Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10657

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

ONE HUNDRED THIRD DAY

 

Saint Paul, Minnesota, Tuesday, May 13, 2014

 

 

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

 

      Prayer was offered by Jim Bradshaw, Bradshaw Celebration of Life Center, Stillwater, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Kelly, Lesch and Newberger were excused.

 

      Mack was excused until 11:00 a.m.  Franson was excused until 11:10 a.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 - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10658

REPORTS OF CHIEF CLERK

 

      S. F. No. 2255 and H. F. No. 2319, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Nelson moved that the rules be so far suspended that S. F. No. 2255 be substituted for H. F. No. 2319 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 9, 2014

 

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Thissen:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. Nos. 2566, 1916, 2405, 2953, 3115, 3014, 3017, 3238, 3043, 2219, 2755, 2313, 1425, 655, 2854, 1874, 3084, 2318 and 2912.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2014 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10659

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2014

 

Date Filed

2014

 

                               2566                      206                                         10:14 a.m. May 9                                   May 9

                               1916                      207                                         10:15 a.m. May 9                                   May 9

                               2405                      208                                         10:20 a.m. May 9                                   May 9

                               2953                      209                                         10:16 a.m. May 9                                   May 9

                               3115                      210                                         10:21 a.m. May 9                                   May 9

                               3014                      211                                         10:03 a.m. May 9                                   May 9

                               3017                      212                                         10:24 a.m. May 9                                   May 9

                               3238                      213                                         10:04 a.m. May 9                                   May 9

                               3043                      214                                         10:25 a.m. May 9                                   May 9

     2398                                                215                                         10:26 a.m. May 9                                   May 9

                               2219                      216                                         10:27 a.m. May 9                                   May 9

     2449                                                217                                         10:28 a.m. May 9                                   May 9

                               2755                      218                                         10:28 a.m. May 9                                   May 9

                               2313                      219                                         10:07 a.m. May 9                                   May 9

                               1425                      220                                         10:30 a.m. May 9                                   May 9

                                 655                      221                                         10:31 a.m. May 9                                   May 9

                               2854                      222                                         10:32 a.m. May 9                                   May 9

     2490                                                223                                         10:04 a.m. May 9                                   May 9

     2609                                                224                                         10:33 a.m. May 9                                   May 9

       663                                                225                                         10:10 a.m. May 9                                   May 9

                               1874                      226                                         10:11 a.m. May 9                                   May 9

                               3084                      227                                         10:17 a.m. May 9                                   May 9

     1340                                                228                                         10:34 a.m. May 9                                   May 9

     2162                                                229                                         10:13 a.m. May 9                                   May 9

                               2318                      230                                         10:18 a.m. May 9                                   May 9

                               2912                      231                                         10:18 a.m. May 9                                   May 9

     1900                                                232                                         10:35 a.m. May 9                                   May 9

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 11, 2014

 

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Thissen:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 2536.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10660

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2014 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2014

 

Date Filed

2014

 

                                2536                     239                                         11:34 a.m. May 11                               May 11

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3302, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2012, section 58A.12.

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 3302 was read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 2255 was read for the second time.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10661

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

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Hortman.

 

 

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. 2467, A bill for an act relating to human services; modifying requirements for human services background studies; amending Minnesota Statutes 2012, sections 245C.02, by adding subdivisions; 245C.03, subdivision 2, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivisions 1, 2, 2c, 4, 5; 245C.07; 245C.13, subdivision 1; 245C.17, subdivision 1; 245C.20, by adding a subdivision; 245C.32, by adding subdivisions; Minnesota Statutes 2013 Supplement, section 245C.04, subdivision 4a; proposing coding for new law in Minnesota Statutes, chapter 245C.

 

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. 2622, A bill for an act relating to clean water; abolishing the privatization of water or wastewater treatment law; amending Minnesota Statutes 2012, sections 116.18, subdivision 3b; 469.153, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision 2; 272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09; 471A.10; 471A.11; 471A.12.

 

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. 2949, A bill for an act relating to unemployment insurance; making policy and housekeeping changes to the unemployment insurance program; adopting recommendations of the Unemployment Insurance Advisory Council; amending Minnesota Statutes 2012, sections 268.035, subdivisions 2, 4, 11, 12, 20, 22, 29; 268.051,


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10662

subdivision 4; 268.057, subdivisions 5, 7; 268.0625, subdivision 4; 268.085, subdivisions 3, 4, 6, by adding a subdivision; 268.0865, subdivisions 3, 4; 268.095, subdivision 2; 268.103, subdivision 2a; 268.105, subdivisions 1, 2, 3a, 5, 6; 268.18, subdivision 2b; 268.184, subdivisions 1, 1a; 268.186; 268.196, subdivision 1; 268.215; repealing Minnesota Statutes 2012, section 268.105, subdivision 4; Laws 2005, chapter 112, article 1, section 15; Laws 2008, chapter 363, article 10, section 30; Minnesota Rules, parts 3315.0200, subpart 1; 3315.0203; 3315.0211; 3315.0212; 3315.0213; 3315.0801; 3315.0805; 3315.0810; 3315.0815; 3315.0820; 3315.0825; 3315.0830; 3315.0835; 3315.0840; 3315.0845; 3315.0901; 3315.0905.

 

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. 3241, A bill for an act relating to claims against the state; providing for settlement of certain claims; authorizing certain payments by the Department of Transportation; appropriating money.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

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.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

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

 

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

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10663

Mr. Speaker:

 

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

 

H. F. No. 2090, A bill for an act relating to civil actions; prohibiting certain indemnification agreements; proposing coding for new law in Minnesota Statutes, chapter 604.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 2834, A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

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


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10664

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 repassed said bill in accordance with the recommendation and report of the Conference Committee.  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. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying invasive species provisions; providing for certain grants; requiring development of certain master plan; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; updating and eliminating certain obsolete language; modifying prior appropriations; requiring issuance of general permit; requiring a report; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 84D.01, subdivision 8b; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.646; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 87A; 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.

 

The Senate has appointed as such committee:

 

Senators Schmit, Hoffman and Ruud.

 

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 House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 263, A bill for an act relating to public safety; adding fifth degree assault and certain domestic assault provisions to crime of violence; amending Minnesota Statutes 2012, section 624.712, subdivision 5.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10665

CONCURRENCE AND REPASSAGE

 

      Paymar moved that the House concur in the Senate amendments to H. F. No. 263 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 263, A bill for an act relating to public safety; amending the definition of crime of violence in the firearm law; amending Minnesota Statutes 2012, section 624.712, subdivision 5.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

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 repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 2684, A bill for an act relating to transportation; amending requirements governing graduated driver licensing; amending Minnesota Statutes 2012, sections 171.01, by adding a subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10666

CONCURRENCE AND REPASSAGE

 

      Norton moved that the House concur in the Senate amendments to H. F. No. 2684 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 2684, A bill for an act relating to transportation; amending requirements governing graduated driver licensing; amending Minnesota Statutes 2012, sections 171.01, by adding a subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 84 yeas and 45 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Runbeck

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Torkelson

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Abeler

Albright

Anderson, M.

Anderson, P.

Anderson, S.

Benson, M.

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

Garofalo

Green

Hackbarth

Hertaus

Holberg

Howe

Johnson, B.

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

McDonald

Myhra

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Pugh

Quam

Sanders

Schomacker

Scott

Swedzinski

Theis

Urdahl

Wills

Woodard

Zellers

Zerwas


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 2950, A bill for an act relating to human services; removing obsolete provisions from statute and rule relating to children and family services, health care, chemical and mental health services, continuing care, and operations; modifying provisions governing the elderly waiver, the alternative care program, and mental health


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10667

services for children; amending Minnesota Statutes 2012, sections 13.46, subdivision 4; 245.4871, subdivisions 3, 6; 245.4873, subdivision 2; 245.4874, subdivision 1; 245.4881, subdivisions 3, 4; 245.4882, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivision 5; 246.0135; 246.325; 254B.05, subdivision 2; 256.01, subdivision 14b; 256.963, subdivision 2; 256.969, subdivision 9; 256B.0913, subdivisions 5a, 14; 256B.0915, subdivisions 3c, 3d, 3f, 3g; 256B.0943, subdivisions 8, 10, 12; 256B.69, subdivisions 2, 4b, 5, 5a, 5b, 6b, 6d, 17, 26, 29, 30; 256B.692, subdivisions 2, 5; 256D.02, subdivision 11; 256D.04; 256D.045; 256D.07; 256I.04, subdivision 3; 256I.05, subdivision 1c; 256J.425, subdivision 4; 518A.65; 595.06; 626.556, subdivision 3c; Minnesota Statutes 2013 Supplement, sections 245A.03, subdivision 7; 256B.0943, subdivisions 1, 2, 7; 256B.69, subdivisions 5c, 28; 256D.02, subdivision 12a; 517.04; Laws 2013, chapter 108, article 3, section 48; repealing Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision 2; 119B.23; 119B.231; 119B.232; 158.13; 158.14; 158.15; 158.16; 158.17; 158.18; 158.19; 245.0311; 245.0312; 245.072; 245.4861; 245.487, subdivisions 4, 5; 245.4871, subdivisions 7, 11, 18, 25; 245.4872; 245.4873, subdivisions 3, 6; 245.4875, subdivisions 3, 6, 7; 245.4883, subdivision 1; 245.490; 245.492, subdivisions 6, 8, 13, 19; 245.4932, subdivisions 2, 3, 4; 245.4933; 245.494; 245.63; 245.652; 245.69, subdivision 1; 245.714; 245.715; 245.717; 245.718; 245.721; 245.77; 245.827; 245A.02, subdivision 7b; 245A.09, subdivision 12; 245A.11, subdivision 5; 246.012; 246.016; 246.023, subdivision 1; 246.28; 251.045; 252.05; 252.07; 252.09; 254.01; 254.03; 254.04; 254.06; 254.07; 254.09; 254.10; 254.11; 254A.05, subdivision 1; 254A.07, subdivisions 1, 2; 254A.16, subdivision 1; 254B.01, subdivision 1; 254B.04, subdivision 3; 256.01, subdivisions 3, 14, 14a; 256.964; 256.9691; 256.971; 256.975, subdivision 3; 256.9753, subdivision 4; 256.9792; 256B.04, subdivision 16; 256B.0656; 256B.0657; 256B.075, subdivision 4; 256B.0757, subdivision 7; 256B.0913, subdivision 9; 256B.0916, subdivisions 6, 6a; 256B.0928; 256B.19, subdivision 3; 256B.431, subdivisions 28, 31, 33, 34, 37, 38, 39, 40, 41, 43; 256B.434, subdivision 19; 256B.440; 256B.441, subdivisions 46, 46a; 256B.491; 256B.501, subdivisions 3a, 3b, 3h, 3j, 3k, 3l, 5e; 256B.5016; 256B.503; 256B.53; 256B.69, subdivisions 5e, 6c, 24a; 256B.692, subdivision 10; 256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b, 5; 256I.07; 256J.24, subdivision 10; 256K.35; 259.85, subdivisions 2, 3, 4, 5; 518A.53, subdivision 7; 518A.74; 626.557, subdivision 16; 626.5593; Minnesota Statutes 2013 Supplement, sections 246.0251; 254.05; 254B.13, subdivision 3; 256B.31; 256B.501, subdivision 5b; 256C.05; 256C.29; 259.85, subdivision 1; Minnesota Rules, parts 9549.0020, subparts 2, 12, 13, 20, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 38, 41, 42, 43, 44, 46, 47; 9549.0030; 9549.0035, subparts 4, 5, 6; 9549.0036; 9549.0040; 9549.0041, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15; 9549.0050; 9549.0051, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14; 9549.0053; 9549.0054; 9549.0055, subpart 4; 9549.0056; 9549.0060, subparts 1, 2, 3, 8, 9, 12, 13; 9549.0061; 9549.0070, subparts 1, 4.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Liebling moved that the House concur in the Senate amendments to H. F. No. 2950 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 2950, A bill for an act relating to human services; removing obsolete provisions from statute and rule relating to children and family services, health care, chemical and mental health services, continuing care, and operations; modifying provisions governing the elderly waiver, the alternative care program, and mental health services for children; amending Minnesota Statutes 2012, sections 13.46, subdivision 4; 245.4871, subdivisions 3, 6; 245.4873, subdivision 2; 245.4874, subdivision 1; 245.4881, subdivisions 3, 4; 245.4882, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivision 5; 246.0135; 246.325; 254B.05, subdivision 2; 256.01, subdivision 14b; 256.963, subdivision 2; 256.969, subdivision 9; 256B.0913, subdivisions 5a, 14; 256B.0915, subdivisions 3c, 3d, 3f, 3g; 256B.0943, subdivisions 8, 10, 12; 256B.69, subdivisions 2, 4b, 5, 5a, 5b, 6b, 6d, 17, 26, 29, 30; 256B.692, subdivisions 2, 5; 256D.02, subdivision 11; 256D.04; 256D.045; 256D.07; 256I.04, subdivision 3; 256I.05, subdivision 1c; 256J.425, subdivision 4; 518A.65; 595.06; 626.556, subdivision 3c; Minnesota Statutes 2013 Supplement, sections 245A.03, subdivision 7; 256B.0943, subdivisions 1, 2, 7; 256B.69, subdivisions 5c, 28; 256D.02, subdivision 12a; 517.04; Laws 2013, chapter 108, article 3, section 48; repealing Minnesota Statutes 2012, sections 119A.04, subdivision 1; 119B.09, subdivision 2; 119B.23; 119B.231; 119B.232; 158.13; 158.14; 158.15;


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10668

158.16; 158.17; 158.18; 158.19; 245.0311; 245.0312; 245.072; 245.4861; 245.487, subdivisions 4, 5; 245.4871, subdivisions 7, 11, 18, 25; 245.4872; 245.4873, subdivisions 3, 6; 245.4875, subdivisions 3, 6, 7; 245.4883, subdivision 1; 245.490; 245.492, subdivisions 6, 8, 13, 19; 245.4932, subdivisions 2, 3, 4; 245.4933; 245.494; 245.63; 245.652; 245.69, subdivision 1; 245.714; 245.715; 245.717; 245.718; 245.721; 245.77; 245.827; 245A.02, subdivision 7b; 245A.09, subdivision 12; 245A.11, subdivision 5; 246.012; 246.016; 246.023, subdivision 1; 246.28; 251.045; 252.038; 252.05; 252.07; 252.09; 254.01; 254.03; 254.04; 254.06; 254.07; 254.09; 254.10; 254.11; 254A.05, subdivision 1; 254A.07, subdivisions 1, 2; 254A.16, subdivision 1; 254B.01, subdivision 1; 254B.04, subdivision 3; 256.01, subdivisions 3, 14, 14a; 256.964; 256.9691; 256.971; 256.975, subdivision 3; 256.9753, subdivision 4; 256.9792; 256B.04, subdivision 16; 256B.0656; 256B.0657; 256B.075, subdivision 4; 256B.0757, subdivision 7; 256B.0913, subdivision 9; 256B.0916, subdivisions 6, 6a; 256B.0928; 256B.19, subdivision 3; 256B.431, subdivisions 28, 31, 33, 34, 37, 38, 39, 40, 41, 43; 256B.434, subdivision 19; 256B.440; 256B.441, subdivisions 46, 46a; 256B.491; 256B.501, subdivisions 3a, 3b, 3h, 3j, 3k, 3l, 5e; 256B.5016; 256B.503; 256B.53; 256B.69, subdivisions 5e, 6c, 24a; 256B.692, subdivision 10; 256D.02, subdivision 19; 256D.05, subdivision 4; 256D.46; 256I.05, subdivisions 1b, 5; 256I.07; 256J.24, subdivision 10; 256K.35; 259.85, subdivisions 2, 3, 4, 5; 518A.53, subdivision 7; 518A.74; 626.557, subdivision 16; 626.5593; Minnesota Statutes 2013 Supplement, sections 246.0251; 254.05; 254B.13, subdivision 3; 256B.31; 256B.501, subdivision 5b; 256C.05; 256C.29; 259.85, subdivision 1; Minnesota Rules, parts 9549.0020, subparts 2, 12, 13, 20, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 38, 41, 42, 43, 44, 46, 47; 9549.0030; 9549.0035, subparts 4, 5, 6; 9549.0036; 9549.0040; 9549.0041, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15; 9549.0050; 9549.0051, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14; 9549.0053; 9549.0054; 9549.0055, subpart 4; 9549.0056; 9549.0060, subparts 1, 2, 3, 8, 9, 12, 13; 9549.0061; 9549.0070, subparts 1, 4.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

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 repassed, as amended by the Senate, and its title agreed to.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10669

Mr. Speaker:

 

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

 

S. F. No. 2390.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON 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.

 

May 7, 2014

The Honorable Sandra L. Pappas

President of the Senate

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2390 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2390 be further amended as follows:

 

Delete everything after the enacting clause and 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.


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Sec. 2.  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.

 

(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.

 

Sec. 3.  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


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(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 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. 4.  Minnesota Statutes 2012, section 201.061, subdivision 8, as added by Laws 2014, chapter 185, section 3, is amended to read:

 

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


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10672

(b) The electronic registration system must be secure.  The Web site shall maintain the confidentiality of all users and preserve the integrity of the data submitted.  The secretary of state shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this section.  All data sent and received through the Web site must be encrypted.

 

(c) The secretary of state must provide ongoing testing and monitoring to ensure continued security.  The secretary of state must work with the chief information officer as defined in section 16E.01, subdivision 1, or another security expert to annually assess the security of the system.  The security assessment must include a certification signed by the secretary of state that states that adequate security measures are in place.  The certification must also be signed by the chief information officer or another security expert affirming that the assessment is accurate.  The secretary of state must submit the security assessment to the legislative auditor and to the chairs and ranking minority members of the committees in the senate and house of representatives with primary jurisdiction over elections by January 1 of each year, except that the first annual security assessment must be submitted by September 30, 2014, and no report is required for January 1, 2015.

 

(d) In developing the electronic voter registration system, the secretary of state must consult with the chief information officer or the chief's designee to ensure the site is secure.

 

Sec. 5.  Minnesota Statutes 2012, section 201.081, as amended by Laws 2014, chapter 185, section 6, is amended to read:

 

201.081 REGISTRATION FILES.

 

Subdivision 1.  Statewide registration system.  (a) The statewide registration system is the official record of registered voters.  The voter registration applications and the terminal providing access to the statewide registration system must be under the control of the county auditor or the public official to whom the county auditor has delegated the responsibility for maintaining voter registration records.  The voter registration applications and terminals providing access to the statewide registration system must not be removed from the control of the county auditor except as provided in this section.  The county auditor may make photographic copies of voter registration applications in the manner provided by section 138.17.

 

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

 

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

 

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. 6.  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.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10673

Sec. 7.  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. 8.  Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, as amended by Laws 2014, chapter 185, section 8, is amended to read:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2) Minnesota state identification card number;

 

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

 

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

 

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

 

(d) An applicant's full date of birth, Minnesota driver's license or state identification number, and the last four digits of the applicant's Social Security number must not be made available for public inspection.  An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device.  An application mailed


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10674

or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election.  The absentee ballot applications or a list of persons applying for an absentee ballot may not be made available for public inspection until the close of voting on election day, except as authorized in section 203B.12.

 

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

 

Sec. 9.  Minnesota Statutes 2012, section 203B.04, subdivision 7, as added by Laws 2014, chapter 185, section 9, is amended to read:

 

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

 

(b) The electronic absentee ballot application system must be secure.  The Web site shall maintain the confidentiality of all users and preserve the integrity of the data submitted.  The secretary of state shall employ security measures to ensure the accuracy and integrity of absentee ballot applications submitted electronically pursuant to this section.  All data sent and received through the Web site must be encrypted.

 

(c) The secretary of state must provide ongoing testing and monitoring to ensure continued security.  The secretary of state must work with the chief information officer as defined in section 16E.01, subdivision 1, or another security expert to annually assess the security of the system.  The security assessment must include a certification signed by the secretary of state that states that adequate security measures are in place.  The certification must also be signed by the chief information officer or another security expert affirming that the assessment is accurate.  The secretary of state must submit the security assessment to the legislative auditor and to the chairs and ranking minority members of the committees in the senate and house of representatives with primary jurisdiction over elections by January 1 of each year, except that the first annual security assessment must be submitted by September 30, 2014, and no report is required for January 1, 2015.

 

(d) In developing the electronic absentee ballot application system, the secretary of state must consult with the chief information officer or the chief's designee to ensure the site is secure.

 

Sec. 10.  Minnesota Statutes 2012, section 203B.12, subdivision 7, is amended to read:

 

Subd. 7.  Names of persons submitting; rejected absentee ballots.  The names of voters who have submitted an absentee ballot return envelope to the county auditor or municipal clerk that has not been accepted may not be made available for public inspection until the close of voting on election day.

 

Sec. 11.  Minnesota Statutes 2012, section 203B.12, is amended by adding a subdivision to read:

 

Subd. 8.  Names of persons; accepted absentee ballots.  For all elections where use of the statewide voter registration system is required, the secretary of state must maintain a list of voters who have submitted absentee ballots that have been accepted.  For all other elections, the county auditor or municipal clerk must maintain a list of voters who have submitted absentee ballots that have been accepted.  The lists must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.


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Sec. 12.  Minnesota Statutes 2012, section 203B.17, subdivision 3, as amended by Laws 2014, chapter 185, section 10, is amended to read:

 

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

 

(b) The electronic absentee ballot application system must be secure.  The Web site shall maintain the confidentiality of all users and preserve the integrity of the data submitted.  The secretary of state shall employ security measures to ensure the accuracy and integrity of absentee ballot applications submitted electronically pursuant to this section.  All data sent and received through the Web site must be encrypted.

 

(c) The secretary of state must provide ongoing testing and monitoring to ensure continued security.  The secretary of state must work with the chief information officer as defined in section 16E.01, subdivision 1, or another security expert to annually assess the security of the system.  The security assessment must include a certification signed by the secretary of state that states that adequate security measures are in place.  The certification must also be signed by the chief information officer or another security expert affirming that the assessment is accurate.  The secretary of state must submit the security assessment to the legislative auditor and to the chairs and ranking minority members of the committees in the senate and house of representatives with primary jurisdiction over elections by January 1 of each year, except that the first annual security assessment must be submitted by September 30, 2014, and no report is required for January 1, 2015.

 

(d) In developing the electronic absentee ballot application system, the secretary of state must consult with the chief information officer or the chief's designee to ensure the site is secure.

 

Sec. 13.  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. 14.  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.


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(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. 15.  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. 16.  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.


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

 

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

 

Sec. 17.  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.

 

(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."


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Sec. 18.  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. 19.  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. 20.  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. 21.  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. 22.  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. 23.  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.


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Sec. 24.  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.

 

(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. 25.  [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. 26.  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.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10680

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.

 

Sec. 27.  Minnesota Statutes 2012, section 370.05, is amended to read:

 

370.05 NOTICE OF ELECTION; FORM OF BALLOT.

 

The notice of the next general election of county officers must specify that the question of forming the new county, or changing the boundaries of existing counties, as the case may be, will be voted upon at the election, and must state substantially the facts in the petition.  If the proposition is for a change of boundaries, the ballots shall include the words:  "For changing county boundaries.  Yes.  No." the form of the question shall be substantially in the following form:  "Shall the county boundaries be changed as described in the proclamation issued on (date)?" If the proposition is for the establishment of a new county, the words:  "For a new county.  Yes.  No." Each of the last two words, "yes" and "no," shall be followed by a square in which the voter may make a cross to indicate a choice.  the form of the question shall be substantially in the following form:  "Shall a new county be established as described in the proclamation issued on (date)?"

 

Sec. 28.  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. 29.  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


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10681

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.

 

Sec. 30.  DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL DISTRICT NO. 6, SOUTH ST. PAUL.

 

Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any special law applicable to the district, 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.

 

Sec. 31.  REPEALER.

 

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

 

Sec. 32.  EFFECTIVE DATE.

 

Except where otherwise provided, this act is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to elections; modifying provisions related to election administration; making changes to election provisions related to voting, voter registration, absentee ballots, ballots, soil and water conservation districts, candidates, municipal elections, school district elections, the recall of elected officials, and other election-related provisions; making technical and clarifying changes; providing for dissolution of certain election districts; amending Minnesota Statutes 2012, sections 201.061, subdivision 8, as added; 201.081, as amended; 201.091, subdivision 2; 201.13, subdivision 4; 203B.04, subdivision 7, as added; 203B.12, subdivision 7, by adding a subdivision; 203B.17, subdivision 3, as amended; 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; 370.05; 375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections 5B.06; 103C.311, subdivision 2; 201.061, subdivision 3; 203B.04, subdivision 1, as amended; 204B.46; 205A.05, subdivision 1; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C; repealing Minnesota Statutes 2012, section 201.016, subdivision 2."


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We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Katie Sieben, John A. Hoffman and Scott J. Newman.

 

House Conferees:  Connie Bernardy, Ryan Winkler and Tim Sanders.

 

 

      Bernardy moved that the report of the Conference Committee on S. F. No. 2390 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

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 by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

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 repassed, as amended by Conference, and its title agreed to.


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Mr. Speaker:

 

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

 

S. F. No. 2736.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON 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.

 

May 6, 2014

The Honorable Sandra L. Pappas

President of the Senate

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2736 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2736 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

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

 

Subd. 5a.  Domestic abuse victims; electronic monitoring; pilot project.  (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.

 

(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;


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10684

(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 offender 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.

 

(d) A violation of a location restriction by an offender in a situation involving a victim and offender who are both mobile does not automatically constitute a violation of the conditions of the offender's stayed sentence.

 

EFFECTIVE DATE; SUNSET.  (a) This section is effective the day following final enactment.

 

(b) The amendments to this section expire on August 1, 2017.

 

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

 

Subd. 2a.  Electronic monitoring; condition of pretrial release; pilot project.  (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.

 

(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


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10685

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, accessibility, and implications to the defendants and victims;

 

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

 

(6) require that in situations involving a victim and defendant who are both mobile, the monitoring entity, and not the victim, determines if a material violation may have occurred and how to respond.

 

(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.

 

(d) A violation of a location restriction by a defendant in a situation involving a victim and defendant who are both mobile does not automatically constitute a violation of the conditions of the defendant's release.

 

EFFECTIVE DATE; SUNSET.  (a) This section is effective retroactively from January 15, 2014.

 

(b) The amendments to this section expire on August 1, 2017.

 

Sec. 3.  REPORT REQUIRED.

 

(a) The district court administrator of a judicial district participating in a pilot project authorized by this act shall report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice policy on the district's pilot project one year after the date of implementation.  For purposes of this paragraph, implementation begins on the date the first defendant is placed on electronic monitoring under the pilot project.

 

(b) Notwithstanding paragraph (a), the Second Judicial District court administrator shall submit an interim report by January 15, 2015, and a final report by January 15, 2017, to the legislators described in paragraph (a), if the Second Judicial District participates in the pilot project authorized by this act.

 

Sec. 4.  REPEALER.

 

Minnesota Statutes 2012, section 609.02, subdivision 14, is repealed.

 

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


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10686

Delete the title and insert:

 

"A bill for an act relating to public safety; authorizing counties to establish pilot projects to use GPS to monitor domestic abuse offenders; requiring reports; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes 2012, section 609.02, subdivision 14."

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Susan Kent, Barb Goodwin and Julie A. Rosen.

 

House Conferees:  Clark Johnson, Debra Hilstrom and Marion O'Neill.

 

 

      Johnson, C., moved that the report of the Conference Committee on S. F. No. 2736 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

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 by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

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 repassed, as amended by Conference, and its title agreed to.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10687

Mr. Speaker:

 

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

 

S. F. No. 2782.

 

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

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. No. 2782

 

A bill for an act relating to campaign finance; modifying certain contribution limits; requiring certain reports to be made available online; amending Minnesota Statutes 2012, sections 211A.02, by adding a subdivision; 211A.12.

 

May 9, 2014

The Honorable Sandra L. Pappas

President of the Senate

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 2782 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendments and that S. F. No. 2782 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 211A.02, is amended by adding a subdivision to read:

 

Subd. 6.  Online accessibility; reports.  (a) The filing officer of a local government shall make all reports required to be filed with the local government under this section available on the local government's Web site, if the local government maintains a Web site.  The filing officer must post the reports on the local government's Web site as soon as possible, but no later than 30 days after receipt of the report.  The local government must make the reports available on the local government's Web site for four years from the date the report was posted to the Web site.

 

(b) The filing officer shall provide the Campaign Finance and Public Disclosure Board with the link to the section of the Web site where reports are made available pursuant to paragraph (a).  The Campaign Finance and Public Disclosure Board shall publish on its Web site each link that a filing officer provides pursuant to this paragraph.

 

(c) This subdivision does not apply to a statutory or home rule charter city or town if the statutory or home rule charter city or town has fewer than 400 registered voters as of January 1 of the year in which the election is to be held.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to reports filed on or after that date.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10688

Sec. 2.  Minnesota Statutes 2012, section 211A.12, is amended to read:

 

211A.12 CONTRIBUTION LIMITS.

 

A candidate or a candidate's committee may not accept aggregate contributions made or delivered by an individual or committee in excess of $300 $600 in an election year for the office sought and $100 $250 in other years; except that a candidate or a candidate's committee for an office whose territory has a population over 100,000 may not accept aggregate contributions made or delivered by an individual or committee in excess of $500 $1,000 in an election year for the office sought and $100 $250 in other years.

 

The following deliveries are not subject to the bundling limitation in this section:

 

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

 

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

 

Notwithstanding sections 211A.02, subdivision 3, and 410.21, this section supersedes any home rule charter.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to elections held on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to campaign finance; modifying certain contribution limits; requiring certain reports to be made available online; amending Minnesota Statutes 2012, sections 211A.02, by adding a subdivision; 211A.12."

 

 

We request the adoption of this report and repassage of the bill.

 

Senate Conferees:  Ann H. Rest, Mary Kiffmeyer and Jeff Hayden.

 

House Conferees:  Ryan Winkler, Connie Bernardy and Tim O'Driscoll.

 

 

      Winkler moved that the report of the Conference Committee on S. F. No. 2782 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

S. F. No. 2782, A bill for an act relating to campaign finance; modifying certain contribution limits; requiring certain reports to be made available online; amending Minnesota Statutes 2012, sections 211A.02, by adding a subdivision; 211A.12.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 121 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Brynaert

Carlson

Clark

Cornish

Daudt

Davids


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10689

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hausman

Hertaus

Hilstrom

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

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


 

      Those who voted in the negative were:

 


Atkins

Bly

Falk

FitzSimmons

Hackbarth

Hansen

Holberg

Hoppe

Johnson, C.

Leidiger


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

Mr. Speaker:

 

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

 

      S. F. Nos. 1360 and 2438.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1360, A bill for an act relating to crime; extending the felony of fraudulent or other improper financing statements to include retaliation against a police officer, chief of police, or official or employee of the Department of Corrections or local correctional agency for performing official duties; amending Minnesota Statutes 2012, section 609.7475, subdivision 3.

 

The bill was read for the first time.

 

Cornish moved that S. F. No. 1360 and H. F. No. 1585, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2438, A bill for an act relating to labor and industry; making housekeeping changes to the Office of Combative Sports and Construction Codes and Licensing Division; removing obsolete, redundant, and unnecessary laws and rules; making conforming changes; amending Minnesota Statutes 2012, sections 181.171, subdivision 1;


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10690

182.6553, subdivisions 1, 2; 184.21, subdivision 4; 184.24, subdivision 1; 184.41; 326B.092, subdivisions 3, 7; 326B.094, subdivisions 2, 3; 326B.106, subdivisions 4, 7; 326B.109, subdivision 2; 326B.135, subdivision 4; 326B.139; 326B.194; 326B.37, subdivision 11; 326B.46, subdivision 1b; 326B.811, subdivision 1; 326B.84; 326B.978, by adding a subdivision; 326B.99, subdivision 2; 341.21, subdivisions 2a, 4, 4f, 7, by adding a subdivision; 341.28, subdivision 3; 341.30, subdivisions 1, 2; 341.32, subdivision 1; 341.33; Minnesota Statutes 2013 Supplement, sections 177.27, subdivision 4; 326B.184, subdivision 2; 326B.49, subdivision 3; 341.29; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08; 175.14; 175.26; 181.12; 181.9435, subdivision 2; 184.22, subdivision 1; 184.25; 184.26; 184.27; 184.28; 184.29; 184.30, subdivision 1; 184.32; 184.33; 184.34; 184.35; 184.36; 184.38, subdivisions 2, 16, 17; 184.40; 326B.091, subdivision 6; 326B.106, subdivision 10; 326B.169; 326B.181; 471.465; 471.466; 471.467; 471.468; 609B.137; Minnesota Rules, parts 5200.0510; 5200.0520; 5200.0530; 5200.0540; 5200.0550; 5200.0560; 5200.0570; 5200.0750; 5200.0760.

 

The bill was read for the first time.

 

Mahoney moved that S. F. No. 2438 and H. F. No. 2947, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 3368, A resolution memorializing the President and Congress concerning the detention and torture of the Somali people in Kenya.

 

 

      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 116 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Persell

Petersburg

Pugh

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10691

         S. F. No. 2546, A bill for an act relating to public safety; modifying and clarifying predatory offender registration requirements; clarifying sentence for crime of criminal sexual conduct in the third degree; amending Minnesota Statutes 2012, section 609.344, subdivisions 1, 2; Minnesota Statutes 2013 Supplement, section 243.166, subdivisions 1b, 3a, 4, 6.

 

 

      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 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 155, A bill for an act relating to notaries public; increasing maximum fees permitted to be charged by notaries public; providing specifications for notarial stamps; amending Minnesota Statutes 2012, sections 357.17; 358.15; 359.03, subdivision 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 84 yeas and 45 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anzelc

Atkins

Beard

Benson, J.

Benson, M.

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10692

Falk

Faust

Fischer

FitzSimmons

Freiberg

Fritz

Gunther

Halverson

Hamilton

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kieffer

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Murphy, E.

Nelson

Newton

Norton

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Radinovich

Rosenthal

Runbeck

Savick

Sawatzky

Schoen

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Bernardy

Bly

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Fabian

Franson

Garofalo

Green

Gruenhagen

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kiel

Kresha

Loon

Mack

Morgan

Mullery

Murphy, M.

Myhra

Nornes

O'Driscoll

Peppin

Quam

Sanders

Schomacker

Swedzinski

Theis

Torkelson

Uglem

Wills

Woodard

Zellers

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2989, A bill for an act relating to business organizations; regulating certain filings, recordings, and registrations with the secretary of state; amending Minnesota Statutes 2012, sections 49.215, subdivision 3; 321.0810; 323A.0903; 336A.01, subdivision 16; 336A.08, subdivision 4; 336A.11; 336A.13; repealing Minnesota Statutes 2012, sections 336A.031; 336A.08, subdivision 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 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10693

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      Persell moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Hortman.

 

 

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

 

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:

 

S. F. No. 2470, A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

The Senate respectfully requests that a Conference Committee be appointed thereon.  The Senate has appointed as such committee:

 

Senators Dibble; Lourey and Petersen, B.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 103rd Day - Tuesday, May 13, 2014 - Top of Page 10694

         Metsa moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2470.  The motion prevailed.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2470:

 

      Melin; Murphy, E., and Hamilton.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, May 15, 2014 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 2255, 2099, 17 and 1770; H. F. Nos. 1068 and 2490; and S. F. No. 2887.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hausman moved that the name of Moran be added as an author on H. F. No. 2491.  The motion prevailed.

 

      Hansen moved that the name of Slocum be added as an author on H. F. No. 3381.  The motion prevailed.

 

 

ADJOURNMENT

 

      Daudt moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, May 14, 2014.  The motion prevailed.

 

      Daudt moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Hortman declared the House stands adjourned until 10:00 a.m., Wednesday, May 14, 2014.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives