to accept an abusing party's firearm under this paragraph."

 

Page 7, line 11, after "responsible" insert "under section 624.7144"

 

Page 7, line 12, delete "the firearms while the firearms are" and insert "a transferred firearm while the firearm is"


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10007

Page 7, line 21, delete "Prior to issuing an order under this subdivision" and insert "When a court issues an order containing a firearms restriction provided for in paragraph (g)" and after "determine" insert "by a preponderance of evidence"

 

Page 7, line 32, before "party" insert "third" and after "party" insert "or federally licensed firearms dealer" and after "affidavit" insert "or proof of transfer"

 

Page 7, line 33, after "affidavits" insert "or proofs of transfer"

 

Page 7, line 34, after the first "affidavits" insert "or proofs of transfer" and after "court" insert "within two business days of the transfer" and after the second "affidavits" insert "or proofs of transfer"

 

Page 7, line 35, after the period, insert "A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (g) and (h) as if accepting transfer from the abusing party. If the law enforcement agency does not receive written notice from the abusing party within three business days, the agency may charge a reasonable fee to store the abusing party's firearms."

 

Page 9, line 8, delete "abusing party" and insert "defendant"

 

Page 9, line 14, delete "An abusing party" and insert "A defendant"

 

Page 9, line 15, delete the first "abusing party" and insert "defendant" and delete "an abusing party" and insert "a defendant"

 

Page 9, line 17, delete "abusing party" and insert "defendant"

 

Page 9, line 25, delete "an abusing party" and insert "a person"

 

Page 9, line 26, delete "an abusing party" and insert "a defendant" and delete "abusing party's" and insert "defendant's"

 

Page 9, line 27, delete "abusing party" and insert "defendant"

 

Page 9, line 28, delete "abusing party" and insert "defendant" and after the period, insert "A law enforcement agency is not required to accept a person's firearm under this paragraph."

 

Page 9, line 30, delete "An abusing party" and insert "A defendant"

 

Page 9, line 33, delete "abusing party" and insert "defendant" and delete "abusing party's" and insert "defendant's"

 

Page 9, line 34, delete "abusing party's" and insert "defendant's"

 

Page 9, line 35, delete "abusing party" and insert "defendant"

 

Page 9, line 36, delete "abusing" and insert "defendant"

 

Page 10, line 1, delete "party"

 

Page 10, line 2, after "responsible" insert "under section 624.7144" and delete "abusing party" and insert "defendant"


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10008

Page 10, line 3, delete "the firearms while the firearms are" and insert "a transferred firearm while the firearm is"

 

Page 10, line 5, delete "abusing party" and insert "defendant"

 

Page 10, line 7, delete "abusing party" and insert "defendant"

 

Page 10, line 8, delete "abusing party" and insert "defendant"

 

Page 10, line 12, delete "Prior to being released from custody" and insert "When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, and the court determines that the assault was against a family or household member" and after "determine" insert "by a preponderance of the evidence"

 

Page 10, line 16, delete "abusing party's" and insert "defendant's"

 

Page 10, line 22, before "party" insert "third" and after "party" insert "or federally licensed firearms dealer"

 

Page 10, line 23, after "affidavit" insert "or proof of transfer" and after "affidavits" insert "or proofs of transfer"

 

Page 10, line 24, after "affidavits" insert "or proofs of transfer" and after "court" insert "within two business days of the transfer"

 

Page 10, line 25, after "affidavits" insert "or proofs of transfer" and after the period, insert "A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (f) and (g) as if accepting transfer from the defendant. If the law enforcement agency does not receive written notice from the defendant within three business days, the agency may charge a reasonable fee to store the defendant's firearms."

 

Page 11, line 23, delete "abusing party" and insert "defendant"

 

Page 11, line 28, delete "An abusing party" and insert "A defendant"

 

Page 11, line 29, delete "abusing party" and insert "defendant" and delete "an abusing party" and insert "a defendant"

 

Page 11, line 30, delete "abusing" and insert "defendant"

 

Page 11, line 31, delete "party"

 

Page 12, line 3, delete "an abusing party" and insert "a defendant"

 

Page 12, line 4, delete "an abusing party" and insert "a defendant" and delete "abusing party's" and insert "defendant's"

 

Page 12, line 5, delete "abusing party" and insert "defendant"

 

Page 12, line 6, delete "abusing party" and insert "defendant" and after the period, insert "A law enforcement agency is not required to accept a person's firearm under this paragraph."

 

Page 12, line 8, delete "An abusing party" and insert "A defendant"


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10009

Page 12, line 11, delete "abusing party" and insert "defendant" and delete "abusing party's" and insert "defendant's"

 

Page 12, line 12, delete "abusing party's" and insert "defendant's"

 

Page 12, line 13, delete "abusing party" and insert "defendant"

 

Page 12, line 14, delete "abusing" and insert "defendant"

 

Page 12, line 15, delete the first "party"

 

Page 12, line 16, after "responsible" insert "under section 624.7144" and delete "abusing party" and insert "defendant"

 

Page 12, line 17, delete "the firearms while the firearms are" and insert "a transferred firearm while the firearm is"

 

Page 12, line 19, delete "abusing party" and insert "defendant"

 

Page 12, line 21, delete "abusing party" and insert "defendant"

 

Page 12, line 22, delete "abusing party" and insert "defendant"

 

Page 12, line 26, delete "Prior to being released from custody" and insert "When a person is convicted of a stalking crime under this section" and after "determine" insert "by a preponderance of the evidence"

 

Page 12, line 30, delete "abusing party's" and insert "defendant's"

 

Page 12, line 36, before "party" insert "third" and after "party" insert "or federally licensed firearms dealer"

 

Page 13, line 1, after "affidavit" insert "or proof of transfer" and after "affidavits" insert "or proofs of transfer"

 

Page 13, line 2, after "affidavits" insert "or proofs of transfer" and after "court" insert "within two business days of the transfer"

 

Page 13, line 3, after "affidavits" insert "or proofs of transfer" and after the period, insert "A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law enforcement agency does not receive written notice from the defendant within three business days, the agency may charge a reasonable fee to store the defendant's firearms."

 

Page 15, line 5, delete everything after "is" and insert "disqualified from possessing a firearm under United States Code, title 18, section 922(g)(8) or (9), as amended through March 1, 2014"

 

Page 15, line 6, delete everything before the semicolon

 

Page 15, line 15, delete "or"

 

Page 15, delete lines 16 and 17 and insert:

 

"(12) a person who has been convicted of a violation of section 609.224 if the court determined that the assault was against a family or household member in accordance with section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of another violation of section 609.224 or a violation of a section listed in clause (11); or


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10010

(13) a person who is subject to an order for protection as described in section 260C.201, subdivision 3, paragraph (d), or section 518B.01, subdivision 6, paragraph (g)."

 

Page 16, line 1, delete "person required to transfer the firearm" and insert "abusing party or offender"

 

Page 16, line 4, delete "took reasonable precautions" and insert "exercised due care" and delete "person who transferred" and insert "abusing party or offender"

 

Page 16, line 5, delete the first "the firearm" and after the period, insert "The third party shall not return the firearm to the abusing party or offender until the prohibiting time period imposed under section 260C.201, subdivision 3; section 518B.01, subdivision 6; section 609.2242, subdivision 3; or section 609.749, subdivision 8, has expired and the abusing party or offender presents a current, valid transferee permit or passes a federal background check through the National Instant Criminal Background Check System. The third party may rely on a court order describing the length of the prohibiting time period as conclusive evidence that the prohibiting time period has expired, unless otherwise notified by the court."

 

 

The motion prevailed and the amendment was adopted.

 

 

The Speaker resumed the Chair.

 

 

H. F. No. 3238, A bill for an act relating to public safety; prohibiting persons subject to domestic violence restraining orders from possessing weapons; requiring persons convicted of domestic violence offenses to surrender their firearms while they are prohibited from possessing firearms; providing penalties; amending Minnesota Statutes 2012, sections 260C.201, subdivision 3; 518B.01, subdivision 6; 609.2242, subdivision 3; 609.749, subdivision 8; 624.713, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624.

 

 

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

 

The question was taken on the passage of the bill and the roll was called. There were 111 yeas and 15 nays as follows:

 

Those who voted in the affirmative were:

 


Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hornstein

Hortman

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10011

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Spk. Thissen


 

Those who voted in the negative were:

 


Albright

Anderson, M.

Benson, M.

Daudt

Drazkowski

Fabian

FitzSimmons

Gruenhagen

Hackbarth

Hertaus

Leidiger

McDonald

Newberger

Nornes

Peppin


 

 

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

 

 

S. F. No. 2066, A bill for an act relating to state government; creating a Legislative Commission on Data Practices and Personal Data Privacy; proposing coding for new law in Minnesota Statutes, chapter 3.

 

 

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 124 yeas and 3 nays as follows:

 

Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

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


 

Those who voted in the negative were:

 


Drazkowski

Hertaus

Peppin


 

 

The bill was passed and its title agreed to.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10012

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Friday, May 2, 2014 and established a prefiling requirement for amendments offered to the following bills:

 

S. F. No. 874; H. F. Nos. 2670, 2995 and 2386; S. F. No. 2466; H. F. Nos. 2949 and 263; and S. F. No. 2718.

 

 

MOTIONS AND RESOLUTIONS

 

 

Allen moved that the name of Myhra be added as an author on H. F. No. 1082. The motion prevailed.

 

Sundin moved that the name of Mullery be added as an author on H. F. No. 1984. The motion prevailed.

 

Murphy, M., moved that the name of Selcer be added as an author on H. F. No. 2365. The motion prevailed.

 

Norton moved that the name of Clark be added as an author on H. F. No. 2672. The motion prevailed.

 

Dorholt moved that the name of Selcer be added as an author on H. F. No. 2785. The motion prevailed.

 

Hansen moved that the name of Bly be added as an author on H. F. No. 2798. The motion prevailed.

 

Freiberg moved that the name of Slocum be added as an author on H. F. No. 3359. The motion prevailed.

 

 

MOTION TO FIX TIME TO CONVENE

 

Murphy, E., moved that when the House adjourns today it adjourn until 10:00 a.m., Thursday, May 1, 2014. The motion prevailed.

 

 

Murphy, E., moved that the House recess subject to the call of the Chair for the purpose of meeting with the Senate in Joint Convention to hear the address by the Governor. The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

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

 

 

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


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10013

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 2213, A bill for an act relating to mortgage foreclosures; amending the definition of a small servicer; clarifying the Foreclosure Curative Act; amending Minnesota Statutes 2013 Supplement, sections 582.043, subdivision 1; 582.27, subdivision 1.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2605, A bill for an act relating to commerce; establishing a fee schedule for automated property system transactions; authorizing state auditor to examine fee schedule; delaying effective dates for automated property system; requiring reports; amending Minnesota Statutes 2012, section 325E.21, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 168A.1501, subdivision 5, by adding a subdivision; 325E.21, subdivisions 1a, 1c, 4; Laws 2013, chapter 126, sections 5; 10; 11.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2874, A bill for an act relating to health; making technical changes; eliminating or modernizing antiquated, unnecessary, and obsolete provisions; amending Minnesota Statutes 2012, sections 62J.50, subdivisions 1, 2; 62J.51; 62J.52, as amended; 62J.53; 62J.535; 62J.536, subdivision 2; 62J.54, subdivisions 1, 2, 3; 62J.56, subdivisions 1, 2, 3; 62J.581, subdivisions 1, 3, 4; 62J.61, subdivision 1; 122A.40, subdivision 12; 122A.41, subdivision 6; 144.12, subdivision 1; 154.25; 626.557, subdivision 12b; repealing Minnesota Statutes 2012, sections 62J.322; 62J.59; 144.011, subdivision 2; 144.0506; 144.071; 144.072; 144.076; 144.146, subdivision 1; 144.1475; 144.443; 144.444; 144.45; 145.132; 145.97; 145.98, subdivisions 1, 3.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the following change in the membership of the Conference Committee on H. F. No. 2090:

 

The name of Newman has been stricken, and the name of Limmer has been added.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10014

Mr. Speaker:

 

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

 

S. F. Nos. 2377 and 2490.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2377, A bill for an act relating to solid waste; establishing textile reuse and recycling goal for the state; amending Minnesota Statutes 2012, section 115A.551, by adding a subdivision.

 

The bill was read for the first time.

 

Wagenius moved that S. F. No. 2377 and H. F. No. 2445, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 2490, A bill for an act relating to labor and employment; providing employee protections in joint powers agreements; proposing coding for new law in Minnesota Statutes, chapter 179A.

 

The bill was read for the first time.

 

Anzelc moved that S. F. No. 2490 and H. F. No. 2939, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

 

Prayer was offered by the Reverend Cynthia Williams, Park Avenue Church, Minneapolis, Minnesota.

 

The roll being called the following Senators answered to their names: Anderson, Bakk and Benson.

 

Senator Bakk moved that further proceedings of the roll call be dispensed with. The motion prevailed and a quorum was declared present.

 

 

The Sergeant at Arms announced the arrival of the Honorable Lorie Skjerven Gildea, Chief Justice of the Supreme Court, and the Honorable Associate Justices of the Supreme Court. They were escorted to the seats reserved for them near the rostrum.


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10015

The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota: Mark Ritchie, Secretary of State; Rebecca Otto, State Auditor; and Lori Swanson, Attorney General. The Constitutional Officers were escorted to the seats reserved for them.

 

 

The Sergeant at Arms announced the arrival of the 42nd Vice President of the United States, Walter F. Mondale. The former Vice President was escorted to the seat reserved for him.

 

 

The Sergeant at Arms announced the arrival of the Honorable Yvonne Prettner Solon, Lieutenant Governor of the State of Minnesota. The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.

 

 

The Sergeant at Arms announced the arrival of the Honorable Mark Dayton, Governor of the State of Minnesota, and his official party. The Governor was escorted to the rostrum by the appointed committees.

 

 

ADDRESS BY THE GOVERNOR

 

As President of the Joint Convention, the Honorable Paul Thissen presented the Honorable Mark Dayton, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.

 

 

Following the address, Senator Bakk moved that the Joint Convention adjourn. The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

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

 

 

ADJOURNMENT

 

Murphy, E., moved that the House adjourn. The motion prevailed, and the Speaker declared that the House stands adjourned until 10:00 a.m., Thursday, May 1, 2014.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


Journal of the House - 94th Day - Wednesday, April 30, 2014 - Top of Page 10016