STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
SIXTY-FIFTH DAY
Saint Paul, Minnesota, Saturday, May 21, 2005
The House of Representatives convened at 9:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
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:
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Abeler was excused until 10:05 a.m. Dorman was excused until 10:55 a.m. Severson was excused until 12:30 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Meslow moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 232 and H. F. No. 615,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Klinzing moved that the rules be so far suspended that
S. F. No. 232 be substituted for H. F. No. 615
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 953 and H. F. No. 995,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Erhardt moved that the rules be so far suspended that
S. F. No. 953 be substituted for H. F. No. 995
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1204 and
H. F. No. 1161, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Huntley moved that the rules be so far suspended that
S. F. No. 1204 be substituted for H. F. No. 1161
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1604 and
H. F. No. 1730, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Beard moved that S. F. No. 1604 be substituted
for H. F. No. 1730 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1772 and
H. F. No. 1937, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
McNamara moved that the rules be so far suspended that
S. F. No. 1772 be substituted for H. F. No. 1937
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS
OF STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2243, A bill for an act relating to state government;
creating the Office of Technology as a state agency; assigning duties;
providing for a chief information officer; appropriating money; amending
Minnesota Statutes 2004, sections 15.06, subdivision 1; 16B.04, subdivision 2;
16B.48, subdivisions 4, 5; 16E.01, subdivisions 1, 3; 16E.02; 16E.03,
subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055; 16E.07,
subdivision 8; 43A.08, subdivision 1a; 204B.14, subdivision 5; 299C.65,
subdivisions 1, 2; 403.36, subdivision 1; 414.01, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 16E; 414;
repealing Minnesota Statutes 2004, sections 16B.48, subdivision 3; 16E.0465,
subdivision 3.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 10A.01, subdivision 35, is amended to
read:
Subd. 35. [PUBLIC
OFFICIAL.] "Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the
senate, legislative auditor, chief clerk of the house, revisor of statutes, or
researcher, legislative analyst, or attorney in the Office of Senate Counsel
and Research or House Research;
(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special
assistant attorney general;
(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in section 15.01 or
15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has either the power
to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested
cases or appeals under chapter 14;
(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate
contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the
State Office of Administrative Hearings or referee in the Department of
Employment and Economic Development;
(12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling
Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education
Facilities Authority;
(16) member of the board of directors or president of Minnesota
Technology, Inc.; or
(17) member of the board of directors or executive director of
the Minnesota State High School League.
Sec. 2. Minnesota
Statutes 2004, section 15.06, is amended by adding a subdivision to read:
Subd. 1a.
[APPLICATION TO OFFICE OF ENTERPRISE TECHNOLOGY.] For the purposes of
this section, references to "commissioner" include the chief
information officer of the Office of Enterprise Technology.
Sec. 3. Minnesota
Statutes 2004, section 16B.04, subdivision 2, is amended to read:
Subd. 2. [POWERS AND
DUTIES, GENERAL.] Subject to other provisions of this chapter, the commissioner
is authorized to:
(1) supervise, control, review, and approve all state contracts
and purchasing;
(2) provide agencies with supplies and equipment and operate
all central store or supply rooms serving more than one agency;
(3) approve all computer plans and contracts, and oversee
the state's data processing system;
(4) investigate and study the management and
organization of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;
(5) (4) manage and control state property, real
and personal;
(6) (5) maintain and operate all state buildings,
as described in section 16B.24, subdivision 1;
(7) (6) supervise, control, review, and approve
all capital improvements to state buildings and the capitol building and
grounds;
(8) (7) provide central duplicating, printing,
and mail facilities;
(9) (8) oversee publication of official documents
and provide for their sale;
(10) (9) manage and operate parking facilities
for state employees and a central motor pool for travel on state business;
(11) (10) establish and administer a State
Building Code; and
(12) (11) provide rental space within the
capitol complex for a private day care center for children of state
employees. The commissioner shall
contract for services as provided in this chapter. The commissioner shall report back to the legislature by October
1, 1984, with the recommendation to implement the private day care operation.
Sec. 4. Minnesota
Statutes 2004, section 16B.48, subdivision 4, is amended to read:
Subd. 4.
[REIMBURSEMENTS.] Except as specifically provided otherwise by law, each
agency shall reimburse intertechnologies and the general services
revolving funds for the cost of all services, supplies, materials, labor, and
depreciation of equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency. The cost of all publications or other
materials produced by the commissioner and financed from the general services
revolving fund must include reasonable overhead costs. The commissioner of administration shall
report the rates to be charged for each the general services
revolving fund funds no later than July 1 each year to the chair
of the committee or division in the senate and house of representatives with
primary jurisdiction over the budget of the Department of Administration. The commissioner of finance shall make
appropriate transfers to the revolving funds described in this section when
requested by the commissioner of administration. The commissioner of administration may make allotments,
encumbrances, and, with the approval of the commissioner of finance,
disbursements in anticipation of such transfers. In addition, the commissioner of administration, with the
approval of the commissioner of finance, may require an agency to make advance
payments to the revolving funds in this section sufficient to cover the
agency's estimated obligation for a period of at least 60 days. All reimbursements and other money received
by the commissioner of administration under this section must be deposited in
the appropriate revolving fund. Any
earnings remaining in the fund established to account for the documents service
prescribed by section 16B.51 at the end of each fiscal year not otherwise
needed for present or future operations, as determined by the commissioners of
administration and finance, must be transferred to the general fund.
Sec. 5. Minnesota
Statutes 2004, section 16B.48, subdivision 5, is amended to read:
Subd. 5. [LIQUIDATION.]
If the intertechnologies or general services revolving fund is funds
are abolished or liquidated, the total net profit from the operation of each
fund must be distributed to the various funds from which purchases were
made. The amount to be distributed to
each fund must bear to the net profit the same ratio as the total purchases
from each fund bears to the total purchases from all the funds during the same
period of time.
Sec. 6. Minnesota
Statutes 2004, section 16E.01, subdivision 1, is amended to read:
Subdivision 1. [PURPOSE
CREATION; CHIEF INFORMATION OFFICER.] The Office of Enterprise
Technology, referred to in this chapter as the "office," is under
the supervision of the commissioner of administration an agency in the
executive branch headed by the state chief information officer. The appointment of the chief information
officer is subject to the advice and consent of the senate under section 15.066.
Subd. 1a.
[RESPONSIBILITIES.] The office shall provide oversight,
leadership, and direction for information and communications telecommunications
technology policy and the management, delivery, and security of information
and telecommunications technology systems and services in Minnesota. The office shall coordinate manage
strategic investments in information and communications telecommunications
technology systems and services to encourage the development of a
technically literate society and, to ensure sufficient access to
and efficient delivery of government services, and to maximize benefits for
the state government as an enterprise.
Sec. 7. Minnesota
Statutes 2004, section 16E.01, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a)
The office shall:
(1) coordinate manage the efficient and effective
use of available federal, state, local, and private public-private
resources to develop statewide information and communications telecommunications
technology systems and services and its infrastructure;
(2) review approve state agency and
intergovernmental information and communications telecommunications
technology systems and services development efforts involving state
or intergovernmental funding, including federal funding, provide information to
the legislature regarding projects reviewed, and recommend projects for
inclusion in the governor's budget under section 16A.11;
(3) encourage ensure cooperation and
collaboration among state and local governments in developing intergovernmental
communication and information and telecommunications technology
systems and services, and define the structure and responsibilities of the
Information Policy Council a representative governance structure;
(4) cooperate and collaborate with the legislative and judicial
branches in the development of information and communications systems in those
branches;
(5) continue the development of North Star, the state's
official comprehensive on-line service and information initiative;
(6) promote and collaborate with the state's agencies in the
state's transition to an effectively competitive telecommunications market;
(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in developing technical
literacy and obtaining access to ongoing learning resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect Minnesota's
citizens and communities to each other, to their governments, and to the world;
(9) promote and coordinate electronic commerce initiatives to
ensure that Minnesota businesses and citizens can successfully compete in the
global economy;
(10) manage and promote and coordinate the
regular and periodic reinvestment in the core information communications
and telecommunications technology systems and services
infrastructure so that state and local government agencies can effectively and
efficiently serve their customers;
(11) facilitate the cooperative development of and ensure
compliance with standards and policies for information and
telecommunications technology systems and services, electronic data
practices and privacy, and electronic commerce among international, national,
state, and local public and private organizations; and
(12) work with others to avoid eliminate
unnecessary duplication of existing information and telecommunications
technology systems and services provided by other public and private
organizations while building on the existing governmental, educational,
business, health care, and economic development infrastructures;
(13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and ongoing operations;
and
(14) ensure overall security of the state's information
and technology systems and services.
(b) The commissioner of administration chief
information officer in consultation with the commissioner of finance may
must determine that when it is cost-effective for agencies
to develop and use shared information and communications telecommunications
technology systems and services for the delivery of electronic
government services. This
determination may be made if an agency proposes a new system that duplicates an
existing system, a system in development, or a system being proposed by another
agency. The commissioner of
administration chief information officer may require agencies to use
shared information and telecommunications technology systems and services. The chief information officer shall
establish reimbursement rates in cooperation with the commissioner of finance
to be billed to agencies and other governmental entities sufficient to cover
the actual development, operating, maintenance, and administrative costs of the
shared systems. The methodology for
billing may include the use of interagency agreements, or other means as
allowed by law.
Sec. 8. Minnesota
Statutes 2004, section 16E.02, is amended to read:
16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY; STRUCTURE
AND PERSONNEL.]
Subdivision 1. [OFFICE
MANAGEMENT AND STRUCTURE.] (a) The commissioner of administration
chief information officer is appointed by the governor. The chief information officer serves in the
unclassified service at the pleasure of the governor. The chief information officer must have experience leading
enterprise-level information technology organizations. The chief information officer is the
state's chief information officer and information and telecommunications
technology advisor to the governor.
(b) The chief information officer may appoint other
employees of the office. The staff
of the office must include individuals knowledgeable in information and communications
telecommunications technology systems and services and individuals
with specialized training in information security.
Subd. 1a.
[ACCOUNTABILITY.] The chief information officer reports to the
governor. The chief information officer
must consult regularly with the commissioner of administration, finance, human
services, revenue, and other commissioners designated by the governor, on
technology projects, standards, and services as well as management of resources
and staff utilization.
Subd. 2.
[INTERGOVERNMENTAL PARTICIPATION.] The commissioner of administration
chief information officer or the commissioner's chief
information officer's designee shall serve as a member of the Minnesota
Education Telecommunications Council, the Geographic Information Systems
Council, and the Library Planning Task Force, or their
respective successor organizations, and as a nonvoting member of Minnesota
Technology, Inc. and the Minnesota Health Data Institute as a nonvoting
member.
Subd. 3.
[ADMINISTRATIVE SUPPORT.] The commissioner of administration must
provide office space and administrative support services to the office. The office must reimburse the commissioner
for these services.
Sec. 9. Minnesota
Statutes 2004, section 16E.03, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of sections 16E.03 to 16E.05 chapter
16E, the following terms have the meanings given them.
(a) "Information and telecommunications technology
systems and services" means all computing and telecommunications hardware
and software, the activities undertaken to secure that hardware and software,
and the activities undertaken to acquire, transport, process, analyze, store,
and disseminate information electronically.
"Information and telecommunications technology systems and
services" includes all proposed expenditures for computing and
telecommunications hardware and software, security for that hardware and
software, and related consulting or other professional services.
(a) (b) "Information and communications
telecommunications technology project" means the development or
acquisition of information and communications technology devices and systems,
but does not include the state information infrastructure or its contractors.
(b) "Data processing device or system" means
equipment or computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with the processing
of information through electronic data processing means, and includes data
communication devices used in connection with computer facilities for the
transmission of data. an effort to acquire or produce information and
telecommunications technology systems and services.
(c) "Telecommunications" means voice, video, and
data electronic transmissions transported by wire, wireless, fiber-optic,
radio, or other available transport technology.
(d) "Cyber security" means the protection of data
and systems in networks connected to the Internet.
(c) (e) "State agency" means an agency
in the executive branch of state government and includes the Minnesota Higher
Education Services Office, but does not include the Minnesota State Colleges
and Universities unless specifically provided elsewhere in this chapter.
Sec. 10. Minnesota
Statutes 2004, section 16E.03, subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S
CHIEF INFORMATION OFFICER RESPONSIBILITY.] The commissioner chief
information officer shall coordinate the state's information and communications
telecommunications technology systems and services to serve the
needs of the state government. The commissioner
chief information officer shall:
(1) coordinate the design of a master plan for
information and communications telecommunications technology
systems and services in the state and its political subdivisions and
shall report on the plan to the governor and legislature at the beginning of
each regular session;
(2) coordinate, review, and approve all information and communications
telecommunications technology plans and contracts projects
and oversee the state's information and communications telecommunications
technology systems and services;
(3) establish and enforce compliance with standards for
information and communications telecommunications technology
systems and services that encourage competition are cost-effective
and support open systems environments and that are compatible with state,
national, and international standards; and
(4) maintain a library of systems and programs developed by the
state and its political subdivisions for use by agencies of government;
(5) direct and manage the shared operations of the state's
information and telecommunications technology systems and services; and
(6) establish and enforce standards and ensure acquisition
of hardware and software necessary to protect data and systems in state agency
networks connected to the Internet.
Sec. 11. Minnesota Statutes 2004, section 16E.03, subdivision 3, is
amended to read:
Subd. 3. [EVALUATION
AND APPROVAL.] A state agency may not undertake an information and communications
telecommunications technology project until it has been evaluated
according to the procedures developed under subdivision 4. The governor or governor's designee chief
information officer shall give written approval of the proposed
project. If the proposed project is
not approved When notified by the chief information officer that a
project has not been approved, the commissioner of finance shall cancel the
unencumbered balance of any appropriation allotted for the project. This subdivision does not apply to
acquisitions or development of information and communications systems that have
anticipated total cost of less than $100,000.
The Minnesota State Colleges and Universities shall submit for approval
any project related to acquisitions or development of information and
communications systems that has a total anticipated cost of more than $250,000.
Sec. 12. Minnesota
Statutes 2004, section 16E.03, subdivision 7, is amended to read:
Subd. 7. [DATA CYBER
SECURITY SYSTEMS.] In consultation with the attorney general and appropriate
agency heads, the commissioner chief information officer shall
develop data cyber security policies, guidelines, and standards,
and the commissioner of administration shall install and administer
state data security systems on the state's centralized computer facility
facilities consistent with these policies, guidelines, standards, and
state law to ensure the integrity of computer-based and other data and to
ensure applicable limitations on access to data, consistent with the public's
right to know as defined in chapter 13.
The chief information officer is responsible for overall security of
state agency networks connected to the Internet. Each department or agency head is responsible for the security of
the department's or agency's data within the guidelines of established
enterprise policy.
Sec. 13. Minnesota
Statutes 2004, section 16E.04, is amended to read:
16E.04 [INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS
TECHNOLOGY POLICY.]
Subdivision 1.
[DEVELOPMENT.] The office shall coordinate with state agencies in
developing and establishing develop, establish, and enforce policies
and standards for state agencies to follow in developing and purchasing
information and communications telecommunications technology
systems and services and training appropriate persons in their use. The office shall develop, promote, and coordinate
manage state technology, architecture, standards and guidelines,
information needs analysis techniques, contracts for the purchase of equipment
and services, and training of state agency personnel on these issues.
Subd. 2.
[RESPONSIBILITIES.] (a) In addition to other activities prescribed by
law, the office shall carry out the duties set out in this subdivision.
(b) The office shall develop and establish a state information
architecture to ensure that further state agency development and
purchase of information and communications systems, equipment, and services is
designed to ensure that individual agency information systems complement and do
not needlessly duplicate or conflict with the systems of other agencies. When state agencies have need for the same
or similar public data, the commissioner chief information officer,
in coordination with the affected agencies, shall promote manage
the most efficient and cost-effective method of producing and storing data for
or sharing data between those agencies.
The development of this information architecture must include the
establishment of standards and guidelines to be followed by state
agencies. The office shall ensure
compliance with the architecture.
(c) The office shall assist state agencies in the planning and
management of information systems so that an individual information system
reflects and supports the state agency's mission and the state's requirements
and functions. The office shall
review and approve agency technology plans to ensure consistency with
enterprise information and telecommunications technology strategy.
(d) The office shall review and
approve agency requests for legislative appropriations funding
for the development or purchase of information systems equipment or software before
the requests may be included in the governor's budget.
(e) The office shall review major purchases of information
systems equipment to:
(1) ensure that the equipment follows the standards and
guidelines of the state information architecture;
(2) ensure that the equipment is consistent with the
information management principles adopted by the Information Policy Council;
(3) evaluate whether the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing; and
(4) (3) ensure that the equipment is consistent
with other systems in other state agencies so that data can be shared among
agencies, unless the office determines that the agency purchasing the equipment
has special needs justifying the inconsistency.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance to ensure
that these systems are operated efficiently and securely and continually
meet the standards and guidelines established by the office. The standards and guidelines must emphasize
uniformity that is cost-effective for the enterprise, that encourages
information interchange, open systems environments, and portability of
information whenever practicable and consistent with an agency's authority and
chapter 13.
(g) The office shall conduct a comprehensive review at least
every three years of the information systems investments that have been made by
state agencies and higher education institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by
an outside source. The office must
report the results of its review to the legislature and the governor.
Subd. 3. [RISK
ASSESSMENT AND MITIGATION.] (a) A risk assessment and risk mitigation plan are
required for an all information systems development project
estimated to cost more than $1,000,000 that is projects undertaken
by a state agency in the executive or judicial branch or by a constitutional
officer. The commissioner of
administration chief information officer must contract with an
entity outside of state government to conduct the initial assessment and
prepare the mitigation plan for a project estimated to cost more than
$5,000,000. The outside entity
conducting the risk assessment and preparing the mitigation plan must not have
any other direct or indirect financial interest in the project. The risk assessment and risk mitigation plan
must provide for periodic monitoring by the commissioner until the project is
completed.
(b) The risk assessment and risk mitigation plan must be paid
for with money appropriated for the information systems development and
telecommunications technology project.
The chief information officer must notify the commissioner of finance
when work has begun on a project and must identify the proposed budget for the
project. The commissioner of finance
shall ensure that no more than ten percent of the amount anticipated to
proposed budget be spent on the project, other than the money spent on
the risk assessment and risk mitigation plan, may be is spent
until the risk assessment and mitigation plan are reported to the commissioner
of administration chief information officer and the commissioner
chief information officer has approved the risk mitigation plan.
Sec. 14. Minnesota Statutes 2004, section 16E.0465, subdivision 1, is
amended to read:
Subdivision 1.
[APPLICATION.] This section applies to an appropriation of more than
$1,000,000 of state or federal funds to a state agency for any information and communications
telecommunications technology project or data processing device or
system or for any phase of such a project, device, or system. For purposes of this section, an
appropriation of state or federal funds to a state agency includes an
appropriation:
(1) to the Minnesota State Colleges and Universities;
(2) to a constitutional officer;
(3) (2) for a project that includes both a state
agency and units of local government; and
(4) (3) to a state agency for grants to be made
to other entities.
Sec. 15. Minnesota
Statutes 2004, section 16E.0465, subdivision 2, is amended to read:
Subd. 2. [REQUIRED
REVIEW AND APPROVAL.] (a) A state agency receiving an appropriation for an
information and communications telecommunications technology
project or data processing device or system subject to this section must
divide the project into phases.
(b) The commissioner of finance may not authorize the
encumbrance or expenditure of an appropriation of state funds to a state agency
for any phase of a project, device, or system subject to this section unless
the Office of Enterprise Technology has reviewed each phase of the
project, device, or system, and based on this review, the commissioner of
administration chief information officer has determined for each
phase that:
(1) the project is compatible with the state information architecture
and other policies and standards established by the commissioner of
administration chief information officer; and
(2) the agency is able to accomplish the goals of the phase of
the project with the funds appropriated; and
(3) the project supports the enterprise information
technology strategy.
Sec. 16. Minnesota
Statutes 2004, section 16E.055, is amended to read:
16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT
SERVICES.]
A state agency that implements electronic government services
for fees, licenses, sales, or other purposes must use a common Web page
format approved by the commissioner of administration for those electronic
government services. The commissioner
may create a the single entry site created by the chief
information officer for all agencies to use for electronic government
services.
Sec. 17. Minnesota
Statutes 2004, section 16E.07, subdivision 8, is amended to read:
Subd. 8. [SECURE
TRANSACTION SYSTEM.] The office shall plan and develop a secure transaction system
to support delivery of government services electronically. A state agency that implements electronic
government services for fees, licenses, sales, or other purposes must use the
secure transaction system developed in accordance with this section.
Sec. 18. [16E.14] [ENTERPRISE TECHNOLOGY REVOLVING FUND.]
Subdivision 1.
[CREATION.] The enterprise technology revolving fund is created in
the state treasury.
Subd. 2.
[APPROPRIATION AND USES OF FUND.] Money in the enterprise technology
revolving fund is appropriated annually to the chief information officer to
operate information and telecommunications services, including management,
consultation, and design services.
Subd. 3.
[REIMBURSEMENTS.] Except as specifically provided otherwise by law,
each agency shall reimburse the enterprise technology revolving fund for the
cost of all services, supplies, materials, labor, and depreciation of
equipment, including reasonable overhead costs, which the chief information
officer is authorized and directed to furnish an agency. The chief information officer shall report
the rates to be charged for the revolving fund no later than July 1 each year
to the chair of the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the Office of
Enterprise Technology.
Subd. 4. [CASH
FLOW.] The commissioner of finance shall make appropriate transfers to the
revolving fund when requested by the chief information officer. The chief information officer may make allotments
and encumbrances in anticipation of such transfers. In addition, the chief information officer, with the approval of
the commissioner of finance, may require an agency to make advance payments to
the revolving fund sufficient to cover the office's estimated obligation for a
period of at least 60 days. All
reimbursements and other money received by the chief information officer under
this section must be deposited in the enterprise technology revolving fund.
Subd. 5.
[LIQUIDATION.] If the enterprise technology revolving fund is
abolished or liquidated, the total net profit from the operation of the fund
must be distributed to the various funds from which purchases were made. The amount to be distributed to each fund
must bear to the net profit the same ratio as the total purchases from each
fund bears to the total purchases from all the funds during the same period of
time.
Sec. 19. Minnesota
Statutes 2004, section 299C.65, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP, DUTIES.] (a) The Criminal and Juvenile Justice Information
Policy Group consists of the commissioner of corrections, the commissioner of
public safety, the commissioner of administration state chief
information officer, the commissioner of finance, and four members of the
judicial branch appointed by the chief justice of the Supreme Court. The policy group may appoint additional,
nonvoting members as necessary from time to time.
(b) The commissioner of public safety is designated as the
chair of the policy group. The
commissioner and the policy group have overall responsibility for the
successful completion of statewide criminal justice information system
integration (CriMNet). The policy group
may hire a program manager to manage the CriMNet projects and to be responsible
for the day-to-day operations of CriMNet.
The policy group must ensure that generally accepted project management
techniques are utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be acquired using
an appropriate procurement process, which includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of
potential sources;
(3) competitive bid solicitation, evaluation, and selection;
and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to
the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a community data model
for state, county, and local criminal justice information;
(2) the responsibilities of each entity within the criminal and
juvenile justice systems concerning the collection, maintenance, dissemination,
and sharing of criminal justice information with one another;
(3) actions necessary to ensure that information maintained in
the criminal justice information systems is accurate and up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and felony-level
juvenile offenders that is part of the integrated criminal justice information
system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests, prosecutions, and
convictions that is part of the integrated criminal justice information system
framework;
(6) comprehensive training programs and requirements for all
individuals in criminal justice agencies to ensure the quality and accuracy of
information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the collection, maintenance,
dissemination, and sharing of criminal justice data;
(8) a periodic audit process to ensure the quality and accuracy
of information contained in the criminal justice information systems;
(9) the equipment, training, and funding needs of the state and
local agencies that participate in the criminal justice information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training, changes in
information systems, and changes in processes;
(12) the collection of data on race and ethnicity in criminal
justice information systems;
(13) the development of a tracking system for domestic abuse
orders for protection;
(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to the privacy
interests of individuals; and
(15) the development of a database for extended jurisdiction
juvenile records and whether the records should be public or private and how
long they should be retained.
Sec. 20. Minnesota
Statutes 2004, section 299C.65, subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK
FORCE.] (a) The policy group shall file an annual report with the governor,
Supreme Court, and chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice funding and
policy by December 1 of each year.
(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure that the
criminal justice information systems operate accurately and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force consisting of its
members or their designees and the following additional members:
(1) the director of the Office of Strategic and Long-Range
Planning;
(2) two sheriffs recommended by the Minnesota Sheriffs
Association;
(3) two police chiefs recommended by the Minnesota Chiefs of
Police Association;
(4) two county attorneys recommended by the Minnesota County
Attorneys Association;
(5) two city attorneys recommended by the Minnesota League of
Cities;
(6) two public defenders appointed by the Board of Public
Defense;
(7) two district judges appointed by the Conference of Chief
Judges, one of whom is currently assigned to the juvenile court;
(8) two community corrections administrators recommended by the
Minnesota Association of Counties, one of whom represents a community
corrections act county;
(9) two probation officers;
(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business community who
have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives appointed by
the speaker of the house;
(13) one member of the senate appointed by the majority
leader;
(14) the attorney general or a designee;
(15) the commissioner of administration state chief
information officer or a designee;
(16) an individual recommended by the Minnesota League of
Cities; and
(17) an individual recommended by the Minnesota Association of
Counties.
In making these
appointments, the appointing authority shall select members with expertise in
integrated data systems or best practices.
(c) The commissioner of public safety may appoint additional, nonvoting
members to the task force as necessary from time to time.
Sec. 21. Minnesota
Statutes 2004, section 403.36, subdivision 1, is amended to read:
Subdivision 1.
[MEMBERSHIP.] (a) The commissioner of public safety shall convene and
chair the Statewide Radio Board to develop a project plan for a statewide,
shared, trunked public safety radio communication system. The system may be referred to as
"Allied Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their
designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the commissioner of administration state chief
information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the commissioner of health;
(7) the commissioner of finance;
(8) two elected city officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governing
body of the League of Minnesota Cities;
(9) two elected county officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governing
body of the Association of Minnesota Counties;
(10) two sheriffs, one from the nine-county metropolitan area
and one from Greater Minnesota, appointed by the governing body of the
Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Chiefs' of Police
Association;
(12) two fire chiefs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governor after
considering recommendations made by the Minnesota Fire Chiefs' Association;
(13) two representatives of emergency medical service
providers, one from the nine-county metropolitan area and one from Greater
Minnesota, appointed by the governor after considering recommendations made by
the Minnesota Ambulance Association;
(14) the chair of the Metropolitan Radio Board; and
(15) a representative of Greater Minnesota elected by those
units of government in phase three and any subsequent phase of development as
defined in the statewide, shared radio and communication plan, who have
submitted a plan to the Statewide Radio Board and where development has been
initiated.
(c) The Statewide Radio Board shall coordinate the appointment
of board members representing Greater Minnesota with the appointing authorities
and may designate the geographic region or regions from which an appointed
board member is selected where necessary to provide representation from
throughout the state.
Sec. 22. [TRANSFER OF
DUTIES.]
Responsibilities of the commissioner of administration for
state telecommunications systems, state information infrastructure, and
electronic conduct of state business under Minnesota Statutes, sections
16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467, are transferred to the
Office of Enterprise Technology. All
positions in the Office of Technology and the Intertechnologies Group are
transferred to the Office of Enterprise Technology. Minnesota Statutes, section 15.039, applies to the transfer of
responsibilities in this section.
Sec. 23. [REVISOR
INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
(1) substitute the term "chief information
officer" for "commissioner" and "commissioner of
administration" in the following sections: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; 16B.467; 16E.03,
subdivisions 4, 5, 6, and 8; 16E.035; and 16E.07, subdivision 4;
(2) substitute the term "Office of Enterprise
Technology" for the term "Office of Technology"; and
(3) recodify the following sections into chapter 16E:
16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
Sec. 24. [REPEALER.]
Minnesota Statutes 2004, sections 16B.48, subdivision 3; and
16E.0465, subdivision 3, are repealed.
Sec. 25. [EFFECTIVE
DATE.]
Sections 1 to 24 are effective July 1, 2005."
Delete the title and insert:
"A bill for an act relating to state government; creating
the Office of Enterprise Technology; providing for a chief information officer;
appropriating money; amending Minnesota Statutes 2004, sections 10A.01,
subdivision 35; 15.06, by adding a subdivision; 16B.04, subdivision 2; 16B.48,
subdivisions 4, 5; 16E.01, subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1,
2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055; 16E.07, subdivision 8;
299C.65, subdivisions 1, 2; 403.36, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 16E; repealing Minnesota Statutes 2004, sections
16B.48, subdivision 3; 16E.0465, subdivision 3."
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
S. F. No. 427, A bill for an act relating to retirement;
various public pension plans; clarifying and revising various plan provisions;
eliminating obsolete provisions; defining final average salary; modifying the
definition of allowable service to include time on strike; permitting judges to
purchase service credit for an authorized leave; requiring specified payments;
clarifying references to actuarial services in determining actuarial
equivalence; defining covered salary to include certain employer contributions
to supplemental retirement plans; specifying itemized detail of plan
administrative expenses in annual financial reporting; excluding police
officers of the University of Minnesota from the public employees police and
fire fund; clarifying collection procedures relating to charter schools; adding
a uniform nonassignment and legal process exemption provision; adding employees
of Bridges Medical Services, Hutchinson Area Health Care, and Northfield
Hospital to privatization coverage; extending date for filing special law
approval with the secretary of state for the RenVilla Nursing Home; requiring
the privatization periodic filing of updated copies of articles of
incorporation and bylaws; modifying a higher education individual retirement
account plan investment option provision; implementing the recommendations of
the Volunteer Firefighter Relief Association working group of the state
auditor; modifying the trigger date for filing financial reports; revising the
per firefighter financing requirements for monthly benefit service pensions;
modifying the options for crediting interest on deferred service pensions;
clarifying the deferred service pension options available to defined
contribution plans; providing for the crediting of service during military
service leaves; requiring the amortization of experience losses; clarifying the
compliance requirements for the qualification for fire state aid; modifying a
limit on mutual fund investments; clarifying corporate stock and
exchange-traded funds investment authority; modifying the municipal
representation requirements on relief association governing boards; clarifying
exemptions from process and taxation; providing that certain laws do not apply
to the consolidation of specified volunteer firefighter relief associations;
providing an ad hoc postretirement adjustment to Eveleth police and fire trust
fund benefit recipients; authorizing the Maplewood Firefighters Relief
Association to transfer assets to the Oakdale Firefighters Relief Association
to cover service credits earned by certain individuals; appropriating money;
amending Minnesota Statutes 2004, sections 3A.01, subdivisions 1, 2, 6, 8, by
adding subdivisions; 3A.011; 3A.02, subdivisions 1, 1b, 3, 4, 5; 3A.03,
subdivisions 1, 2; 3A.04, subdivisions 1, 2, 3, 4, by adding a subdivision;
3A.05; 3A.07; 3A.10, subdivision 1; 3A.12; 3A.13; 43A.17, subdivision 9;
69.011, subdivision 2b, by adding a subdivision; 69.021, subdivisions 5, 11;
69.051, subdivisions 1, 1a; 69.33; 69.771; 69.772, subdivisions 3, 4; 69.773,
subdivisions 4, 5; 69.775; 352.01, subdivisions 2a, 4, 5, 12, 21, 23, by adding
a subdivision; 352.021, subdivisions 1, 2, 3, 4; 352.04, subdivisions 1, 12;
352.041, subdivisions 1, 2, 3, 5; 352.115, subdivisions 2, 3; 352.15,
subdivisions 1, 3, 4; 352.22, subdivision 10; 352.87, subdivision 3; 352.91, by
adding a subdivision; 352.93, subdivision 1; 352B.01, subdivisions 1, 2, 3;
352B.02, subdivision 1e; 352B.071; 352C.021, by adding a subdivision; 352C.091,
subdivision 1; 352C.10; 352D.01; 352D.015, subdivisions 3, 4; 352D.02,
subdivision 1; 352D.03; 352D.05, subdivision 4; 352D.085, subdivision 1;
352D.09, subdivision 5; 352D.12; 353.01, subdivisions 6, 10, 14, 32, 33, by
adding a subdivision; 353.025; 353.026; 353.027; 353.028; 353.14; 353.15,
subdivisions 1, 3; 353.27, subdivision 11; 353.271; 353.28, subdivisions 5, 6;
353.29, subdivision 3; 353.31, subdivision 1c; 353.32, subdivision 9; 353.33,
subdivisions 3, 12; 353.64, by adding a subdivision; 353.651, subdivision 3;
353.656, subdivision 1; 353F.02, subdivision 4; 354.05, subdivision 7, by
adding a subdivision; 354.091; 354.094, subdivision 1; 354.10, subdivisions 1,
3, 4; 354.33, subdivision 5; 354.39; 354.41, subdivision 2; 354.42, by adding a
subdivision; 354.44, subdivisions 2, 6; 354A.011, subdivision 3a, by adding a
subdivision; 354A.021, subdivision 5, by adding a subdivision; 354A.097,
subdivision 1; 354A.31, subdivisions 4, 4a, 5; 354B.21, subdivisions 2, 3;
354B.25, subdivision 2; 355.01, subdivision 3e; 356.20, subdivision 4; 356.215,
subdivision 8; 356.216; 356.24, subdivision 1; 356.47, subdivision 3; 356.551;
356.65, subdivision 2; 356A.06, subdivision 7; 383B.46, subdivision 2; 383B.47;
383B.48; 383B.49; 422A.01, subdivisions 6, 11, by adding a subdivision;
422A.05, subdivision 2c; 422A.06, subdivisions 3, 5, 7, 8; 422A.10,
subdivisions 1, 2; 422A.101, subdivision 3; 422A.15, subdivision 1; 422A.16, subdivision
9; 422A.22, subdivisions 1, 3, 4, 6; 422A.231; 422A.24; 423B.09, subdivision 1;
423B.17; 423C.05, subdivision 2; 423C.09; 424A.02, subdivisions 3, 4, 7;
424A.04, subdivision 1; 424B.10, subdivision 1; 471A.10; 490.121, subdivisions
1, 4, 6, 7, 13, 14, 15, 20, 21, 22, by adding subdivisions; 490.122; 490.123,
subdivisions 1, 1a, 1b, 1c, 2, 3; 490.124, subdivisions 1, 2, 3, 4, 5, 8, 9,
10, 11, 12, 13; 490.125, subdivisions 1, 2; 490.126; 490.133; 525.05; Laws
1999, chapter 222, article 16, section 16, as amended; Laws 2000, chapter 461,
article 4, section 4, as amended; Laws 2004, chapter 267, article 12, section
4; proposing coding for new law in Minnesota Statutes, chapters 352C; 356;
383B; 423C; 424A; proposing coding for new law as Minnesota Statutes, chapter
490A; repealing Minnesota Statutes 2004, sections 3A.01, subdivisions 3, 4, 6a,
7; 3A.02, subdivision 2; 3A.04, subdivision 1a; 3A.09; 352.119, subdivision 1;
352.15, subdivision 1a; 352C.01; 352C.011; 352C.021; 352C.031, subdivision 3;
352C.033; 352C.04; 352C.051; 352C.09; 352C.091, subdivisions 2, 3; 353.15,
subdivision 2; 353.29, subdivision 2; 353.34, subdivision 3b; 353.36,
subdivisions 2, 2a, 2b, 2c; 353.46, subdivision 4; 353.651, subdivision 2;
353.663; 353.74; 353.75; 354.10, subdivision 2; 354.59; 422A.101, subdivision
4; 422A.22, subdivisions 2, 5; 422A.221; 490.021; 490.025; 490.101; 490.102;
490.103; 490.105; 490.106; 490.107; 490.108; 490.109; 490.1091; 490.12;
490.121, subdivisions 2, 3, 5, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20; 490.124,
subdivision 6; 490.132; 490.15; 490.16; 490.18.
Reported the same back with the following amendments to the
unofficial engrossment:
Page 40, after line 24, insert:
"Section 1.
Minnesota Statutes 2004, section 352.01, subdivision 13, is amended to
read:
Subd. 13. [SALARY.] (a)
Subject to the limitations of section 356.611, "salary" means
wages, or other periodic compensation, paid to an employee before deductions
for deferred compensation, supplemental retirement plans, or other voluntary
salary reduction programs.
(b) "Salary" does not include:
(1) lump sum sick leave payments;
(2) severance payments;
(3) lump sum annual leave payments and overtime payments made
at the time of separation from state service;
(4) payments in lieu of any employer-paid group insurance
coverage, including the difference between single and family rates that may be
paid to an employee with single coverage;
(5) payments made as an employer-paid fringe benefit;
(6) workers' compensation payments;
(7) employer contributions to a deferred compensation or tax
sheltered annuity program; and
(8) amounts contributed under a benevolent vacation and sick
leave donation program.
(c) Amounts provided to an employee by
the employer through a grievance proceeding or a legal settlement are salary
only if the settlement is reviewed by the executive director and the amounts
are determined by the executive director to be consistent with paragraph (a)
and prior determinations."
Page 43, after line 18, insert:
"Sec. 7. Minnesota
Statutes 2004, section 352B.01, subdivision 11, is amended to read:
Subd. 11. [AVERAGE
MONTHLY SALARY.] (a) Subject to the limitations of section 356.611,
"average monthly salary" means the average of the highest monthly salaries
for five years of service as a member upon which contributions were deducted
from pay under section 352B.02, or upon which appropriate contributions or
payments were made to the fund to receive allowable service and salary credit
as specified under the applicable law.
Average monthly salary must be based upon all allowable service if this
service is less than five years.
(b) "Average monthly salary" means the salary of the
member as defined in section 352.01, subdivision 13. "Average monthly salary" does not include any lump-sum
annual leave payments and overtime payments made at the time of separation from
state service, any amounts of severance pay, or any reduced salary paid during
the period the person is entitled to workers' compensation benefit payments for
temporary disability.
(c) A member on leave of absence receiving temporary workers'
compensation payments and a reduced salary or no salary from the employer who
is entitled to allowable service credit for the period of absence may make
payment to the fund for the difference between salary received, if any, and the
salary the member would normally receive if not on leave of absence during the
period. The member shall pay an amount
equal to the member and employer contribution rate under section 352B.02,
subdivisions 1b and 1c, on the differential salary amount for the period of the
leave of absence. The employing
department, at its option, may pay the employer amount on behalf of the member. Payment made under this subdivision must include
interest at the rate of 8.5 percent per year, and must be completed within one
year of the return from the leave of absence."
Page 43, line 28, after "(a)" insert "Subject
to the limitations of section 356.611,"
Page 48, after line 12, insert:
"Sec. 15.
Minnesota Statutes 2004, section 353B.02, subdivision 10, is amended to
read:
Subd. 10. [SALARY.] (a)
"Salary" under this chapter is subject to the limitations of
section 356.611.
(b) "Salary" for benefit computation and
contribution purposes means the salary of a first class or first grade
firefighter or patrol officer, whichever applies, for the former members of the
following consolidating relief associations:
(1) Anoka Police Relief Association;
(2) Austin Firefighters Relief Association;
(3) Austin Police Relief Association;
(4) Columbia Heights Fire Department Relief Association, Paid
Division;
(5) Fairmont Police Benefit Association;
(6) Faribault Fire Department Relief Association;
(7) Mankato Fire Department Relief
Association;
(8) Minneapolis Fire Department Relief Association;
(9) Minneapolis Police Relief Association;
(10) Richfield Fire Department Relief Association;
(11) Rochester Fire Department Relief Association;
(12) Rochester Police Relief Association;
(13) St. Cloud Fire Department Relief Association;
(14) St. Cloud Police Relief Association;
(15) St. Paul Fire Department Relief Association;
(16) South St. Paul Firefighters Relief Association;
(17) West St. Paul Firefighters Relief Association;
(18) West St. Paul Police Relief Association; and
(19) Winona Fire Department Relief Association.
(b) (c) "Salary" for benefit
computation purposes means the salary of a first grade patrol officer for the
second month of the previous fiscal year and for contribution purposes means
the current salary of a first grade patrol officer, for the former members of
the following consolidating relief associations:
(1) Bloomington Police Relief Association;
(2) Crystal Police Relief Association;
(3) Fridley Police Pension Association;
(4) Richfield Police Relief Association;
(5) St. Louis Park Police Relief Association; and
(6) Winona Police Relief Association.
(c) (d) "Salary" for benefit
computation purposes means the final salary and for contribution purposes means
the current salary for the former members of the following consolidating relief
associations:
(1) Albert Lea Firefighters Relief Association;
(2) Albert Lea Police Relief Association;
(3) Buhl Police Relief Association;
(4) Chisholm Firefighters Relief
Association;
(5) Crookston Fire Department Relief Association;
(6) Crookston Police Relief Association;
(7) Faribault Police Benefit Association;
(8) Red Wing Police Relief Association; and
(9) Virginia Fire Department Relief Association.
(d) (e) "Salary" for benefit
computation purposes means the average earnings or salary for the final six
months of employment before retirement and for contribution purposes means the
current salary for the former members of the following consolidating relief
associations:
(1) Chisholm Police Relief Association;
(2) Hibbing Firefighters Relief Association; and
(3) Hibbing Police Relief Association.
(e) (f) "Salary" for benefit computation
purposes means the greater of the final salary at retirement or the highest
salary of a patrol officer and for contribution purposes means the greater of
the current salary or the current highest salary of a patrol officer for the
former members of the following consolidating relief associations:
(1) Brainerd Police Benefit Association; and
(2) New Ulm Police Relief Association.
(f) (g) "Salary" for benefit
computation and contribution purposes means the following for the former
members of the consolidating relief associations as indicated:
(1) salary of a top grade patrol officer, including longevity
pay and education incentive pay in an amount not to exceed $235 per month,
Columbia Heights Police Relief Association;
(2) maximum pay of a firefighter, including overtime payments
for a regular workweek of a firefighter mandated by the federal Fair Labor
Standards Act of 1938, as amended, Duluth Firefighters Relief Association;
(3) salary of a first class patrol officer with 16 years of
service, Duluth Police Pension Association;
(4) base salary for the rank currently held, plus longevity
pay, pay for eligibility for next higher rank and pay for first aid care,
Mankato Police Benefit Association;
(5) average annual salary for highest three paid years for
benefit computation purposes and current salary for contribution purposes, Red
Wing Fire Department Relief Association;
(6) pay of the highest grade full-time firefighter, St. Louis
Park Fire Department Relief Association;
(7) maximum monthly pay of a patrol officer, St. Paul Police
Relief Association;
(8) prevailing base pay of rank held at retirement for
benefit computation purposes and current salary for contribution purposes,
South St. Paul Police Relief Association; and
(9) prevailing pay for rank held for at least six months before
retirement for benefit computation purposes and current salary for contribution
purposes, Virginia Police Relief Association."
Page 48, after line 23, insert:
"Sec. 17.
Minnesota Statutes 2004, section 354.05, subdivision 35, is amended to
read:
Subd. 35. [SALARY.] (a)
Subject to the limitations of section 356.611, "salary" means
the periodic compensation, upon which member contributions are required before
deductions for deferred compensation, supplemental retirement plans, or other
voluntary salary reduction programs.
(b) "Salary" does not mean:
(1) lump sum annual leave payments;
(2) lump sum wellness and sick leave payments;
(3) employer-paid amounts used by an employee toward the cost
of insurance coverage, employer-paid fringe benefits, flexible spending
accounts, cafeteria plans, health care expense accounts, day care expenses, or
any payments in lieu of any employer-paid group insurance coverage, including the
difference between single and family rates that may be paid to a member with
single coverage and certain amounts determined by the executive director to be
ineligible;
(4) any form of payment made in lieu of any other employer-paid
fringe benefit or expense;
(5) any form of severance payments;
(6) workers' compensation payments;
(7) disability insurance payments, including self-insured
disability payments;
(8) payments to school principals and all other administrators
for services that are in addition to the normal work year contract if these
additional services are performed on an extended duty day, Saturday, Sunday,
holiday, annual leave day, sick leave day, or any other nonduty day;
(9) payments under section 356.24, subdivision 1, clause (4);
and
(10) payments made under section 122A.40, subdivision 12,
except for payments for sick leave that are accumulated under the provisions of
a uniform school district policy that applies equally to all similarly situated
persons in the district.
(c) Amounts provided to an employee by the employer through a
grievance proceeding or a legal settlement are salary only if the settlement is
reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations."
Page 51, after line 19, insert:
"Sec. 20.
Minnesota Statutes 2004, section 354A.011, subdivision 24, is amended to
read:
Subd. 24. [SALARY;
COVERED SALARY.] (a) Subject to the limitations of section 356.611,
"salary" or "covered salary" means the entire compensation,
upon which member contributions are required and made, that is paid to a
teacher before deductions for deferred compensation, supplemental retirement
plans, or other voluntary salary reduction programs.
(b) "Salary" does not mean:
(1) lump sum annual leave payments;
(2) lump sum wellness and sick leave payments;
(3) employer-paid amounts used by an employee toward the cost
of insurance coverage, employer-paid fringe benefits, flexible spending
accounts, cafeteria plans, health care expense accounts, day care expenses, or
any payments in lieu of any employer-paid group insurance coverage, including
the difference between single and family rates that may be paid to a member
with single coverage, and certain amounts determined by the executive secretary
or director to be ineligible;
(4) any form of payment that is made in lieu of any other
employer-paid fringe benefit or expense;
(5) any form of severance payments;
(6) workers' compensation payments;
(7) disability insurance payments, including self-insured
disability payments;
(8) payments to school principals and all other administrators
for services that are in addition to the normal work year contract if these
additional services are performed on an extended duty day, Saturday, Sunday,
holiday, annual leave day, sick leave day, or any other nonduty day;
(9) payments under section 356.24, subdivision 1, clause
(4)(ii); and
(10) payments made under section 122A.40, subdivision 12,
except for payments for sick leave that are accumulated under the provisions of
a uniform school district policy that applies equally to all similarly situated
persons in the district.
(c) Amounts provided to an employee by the employer through a
grievance proceeding or a legal settlement are salary only if the settlement is
reviewed by the executive director and the amounts are determined by the
executive director to be consistent with paragraph (a) and prior
determinations."
Page 53, after line 22, insert:
"Sec. 23.
Minnesota Statutes 2004, section 356.611, subdivision 1, is amended to
read:
Subdivision 1. [STATE
SALARY LIMITATIONS.] (a) Notwithstanding any provision of law, bylaws, articles
of incorporation, retirement and disability allowance plan agreements, or
retirement plan contracts to the contrary, the covered salary for pension
purposes for a plan participant of a covered retirement fund enumerated in
section 356.30, subdivision 3, may not exceed 95 110 percent of the
salary established for the governor under section 15A.082 at the time the
person received the salary.
(b) This section does not apply to a salary paid:
(1) to the governor or to a judge;
(2) to an employee or an elected official who is not subject
to the limit as specified under section 43A.17, subdivision 9;
(3) to an employee of a political subdivision in a
position that is excluded from the limit as specified under section 43A.17,
subdivision 9;
(3) (4) to a state employee as defined under
section 43A.02, subdivision 21;
(4) (5) to an employee of Gillette Hospital who
is covered by the general state employees retirement plan of the Minnesota
State Retirement System;
(5) (6) to an employee of the Minnesota Crop
Improvement Council; or
(6) (7) to an employee of the Minnesota
Historical Society;
(8) to an employee of the Southern Minnesota Municipal Power
Association; or
(9) to the director of the Duluth Port Authority.
(c) The limited covered salary determined under this section
must be used in determining employee and employer contributions and in
determining retirement annuities and other benefits under the respective
covered retirement fund and under this chapter."
Page 53, after line 35, insert:
"Sec. 25. Minnesota
Statutes 2004, section 422A.01, is amended by adding a subdivision to read:
Subd. 13a.
[COVERED SALARY.] "Salary" is subject to the limitations of
section 356.611."
Page 56, after line 1, insert:
"Sec. 28.
Minnesota Statutes 2004, section 423B.01, is amended by adding a
subdivision to read:
Subd. 22.
[COVERED SALARY.] "Salary" is subject to the limitations of
section 356.611.
Sec. 29. Minnesota
Statutes 2004, section 423C.01, is amended by adding a subdivision to read:
Subd. 29. [COVERED
SALARY.] "Salary" is subject to the limitations of section
356.611."
Page 56, after line 15, insert:
"Sec. 31.
Minnesota Statutes 2004, section 490.121, is amended by adding a
subdivision to read:
Subd. 21a.
[COVERED SALARY LIMITATION.] "Final average compensation"
is subject to the limitations of section 356.611."
Page 56, line 20, delete "July 1, 2005"
and insert "on the day following final enactment except that section 23
applies retroactively from April 28, 1994"
Page 57, line 27, delete "member and" and
insert "normal cost of the judges retirement plan on the date of return
from the leave of absence, as determined in the most recent actuarial report
for the plan filed with the Legislative Commission on Pensions and Retirement,
multiplied by"
Page 57, delete line 28
Page 57, line 29, delete "1a and 1b, applied to"
Page 58, after line 35, insert:
"Sec. 7.
[UNIVERSITY OF MINNESOTA STRIKE PROVISION.]
Notwithstanding the payment deadline specified in Minnesota
Statutes, section 356.195, subdivision 2, paragraph (b), a University of
Minnesota employee covered by the Minnesota State Retirement System who was on
strike on or after October 21, 2003 and before the effective date of this
section, is authorized to make a payment under that paragraph on or before one
year after the effective date of this section."
Page 59, line 1, delete "6" and insert "7"
Page 75, after line 2, insert:
"Section 1.
Minnesota Statutes 2004, section 353.27, subdivision 2, is amended to
read:
Subd. 2. [EMPLOYEE
CONTRIBUTION.] (a) The employee contribution is the following applicable
percentage of the total salary amount for a "basic member" and
for a "coordinated member":
Basic
Coordinated
Program
Program
Before January 1, 2002 8.75 4.75
Effective January 1, 2002
Effective before January 1, 2006 9.10
5.10
Effective January 1, 2006 9.10 5.50
Effective January 1, 2007 9.10 5.75
Effective January 1, 2008 9.10 6.00 plus any
contribution
rate adjustment
under
subdivision 3b
(b) These contributions must be made by deduction from salary as
defined in section 353.01, subdivision 10, in the manner provided in
subdivision 4. Where If
any portion of a member's salary is paid from other than public funds, such
the member's employee contribution must be based on the total salary
received by the member from all sources.
Sec. 2. Minnesota
Statutes 2004, section 353.27, subdivision 3, is amended to read:
Subd. 3. [EMPLOYER
CONTRIBUTION.] (a) The employer contribution is the following applicable
percentage of the total salary amount for "basic members"
and for "coordinated members":
Basic
Coordinated
Program
Program
Before January 1, 2002 8.75 4.75
Effective January 1, 2002
Effective before January 1, 2006 9.10 5.10
Effective January 1, 2006 9.10 5.50
Effective January 1, 2007 9.10 5.75
Effective January 1, 2008 9.10 6.00 plus any
contribution
rate adjustment
under
subdivision 3b
(b) This contribution must be made from funds available to the
employing subdivision by the means and in the manner provided in section
353.28.
Sec. 3. Minnesota
Statutes 2004, section 353.27, subdivision 3a, is amended to read:
Subd. 3a. [ADDITIONAL
EMPLOYER CONTRIBUTION.] (a) An additional employer contribution must be made
equal to (1) 2.68 percent of the following applicable percentage of
the total salary of each amount for "basic member
members"; and (2) .43 percent of the total salary of each
for "coordinated member. members":
Basic
Coordinated
Program Program
Effective before January 1, 2006 2.68
.43
Effective January 1, 2006 2.68 .50
Effective January 1, 2009 2.68 .75
Effective January 1, 2010 2.68 1.00
These contributions must be made from funds available to the
employing subdivision by the means and in the manner provided in section
353.28.
(b) The coordinated program contribution rates set forth in
paragraph (a) effective for January 1, 2009, or January 1, 2010, must not be
implemented if, following receipt of the July 1, 2008, or July 1, 2009, annual
actuarial valuation reports under section 356.215, respectively, the
actuarially required contributions are equal to or less than the total rates
under this section in effect as of January 1, 2008.
(c) This subdivision is repealed once the actuarial
value of the assets of the plan equal or exceed the actuarial accrued liability
of the plan as determined by the actuary retained by the Legislative Commission
on Pensions and Retirement under section 356.215. The repeal is effective on the first day of the first full pay
period occurring after March 31 of the calendar year following the issuance of
the actuarial valuation upon which the repeal is based.
Sec. 4. Minnesota Statutes 2004, section 353.27, is amended by adding a
subdivision to read:
Subd. 3b.
[CHANGE IN EMPLOYEE AND EMPLOYER CONTRIBUTIONS IN CERTAIN INSTANCES.] (a)
For purposes of this section, a contribution sufficiency exists if the total of
the employee contribution under subdivision 2, the employer contribution under
subdivision 3, the additional employer contribution under subdivision 3a, and
any additional contribution previously imposed under this subdivision exceeds
the total of the normal cost, the administrative expenses, and the amortization
contribution of the retirement plan as reported in the most recent actuarial
valuation of the retirement plan prepared by the actuary retained under section
356.214 and prepared under section 356.215 and the standards for actuarial work
of the Legislative Commission on Pensions and Retirement. For purposes of this section, a contribution
deficiency exists if the total of the employee contributions under subdivision
2, the employer contributions under subdivision 3, the additional employer contribution
under subdivision 3a, and any additional contribution previously imposed under
this subdivision is less than the total of the normal cost, the administrative
expenses, and the amortization contribution of the retirement plan as reported
in the most recent actuarial valuation of the retirement plan prepared by the
actuary retained under section 356.214 and prepared under section 356.215 and
the standards for actuarial work of the Legislative Commission on Pensions and
Retirement.
(b) Employee and employer contributions under subdivisions 2
and 3 must be adjusted:
(1) if, after July 1, 2010, the regular actuarial valuations
of the general employees retirement plan of the Public Employees Retirement
Association under section 356.215 indicate that there is a contribution
sufficiency under paragraph (a) equal to or greater than 0.5 percent of covered
payroll for two consecutive years, the coordinated program employee and
employer contribution rates must be decreased as determined under paragraph (c)
to a level such that the sufficiency equals no more than 0.25 percent of
covered payroll based on the most recent actuarial valuation; or
(2) if, after July 1, 2010, the regular actuarial valuations
of the general employees retirement plan of the Public Employees Retirement
Association under section 356.215 indicate that there is a deficiency equal to
or greater than 0.5 percent of covered payroll for two consecutive years, the
coordinated program employee and employer contribution rates must be increased
as determined under paragraph (c) to a level such that no deficiency exists
based on the most recent actuarial valuation.
(c) The contribution rate increase or decrease must be
determined by the executive director of the Public Employees Retirement Association,
must be reported to the chair and the executive director of the Legislative
Commission on Pensions and Retirement on or before the next February 1, and, if
the Legislative Commission on Pensions and Retirement does not recommend
against the rate change or does not recommend a modification in the rate
change, is effective on the next July 1 following the determination by the
executive director that a contribution deficiency or sufficiency has existed
for two consecutive fiscal years based on the most recent actuarial valuations
under section 356.215. If the
actuarially required contribution exceeds or is less than the total support
provided by the combined employee and employer contribution rates by more than
0.5 percent of covered payroll, the coordinated program employee and employer
contribution rates must be adjusted incrementally over one or more years to a
level such that there remains a contribution sufficiency of no more than 0.25
percent of covered payroll.
(d) No incremental adjustment may exceed 0.25 percent for
either the coordinated program employee and employer contribution rates per
year in which any adjustment is implemented.
A contribution rate adjustment under this subdivision must not be made
until at least two years have passed since fully implementing a previous
adjustment under this subdivision."
Page 76, after line 5, insert:
"Sec. 7. Minnesota
Statutes 2004, section 353.65, subdivision 2, is amended to read:
Subd. 2. [EMPLOYEE
CONTRIBUTION RATE.] (a) The employee contribution is an amount equal to 6.2
the percent of the total salary of the member specified in paragraph
(b). This contribution must be made
by deduction from salary in the manner provided in subdivision 4. Where any portion of a member's salary is
paid from other than public funds, the member's employee contribution is based
on the total salary received from all sources.
(b) For calendar year 2006, the employee contribution rate
is 7.0 percent. For calendar year 2007,
the employee contribution rate is 7.8 percent.
For calendar year 2008, the employee contribution rate is 8.6
percent. For calendar year 2009 and
thereafter, the employee contribution rate is 9.4 percent.
Sec. 8. Minnesota
Statutes 2004, section 353.65, subdivision 3, is amended to read:
Subd. 3. [EMPLOYER
CONTRIBUTION RATE.] (a) The employer contribution shall be an amount
equal to 9.3 the percent of the total salary of every member as
specified in paragraph (b). This
contribution shall be made from funds available to the employing subdivision by
the means and in the manner provided in section 353.28.
(b) For calendar year 2006, the employer contribution rate
is 10.5 percent. For calendar year
2007, the employer contribution rate is 11.7 percent. For calendar year 2008, the employer contribution rate is 12.9
percent. For calendar year 2009 and
thereafter, the employer contribution rate is 14.1 percent."
Page 76, line 35, delete "1 and 2" and insert
"5 and 6"
Page 76, line 36, delete "3 and 4" and insert
"9 and 10"
Page 77, line 2, after "(c)" insert "Sections
1 to 4 and 7 and 8 are effective on January 1, 2006.
(d)" and delete "4" and insert
"10"
Page 173, line 36, delete the new language
Page 174, line 1, delete the first "Association,"
Page 174, line 3, after "Association," insert
"by the date determined under section 356.216, paragraph (a), clause
(2), for the Bloomington Fire Department Relief Association,"
Page 178, line 22, after "later" insert "and
except that the amortization date for the Minneapolis Police Relief Association
is December 31, 2020"
Pages 180 to 182, delete section 4
Pages 186 to 188, delete sections 10 and 11 and insert:
"Sec. 9. Minnesota
Statutes 2004, section 423B.05, subdivision 3, is amended to read:
Subd. 3. [CONTINUATION
OF BOARD.] Notwithstanding the provisions of section 423A.01, subdivision 2, or
any other law, the board of trustees and its successors established under
subdivision 1 shall continue to govern the association until there are no more
than 100 350 members of the police pension fund. The fund thereafter must become a trust fund
in accordance with section 423A.01, subdivision 2."
Page 190, delete lines 1 to 6 and
insert:
"A
B
20 years
34.0 34.5 units 35.0 units
21 years
35.6 36.1 units 36.6 units
22 years
37.2 37.7 units 38.2 units
23 years
38.8 39.3 units 39.8 units
24 years
40.4 40.9 units 41.4 units
25 years
42.0 42.5 units 43.0 units
Column A is applicable until December 31, 2005, and applies
retroactively to January 1, 2005, for a service pensioner who retired before
January 1, 2005. Column B applies on
and after January 1, 2006."
Page 190, line 24, delete "unit" and insert
"half units"
Page 190, line 25, after "provided" insert
"under the same terms and at the same time as applicable under
subdivision 1"
Page 191, line 6, before "23" insert "22.5
units per month until December 31, 2005, and" and after
"month" insert "beginning on January 1, 2006,"
Page 191, line 11, before "23" insert "22.5
units per month until December 31, 2005, and" and after
"month" insert "beginning on January 1, 2006"
Page 192, after line 17, insert:
"(e) For any surviving spouse who began receiving
survivor benefits before January 1, 2005, the half-unit increase under
paragraph (a) is effective retroactive to January 1, 2005."
Pages 192 to 194, delete section 15
Page 195, delete lines 35 and 36 and insert:
"When a pension benefit is properly paid in accordance
with the laws governing the Minneapolis Police Relief Association or the
Minneapolis Firefighters Relief Association, whichever apply, to any member,
the dollar amount of the pension a member received may not be reduced if the
city of Minneapolis and the collective bargaining agent representing active
police officers or firefighters enter into or are required to abide by an
agreement that would otherwise require the association to reduce the dollar
amount of a pension that had properly been paid to any member."
Page 196, delete lines 1 to 6
Page 198, line 32, delete "1 and 2" and insert
"2 and 3 with respect to the Bloomington Fire Department Relief
Association"
Page 198, line 36, delete "3 to 10" and insert
"1, 3, with respect to the Minneapolis Police Relief Association, 9,
10, 11, 12, 13, and 16"
Page 199, line 5, delete "3," and delete
"and" and after "7" insert ", and 8"
Page 199, delete lines 9 to 12
Page 199, line 13, delete "(e)" and insert
"(d)" and delete "9 and 10" and insert "14
and 15"
Page 199, line 17, delete "(f)" and insert
"(e)" and delete "4" and insert "18"
Page 199, line 21, delete "(g)" and insert
"(f)" and delete "3" and insert "17"
Page 199, line 31, delete "(h)" and insert
"(g)" and delete "5" and insert "19"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 2243 was read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 232, 953, 1204, 1604, 1772 and 427 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Blaine introduced:
H. F. No. 2544, A bill for an act relating to retirement;
correctional state employees retirement plan; clarifying the current and past
coverage for a certain Minnesota correctional facility-St. Cloud employee;
amending Minnesota Statutes 2004, section 352.91, subdivision 3d.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Wagenius, Mariani and Kelliher introduced:
H. F. No. 2545, A bill for an act relating to natural
resources; proposing an amendment to the Minnesota Constitution by adding a
section to article XI; increasing the sales and use tax by one-quarter percent
and dedicating the proceeds for natural resource and clean water purposes;
amending Minnesota Statutes 2004, sections 297A.62, subdivision 1; 297A.94;
297B.02, subdivision 1.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Larson, Lenczewski and Peterson, N., introduced:
H. F. No. 2546, A bill for an act relating to retirement;
general employees retirement plan of the Public Employees Retirement
Association; permitting the purchase of service credit for which Independent
School District No. 271, Bloomington, failed to make member deductions.
The bill was read for the first time and referred to the Committee
on Governmental Operations and Veterans Affairs.
Anderson, I.; Carlson; Entenza; Rukavina and Lieder introduced:
H. F. No. 2547, A bill for an act proposing an amendment to the
Minnesota Constitution, article IV, section 12; removing legislative adjournment
deadline and changing total number of days.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Urdahl, Juhnke and Howes introduced:
H. F. No. 2548, A bill for an act relating to taxation;
providing a reduced class rate for certain property bordering public waters;
amending Minnesota Statutes 2004, section 273.13, subdivision 23.
The bill was read for the first time and referred to the
Committee on Taxes.
Mahoney introduced:
H. F. No. 2549, A bill for an act relating to local government;
modifying job evaluation system requirements for political subdivisions;
amending Minnesota Statutes 2004, section 471.994.
The bill was read for the first time and referred to the Committee
on Local Government.
Erhardt, Larson, Cox, Heidgerken and Lieder introduced:
H. F. No. 2550, A bill for an act relating to transportation;
directing revisor of statutes to change term "tax" to "fee"
in Minnesota Statutes where it refers to vehicle registration tax or motor
fuels tax.
The bill was read for the first time and referred to the
Committee on Transportation.
Demmer, Bradley, Liebling and Welti introduced:
H. F. No. 2551, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the Rochester Regional Public Safety Training Center.
The bill was read for the first time and referred to the
Committee on Public Safety Policy and Finance.
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, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 987, A bill for an act relating to child safety;
prohibiting the sale and commercial use of certain cribs; providing
enforcement; proposing coding for new law in Minnesota Statutes, chapters 245A;
325F.
Patrick E. Flahaven, Secretary of the Senate
Sieben moved that the House refuse to concur in the Senate
amendments to H. F. No. 987, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
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. 367, A bill for an act relating to real property;
providing for certain defeasible estates; modifying residential purchase
agreement cancellations; amending the foreclosure advice notice; amending
Minnesota Statutes 2004, sections 500.20, subdivision 2a; 513.56, subdivision
3; 513.57, subdivision 2; 559.217; 580.041, by adding subdivisions.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Kohls moved that the House concur in the Senate amendments to
H. F. No. 367 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 367, A bill for an act relating to real property;
providing for certain defeasible estates; modifying residential purchase
agreement cancellations; amending the foreclosure advice notice; modifying the
description of land deleted from the Mississippi Recreational River Land Use
District in Sherburne County; amending Minnesota Statutes 2004, sections
500.20, subdivision 2a; 513.56, subdivision 3; 513.57, subdivision 2; 559.217;
580.041, by adding subdivisions; Laws 2005, chapter 30, section 1.
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 123 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
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. 369, A bill for an act relating to real property;
amending the Minnesota Common Interest Ownership Act; amending Minnesota
Statutes 2004, sections 515B.1-102; 515B.1-103; 515B.1-106; 515B.1-107;
515B.1-116; 515B.2-101; 515B.2-102; 515B.2-104; 515B.2-106; 515B.2-108;
515B.2-110; 515B.2-111; 515B.2-112; 515B.2-113; 515B.2-118; 515B.2-119;
515B.2-121; 515B.2-123; 515B.2-124; 515B.3-101; 515B.3-102; 515B.3-103;
515B.3-105; 515B.3-106; 515B.3-110; 515B.3-112; 515B.3-113; 515B.3-114;
515B.3-115; 515B.3-116; 515B.3-117; 515B.3-120; 515B.4-101; 515B.4-102;
515B.4-105; 515B.4-106; 515B.4-107; 515B.4-108; 515B.4-109; 515B.4-111;
515B.4-115.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Thissen moved that the House concur in the Senate amendments to
H. F. No. 369 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 369, A bill for an act relating to real property;
amending the Minnesota Common Interest Ownership Act; amending Minnesota
Statutes 2004, sections 515B.1-102; 515B.1-103; 515B.1-106; 515B.1-107;
515B.1-116; 515B.2-101; 515B.2-102; 515B.2-104; 515B.2-105; 515B.2-106;
515B.2-108; 515B.2-110; 515B.2-111; 515B.2-112; 515B.2-113; 515B.2-118;
515B.2-119; 515B.2-121; 515B.2-123; 515B.2-124; 515B.3-101; 515B.3-102;
515B.3-103; 515B.3-105; 515B.3-106; 515B.3-110; 515B.3-112; 515B.3-113;
515B.3-114; 515B.3-115; 515B.3-116; 515B.3-117; 515B.3-120; 515B.4-101;
515B.4-102; 515B.4-105; 515B.4-106; 515B.4-107; 515B.4-108; 515B.4-109;
515B.4-111; 515B.4-115.
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 123 yeas
and 3 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Krinkie
Olson
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. 436, A bill for an act relating to natural resources;
requiring commissioner's evaluation before vacating certain roads adjacent to
public waters; creating right of intervention; amending Minnesota Statutes
2004, sections 164.07, subdivision 2; 412.851; 505.14.
Patrick E. Flahaven, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
McNamara moved that the House concur in the Senate amendments
to H. F. No. 436 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 436, A bill for an act relating to natural resources;
requiring commissioner's evaluation before vacating certain roads adjacent to
public waters; creating right of intervention; providing an exemption for
participants in National Veterans Wheelchair Games; amending Minnesota Statutes
2004, sections 164.07, subdivision 2; 412.851; 505.14.
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 121 yeas
and 7 nays as follows:
Those who voted in the affirmative were:
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Fritz
Koenen
Olson
Otremba
Rukavina
Vandeveer
Westrom
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
Senate File, herewith transmitted:
S. F. No. 2057.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2057, A bill for an act relating to environment;
modifying advisory boards; eliminating a report; indemnifying participants in
pollution prevention assistance program; amending Minnesota Statutes 2004,
sections 115A.072, subdivision 1; 115A.12; 115A.929; 115D.04, subdivision 3.
The bill was read for the first time and referred to the
Committee on Agriculture, Environment and Natural Resources Finance.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 1164
A bill for an act relating to traffic regulations; modifying
provision governing the passing of a parked emergency vehicle; providing
eligibility criteria for business panels on logo sign panels; amending
Minnesota Statutes 2004, sections 160.80, subdivision 1a; 169.18, subdivision
11.
May
20, 2005
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 1164, report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
1164 be further amended as follows:
Delete everything after the enacting
clause and insert:
"Section 1.
Minnesota Statutes 2004, section 160.80, subdivision 1a, is amended to
read:
Subd. 1a. [ELIGIBILITY
CRITERIA FOR BUSINESS PANELS.] (a) To be eligible for a business panel on a
logo sign panel, a business establishment must:
(1) be open for business;
(2) have a sign on site that both identifies the business and
is visible to motorists;
(3) be open to everyone, regardless of race, religion, color,
age, sex, national origin, creed, marital status, sexual orientation, or
disability;
(4) not impose a cover charge or otherwise require customers to
purchase additional products or services; and
(5) meet the appropriate criteria in paragraphs (b) to (e).
(b) Gas businesses must provide vehicle services including fuel
and oil; restroom facilities and drinking water; continuous, staffed operation
at least 12 hours a day, seven days a week; and public access to a telephone.
(c) Food businesses must serve at least two meals a day during
normal mealtimes of breakfast, lunch, and dinner; provide a continuous, staffed
food service operation at least ten hours a day, seven days a week except
holidays as defined in section 645.44, subdivision 5, and except as provided
for seasonal food service businesses; provide seating capacity for at least 20
people; serve meals prepared on the premises; and possess any required
state or local licensing or approval. Reheated,
prepackaged, ready-to-eat food is not "food prepared on the
premises." Seasonal food
service businesses must provide a continuous, staffed food service operation at
least ten hours a day, seven days a week, during their months of operation.
(d) Lodging businesses must include sleeping accommodations,
provide public access to a telephone, and possess any required state or local
licensing or approval.
(e) Camping businesses must include sites for camping, include
parking accommodations for each campsite, provide sanitary facilities and
drinking water, and possess any required state or local licensing or approval.
(f) Businesses that do not meet the appropriate criteria in
paragraphs (b) to (e) but that have a signed lease as of January 1, 1998, may
retain the business panel until December 31, 2005, or until they withdraw from
the program, whichever occurs first, provided they continue to meet the
criteria in effect in the department's contract with the logo sign vendor on
August 1, 1995. After December 31,
2005, or after withdrawing from the program, a business must meet the
appropriate criteria in paragraphs (a) to (e) to qualify for a business panel.
(g) Seasonal businesses must indicate to motorists when they
are open for business by either putting the full months of operation directly
on the business panel or by having a "closed" plaque applied to the
business panel when the business is closed for the season.
(h) The maximum distance that an eligible business in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington county can be located
from the interchange is: for gas
businesses, one mile; for food businesses, two miles; for lodging businesses,
three miles; and for camping businesses, ten miles.
(i) The maximum distance that an eligible business in any other
county can be located from the interchange shall not exceed 15 miles in either
direction.
(j) Logo sign panels must be erected
so that motorists approaching an interchange view the panels in the following
order: camping, lodging, food, gas.
(k) If there is insufficient space on a logo sign panel to
display all eligible businesses for a specific type of service, the businesses
closest to the interchange have priority over businesses farther away from the
interchange.
Sec. 2. Minnesota
Statutes 2004, section 169.18, subdivision 11, is amended to read:
Subd. 11. [PASSING
PARKED EMERGENCY VEHICLE; CITATION; PROBABLE CAUSE.] (a) When
approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next
to a street or highway having two or more lanes in the same direction,
the driver of a vehicle shall safely move the vehicle to a the
lane farthest away from the emergency vehicle, if it is possible to
do so.
(b) When approaching and before passing an authorized emergency
vehicle with its emergency lights activated that is parked or otherwise stopped
on or next to a street or highway having more than two lanes in the same
direction, the driver of a vehicle shall safely move the vehicle so as to leave
a full lane vacant between the driver and any lane in which the emergency
vehicle is completely or partially parked or otherwise stopped, if it is
possible to do so.
(c) A peace officer may issue a citation to the driver of a
motor vehicle if the peace officer has probable cause to believe that the
driver has operated the vehicle in violation of this subdivision within the
four-hour period following the termination of the incident or a receipt of a
report under paragraph (d). The
citation may be issued even though the violation was not committed in the
presence of the peace officer.
(d) Although probable cause may be otherwise satisfied by
other evidentiary elements or factors, probable cause is sufficient for
purposes of this subdivision when the person cited is operating the vehicle
described by a member of the crew of an authorized emergency vehicle responding
to an incident in a timely report of the violation of this subdivision, which
includes a description of the vehicle used to commit the offense and the vehicle's
license plate number. For the purposes
of issuance of a citation under paragraph (c), "timely" means that
the report must be made within a four-hour period following the termination of
the incident.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to
traffic regulations; providing eligibility criteria for business panels on logo
sign panels; clarifying duty of driver when passing parked emergency vehicle;
authorizing issuance of citation within four hours after violation; amending
Minnesota Statutes 2004, sections 160.80, subdivision 1a; 169.18, subdivision
11."
We request adoption of this report and repassage of the bill.
House Conferees: Paul Gazelka, Duke Powell and Dan Larson.
Senate Conferees: Sheila M. Kiscaden, Mike McGinn and Don
Betzold.
Gazelka moved that the report of the
Conference Committee on H. F. No. 1164 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1164, A bill for an act relating to traffic
regulations; modifying provision governing the passing of a parked emergency
vehicle; providing eligibility criteria for business panels on logo sign panels;
amending Minnesota Statutes 2004, sections 160.80, subdivision 1a; 169.18,
subdivision 11.
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 128 yeas and 1
nay as follows:
Those who
voted in the affirmative were:
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Olson
The bill was repassed, as amended by Conference, and its title
agreed to.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Saturday, May 21, 2005:
H. F. No. 2121; S. F. No. 1625;
and H. F. Nos. 2063, 2097 and 2255.
CALENDAR
FOR THE DAY
S. F. No. 629 was reported to the House.
Beard; Nelson, P.; Westerberg; Holberg; Erhardt; Walker;
Greiling; Hausman; Hornstein and Larson moved to amend S. F. No. 629 as follows:
Page 1, after line 12, insert:
"Section 1.
Minnesota Statutes 2004, section 221.091, subdivision 3, is amended to
read:
Subd. 3. [AUTHORITY OF
METROPOLITAN AIRPORTS COMMISSION.] Notwithstanding any other law:
(a) The Metropolitan Airports Commission may regulate ground
transportation to and from an airport under its jurisdiction, subject to the
provisions of paragraph paragraphs (b), (c), (d), and (e). The authority under this paragraph includes,
but is not limited to, regulating the number and types of transportation
services, making concession agreements, and establishing vehicle standards.
(b) The Metropolitan Airports Commission may regulate small
passenger vehicles, including taxicabs, serving an airport under its
jurisdiction only by ordinance. An
ordinance adopted under this paragraph must at a minimum (1) define
taxicabs and, (2) provide for driver qualifications, insurance,
and vehicle safety, and may (3) provide for issuance of permits
to taxicabs and other small passenger vehicles and limits on. An ordinance under this paragraph may limit
the number of permits issued to taxicabs. An ordinance under this paragraph may not provide for making
concession agreements relating to small passenger vehicle service, including
taxicabs.
(c) If the Metropolitan Airports Commission determines that
it is in the public interest to reduce the number of annual taxicab permits
issued at the Minneapolis-St. Paul International Airport, the commission shall
first reduce the number of permits in the following order:
(1) permits held by permit holders who have not picked up a
passenger at the Minneapolis-St. Paul International Airport within three months
immediately preceding the decision to reduce permits;
(2) permits issued to permit holders who have not
continuously held an annual or semi-annual permit prior to and since January 1,
2005; and
(3) permits issued to corporations that have sold or
transferred at least a majority of the shares of the corporation since January
1, 2005.
(d) In deciding whether it is in the public interest to
reduce the number of taxicab permits, the commission shall consider, at a
minimum, the following factors:
(1) the number of taxicab permits issued in relation to the
number of taxicab customers at the Minneapolis-St. Paul International Airport;
(2) the wait times for taxicab drivers; and
(3) the impact to current permit holders, including, but not
limited to, permit holders who have held a permit during a permitting period
prior to January 1, 2005.
(e) If the Metropolitan Airports Commission allows for
taxicab permit transfers, the commission shall not prohibit permit transfers
between sole proprietors, individual owner taxicab operators, or corporations,
unless the commission also prohibits permit transfers from one corporation to
another corporation."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker called Abrams to the Chair.
Latz moved to amend S. F. No. 629, as amended, as follows:
Page 5, after line 17, insert:
"Sec. 7.
[COMMISSIONER OF TRANSPORTATION; HIGH-OCCUPANCY VEHICLE LANES.]
Subject to any necessary waiver by the appropriate federal
authority, the commissioner of transportation shall by order permit the use
without fee, in freeway lanes within the metropolitan area that on the
effective date of this act were reserved exclusively for high-occupancy
vehicles or fee-paying vehicles, of the following vehicles without regard to
the number of occupants:
(1) taxis licensed by a political subdivision;
(2) limousines bearing license plates issued under Minnesota
Statutes, section 168.128;
(3) buses outwardly equipped and readily identifiable as
school buses or Head Start buses;
(4) passenger vehicles with a capacity of ten or more
persons including the driver; and
(5) any other passenger vehicles operated by motor carriers
of passengers as defined in Minnesota Statutes, section 221.011, subdivision
48."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Larson moved to amend S. F. No. 629, as amended, as follows:
Page 4, after line 26, insert:
"Sec. 5. Minnesota
Statutes 2004, section 473.604, subdivision 5, is amended to read:
Subd. 5.
[MEETINGS.] The commission shall meet regularly at least once each
month, at such time and place as the commission shall by resolution designate,
provided that, beginning January 1, 2008, no meetings shall be scheduled or
held within an airport security screening perimeter. Special meetings may be held at any time
upon the call of the chair or any two other members, upon written notice sent
by certified mail to each member at least three days prior to the meeting, or
upon such other notice as the commission may by resolution provide, or without
notice if each member is present or files with the secretary a written consent
to the meeting either before or after the meeting. Unless otherwise provided, any action within the authority of the
commission may be taken by the affirmative vote of a majority of all the
members. A majority of all of the
members of the commission shall constitute a quorum, but a lesser number may
meet and adjourn from time to time and compel the attendance of absent
members."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Larson amendment and the roll was
called. There were 70 yeas and 62 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Opatz
Otremba
Paymar
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wardlow
Welti
Wilkin
Those who voted in the negative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Jaros
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Lillie
Magnus
Mullery
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Westerberg
Westrom
Zellers
Spk. Sviggum
The motion prevailed and the amendment was adopted.
Beard moved that S. F. No. 629, as amended,
be temporarily laid over on Calendar for the Day. The motion prevailed.
S. F. No. 379, A bill for an act relating to courts;
authorizing a retired court commissioner to be appointed to perform judicial
duties in Ramsey County.
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 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
S. F. No. 1555 was reported to the House.
Hackbarth moved to amend S. F. No. 1555 as
follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1801, the third engrossment:
"ARTICLE
1
LAWFUL
GAMBLING
Section 1. Minnesota
Statutes 2004, section 349.12, is amended by adding a subdivision to read:
Subd. 3c.
[BAR BINGO.] "Bar bingo" is a bingo occasion conducted at a
permitted premises in an area where intoxicating liquor or 3.2 percent malt
beverages are sold and where the licensed organization conducts another form of
lawful gambling.
Sec. 2. Minnesota
Statutes 2004, section 349.12, subdivision 5, is amended to read:
Subd. 5. [BINGO
OCCASION.] "Bingo occasion" means a single gathering or session at
which a series of one or more successive bingo games is played. There is no limit on the number of games
conducted during a bingo occasion but a bingo occasion must not last longer
than eight consecutive hours.
Sec. 3. Minnesota
Statutes 2004, section 349.12, is amended by adding a subdivision to read:
Subd. 12a.
[ELECTRONIC BINGO DEVICE.] "Electronic bingo device" means
an electronic device used by a bingo player to monitor bingo paper sheets
purchased at the time and place of an organization's bingo occasion and which
(1) provides a means for bingo players to input numbers announced by a bingo
caller; (2) compares the numbers entered by the player to the bingo faces
previously stored in the memory of the device; and (3) identifies a winning
bingo pattern.
Electronic bingo device does
not mean any device into which coin, currency, or tokens are inserted to
activate play.
Sec. 4. Minnesota
Statutes 2004, section 349.12, subdivision 25, is amended to read:
Subd. 25. [LAWFUL
PURPOSE.] (a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or
festival organization, as defined in subdivision 15a, provided that the
organization and expenditure or contribution are in conformity with standards
prescribed by the board under section 349.154, which standards must apply to
both types of organizations in the same manner and to the same extent;
(2) a contribution to or expenditure for goods and services
for an individual or family suffering from poverty, homelessness, or physical
or mental disability, which is used to relieve the effects of that poverty,
homelessness, or disability suffering;
(3) a contribution to an individual for treatment for
delayed posttraumatic stress syndrome or a contribution to a program
recognized by the Minnesota Department of Human Services for the education,
prevention, or treatment of compulsive problem gambling;
(4) a contribution to or expenditure on a public or private
nonprofit educational institution registered with or accredited by this state
or any other state;
(5) a contribution to a scholarship fund for defraying the cost
of education to individuals where the funds are awarded through an open and
fair selection process;
(6) activities by an organization or a government entity which
recognize humanitarian or military service to the United States, the
state of Minnesota, or a community, subject to rules of the board, provided
that the rules must not include mileage reimbursements in the computation of
the per diem reimbursement limit and must impose no aggregate annual limit on
the amount of reasonable and necessary expenditures made to support:
(i) members of a military marching or color guard unit for
activities conducted within the state;
(ii) members of an organization solely for services performed
by the members at funeral services; or
(iii) members of military marching,
color guard, or honor guard units may be reimbursed for participating in color
guard, honor guard, or marching unit events within the state or states
contiguous to Minnesota at a per participant rate of up to $35 per diem; or
(iv) active military personnel and their immediate family
members in need of support services;
(7) recreational, community, and athletic facilities and
activities intended primarily for persons under age 21, provided that such
facilities and activities do not discriminate on the basis of gender and the
organization complies with section 349.154;
(8) payment of local taxes authorized under this chapter, taxes
imposed by the United States on receipts from lawful gambling, the taxes
imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on
unrelated business income by section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on permitted
gambling premises wholly owned by the licensed organization paying the
taxes, or wholly leased by a licensed veterans organization under a national
charter recognized under section 501(c)(19) of the Internal Revenue Code,
not to exceed:
(i) for premises used for bingo, the amount that an
organization may expend under board rules on rent for bingo; and
(ii) $35,000 per year for premises used for other forms of
lawful gambling;
(10) a contribution to the United States, this state or any of
its political subdivisions, or any agency or instrumentality thereof other than
a direct contribution to a law enforcement or prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit
organization which is a church or body of communicants gathered in common
membership for mutual support and edification in piety, worship, or religious
observances;
(12) payment of the reasonable costs of an audit required in
section 297E.06, subdivision 4, provided the annual audit is filed in a timely
manner with the Department of Revenue and paid prior to June 30, 2006;
(13) a contribution to or expenditure on a wildlife
management project that benefits the public at-large, provided that the state
agency with authority over that wildlife management project approves the
project before the contribution or expenditure is made;
(14) expenditures, approved by the commissioner of natural
resources, by an organization for grooming and maintaining snowmobile trails
and all-terrain vehicle trails that are (1) grant-in-aid trails established
under section 85.019, or (2) other trails open to public use, including
purchase or lease of equipment for this purpose; a contribution to or
expenditure on projects or activities approved by the commissioner of natural
resources for:
(i) wildlife management projects that benefit the public at
large;
(ii) grant-in-aid trail maintenance and grooming established
under sections 84.83 and 84.927 and other trails open to public use, including
purchase or lease of equipment for this purpose; and
(iii) supplies and materials for safety training and
educational programs coordinated by the Department of Natural Resources
including the Enforcement Division;
(15) (14) conducting nutritional programs, food
shelves, and congregate dining programs primarily for persons who are age 62 or
older or disabled;
(16) (15) a contribution
to a community arts organization, or an expenditure to sponsor arts programs in
the community, including but not limited to visual, literary, performing, or
musical arts;
(17) (16) an expenditure by a licensed veterans
organization for payment of water, fuel for heating, electricity, and sewer
costs for a building wholly owned or wholly leased by and used as the primary
headquarters of the licensed veterans organization;
(18) (17) expenditure by a licensed veterans
organization of up to $5,000 in a calendar year in net costs to the
organization for meals and other membership events, limited to members and
spouses, held in recognition of military service. No more than $5,000 can be expended in total per calendar year
under this clause by all licensed veterans organizations sharing the same
veterans post home; or
(19) (18) payment of fees authorized under this
chapter imposed by the state of Minnesota to conduct lawful gambling in
Minnesota; or
(19) a contribution or expenditure to honor an individual's
humanitarian service as demonstrated through philanthropy or volunteerism to
the United States, this state, or local community.
(b) Notwithstanding paragraph (a), "lawful purpose"
does not include:
(1) any expenditure made or incurred for the purpose of
influencing the nomination or election of a candidate for public office or for
the purpose of promoting or defeating a ballot question;
(2) any activity intended to influence an election or a
governmental decision-making process;
(3) the erection, acquisition, improvement, expansion, repair,
or maintenance of real property or capital assets owned or leased by an
organization, unless the board has first specifically authorized the
expenditures after finding that (i) the real property or capital assets will be
used exclusively for one or more of the purposes in paragraph (a); (ii) with
respect to expenditures for repair or maintenance only, that the property is or
will be used extensively as a meeting place or event location by other nonprofit
organizations or community or service groups and that no rental fee is charged
for the use; (iii) with respect to expenditures, including a mortgage payment
or other debt service payment, for erection or acquisition only, that the
erection or acquisition is necessary to replace with a comparable building, a
building owned by the organization and destroyed or made uninhabitable by fire
or natural disaster catastrophe, provided that the expenditure
may be only for that part of the replacement cost not reimbursed by insurance;
(iv) with respect to expenditures, including a mortgage payment or other debt
service payment, for erection or acquisition only, that the erection or
acquisition is necessary to replace with a comparable building a building owned
by the organization that was acquired from the organization by eminent domain
or sold by the organization to a purchaser that the organization reasonably
believed would otherwise have acquired the building by eminent domain, provided
that the expenditure may be only for that part of the replacement cost that
exceeds the compensation received by the organization for the building being
replaced; or (v) with respect to an expenditure to bring an existing building
into compliance with the Americans with Disabilities Act under item (ii), an
organization has the option to apply the amount of the board-approved
expenditure to the erection or acquisition of a replacement building that is in
compliance with the Americans with Disabilities Act;
(4) an expenditure by an organization which is a contribution
to a parent organization, foundation, or affiliate of the contributing
organization, if the parent organization, foundation, or affiliate has provided
to the contributing organization within one year of the contribution any money,
grants, property, or other thing of value;
(5) a contribution by a licensed
organization to another licensed organization unless the board has specifically
authorized the contribution. The board
must authorize such a contribution when requested to do so by the contributing
organization unless it makes an affirmative finding that the contribution will
not be used by the recipient organization for one or more of the purposes in
paragraph (a); or
(6) a contribution to a statutory or home rule charter city,
county, or town by a licensed organization with the knowledge that the
governmental unit intends to use the contribution for a pension or retirement
fund.
[EFFECTIVE DATE.] This
section is effective the day following final enactment except that the
amendment to paragraph (a), clause (9), is effective January 1, 2006.
Sec. 5. Minnesota
Statutes 2004, section 349.12, subdivision 33, is amended to read:
Subd. 33. [RAFFLE.]
"Raffle" means a game in which a participant buys a ticket for a
chance at a prize with the winner determined by a random drawing to take place
at a location and date printed upon the ticket or other certificate of
participation in an event where the prize determination is based on a method of
random selection and all entries have an equal chance of selection. The ticket or certificate of participation
must include the location, date, and time of the selection of the winning
entries.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 349.15, subdivision 1, is amended to read:
Subdivision 1.
[EXPENDITURE RESTRICTIONS.] (a) Gross profits from lawful
gambling may be expended only for lawful purposes or allowable expenses as
authorized by the membership of the conducting organization at a monthly
meeting of the organization's membership.
Provided that no more than 70 percent of the gross profit less the tax
imposed under section 297E.02, subdivision 1, from bingo, and no more than 55
percent of the gross profit from other forms of lawful gambling, may be
expended for allowable expenses related to lawful gambling.
(b) Effective July 1, 2006, no more than 70 percent of the
gross profit less the tax imposed under section 297E.02, subdivision 1, from
bingo, and no more than 60 percent of the gross profit from other forms of
lawful gambling, may be expended for allowable expenses related to lawful
gambling. Effective for licenses issued
after June 30, 2006, compliance with this subdivision shall be measured by the
board on a biennial basis, concurrent with the term of the license and shall be
used as a condition for license renewal beginning July 1, 2008.
(c) Effective for licenses issued after June 30, 2006,
organizations may request a waiver of the limits on allowable expenses from the
board if the organization can demonstrate that it incurred necessary or
unforeseeable expenses beyond the limits.
The board shall develop criteria for which a waiver may be granted.
Sec. 7. Minnesota Statutes
2004, section 349.151, subdivision 4, is amended to read:
Subd. 4. [POWERS AND
DUTIES.] (a) The board has the following powers and duties:
(1) to regulate lawful gambling to ensure it is conducted in
the public interest;
(2) to issue licenses to organizations, distributors,
distributor salespersons, bingo halls, manufacturers, linked bingo game
providers, and gambling managers;
(3) to collect and deposit license, permit, and registration
fees due under this chapter;
(4) to receive reports required by
this chapter and inspect all premises, records, books, and other documents of
organizations, distributors, manufacturers, and linked bingo game
providers, and bingo halls to insure compliance with all applicable laws
and rules;
(5) to make rules authorized by this chapter;
(6) to register gambling equipment and issue registration
stamps;
(7) to provide by rule for the mandatory posting by
organizations conducting lawful gambling of rules of play and the odds and/or
house percentage on each form of lawful gambling;
(8) to report annually to the governor and legislature on its
activities and on recommended changes in the laws governing gambling;
(9) to impose civil penalties of not more than $500 per
violation on organizations, distributors, distributor salespersons,
manufacturers, bingo halls, linked bingo game providers, and gambling
managers for failure to comply with any provision of this chapter or any rule
or order of the board;
(10) to issue premises permits to organizations licensed to
conduct lawful gambling;
(11) to delegate to the director the authority to issue or deny
license and premises permit applications and renewals under criteria
established by the board;
(12) to delegate to the director the authority to approve or
deny fund loss requests, contribution of gambling funds to another licensed
organization, and property expenditure requests under criteria established by
the board;
(13) to suspend or revoke licenses and premises permits
of organizations, distributors, distributor salespersons, manufacturers, bingo
halls, linked bingo game providers, or gambling managers as provided in
this chapter;
(14) to approve or deny requests from licensees for:
(i) waivers from expense limits under section 349.15,
subdivision 1;
(ii) waivers from fee requirements as provided in section
346.16, subdivision 6; and
(iii) variances from Gambling Control Board rules under
section 14.055;
(13) (15) to register employees of organizations
licensed to conduct lawful gambling;
(14) (16) to require fingerprints from persons
determined by board rule to be subject to fingerprinting;
(15) (17) to delegate to a compliance review
group of the board the authority to investigate alleged violations, issue
consent orders, and initiate contested cases on behalf of the board;
(16) (18) to order organizations, distributors,
distributor salespersons, manufacturers, bingo halls, linked bingo game
providers, and gambling managers to take corrective actions; and
(17) (19) to take all necessary steps to ensure
the integrity of and public confidence in lawful gambling.
(b) The board, or director if
authorized to act on behalf of the board, may by citation assess any
organization, distributor, employee eligible to make sales on behalf of a
distributor salesperson, manufacturer, bingo hall licensee,
linked bingo game provider, or gambling manager a civil penalty of not more
than $500 per violation for a failure to comply with any provision of this
chapter or any rule adopted or order issued by the board. Any organization, distributor, bingo hall
licensee distributor salesperson, gambling manager, linked bingo
game provider, or manufacturer assessed a civil penalty under this paragraph
may request a hearing before the board.
Appeals of citations imposing a civil penalty are not subject to the
provisions of the Administrative Procedure Act.
(c) All penalties received by the board must be deposited in
the general fund.
(d) All fees imposed by the board under sections 349.16 to
349.167 must be deposited in the state treasury and credited to a lawful
gambling regulation account in the special revenue fund. Receipts in this account are available for
the operations of the board up to the amount authorized in biennial appropriations
from the legislature.
Sec. 8. Minnesota
Statutes 2004, section 349.151, subdivision 4b, is amended to read:
Subd. 4b. [PULL-TAB
SALES FROM DISPENSING DEVICES.] (a) The board may by rule authorize but not
require the use of pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on any
permitted premises to three; and
(2) must limit the use of pull-tab dispensing devices to a
permitted premises which is (i) a licensed premises for on-sales of
intoxicating liquor or 3.2 percent malt beverages; or (ii) a licensed bingo
hall that allows gambling only by premises where bingo is conducted and
admission is restricted to persons 18 years or older.
(c) Notwithstanding rules adopted under paragraph (b), pull-tab
dispensing devices may be used in establishments licensed for the off-sale of
intoxicating liquor, other than drugstores and general food stores licensed
under section 340A.405, subdivision 1.
Sec. 9. Minnesota Statutes
2004, section 349.151, is amended by adding a subdivision to read:
Subd. 4c.
[ELECTRONIC BINGO.] (a) The board may by rule authorize but not
require the use of electronic bingo devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of bingo faces that can be played
using an electronic bingo device to 36;
(2) must require that an electronic bingo device be used
with corresponding bingo paper sheets;
(3) must require that the electronic bingo device site
system have dial-up capability to permit the board to remotely monitor the
operation of the device and the internal accounting systems; and
(4) must prohibit the price of a face played on an
electronic bingo device from being less than the price of a face on a bingo
paper sheet sold at the same occasion.
Sec. 10. Minnesota
Statutes 2004, section 349.152, subdivision 2, is amended to read:
Subd. 2. [DUTIES OF
DIRECTOR.] The director has the following duties:
(1) to carry out gambling policy established by the board;
(2) to employ and supervise personnel of the board;
(3) to advise and make recommendations to the board on rules,
policy, and legislative initiatives;
(4) to approve or deny operational requests from licensees
as delegated by the board;
(5) to issue licenses and premises permits as authorized
by the board;
(5) (6) to issue cease and desist orders;
(6) (7) to make recommendations to the board on
license issuance, denial, censure, suspension and revocation, civil penalties,
and corrective action the board imposes;
(7) (8) to ensure that board rules, policy, and
decisions are adequately and accurately conveyed to the board's licensees;
(8) (9) to conduct investigations, inspections,
compliance reviews, and audits under this chapter; and
(9) (10) to issue subpoenas to compel the
attendance of witnesses and the production of documents, books, records, and
other evidence relating to an investigation, compliance review, or audit the
director is authorized to conduct.
Sec. 11. Minnesota
Statutes 2004, section 349.153, is amended to read:
349.153 [CONFLICT OF INTEREST.]
(a) A person may not serve on the board, be the director, or be
an employee of the board who has an interest in any corporation, association,
limited liability company, or partnership that is licensed by the board as a
distributor, manufacturer, or linked bingo game provider, or bingo
hall under section 349.164.
(b) A member of the board, the director, or an employee of the
board may not accept employment with, receive compensation directly or
indirectly from, or enter into a contractual relationship with an organization
that conducts lawful gambling, a distributor, a linked bingo game provider, a
bingo hall, or a manufacturer while employed with or a member of the board
or within one year after terminating employment with or leaving the board.
(c) A distributor, bingo hall, manufacturer, linked
bingo game provider, or organization licensed to conduct lawful gambling may
not hire a former employee, director, or member of the Gambling Control Board
for one year after the employee, director, or member has terminated employment
with or left the Gambling Control Board.
Sec. 12. Minnesota
Statutes 2004, section 349.155, subdivision 3, is amended to read:
Subd. 3. [MANDATORY
DISQUALIFICATIONS.] (a) In the case of licenses for manufacturers,
distributors, distributor salespersons, bingo halls, linked bingo game
providers, and gambling managers, the board may not issue or renew a license
under this chapter, and shall revoke a license under this chapter, if the
applicant or licensee, or a director, officer, partner, governor, or person in
a supervisory or management position of the applicant or licensee:
(1) has ever been convicted of a felony or a crime involving
gambling;
(2) has ever been convicted of (i) assault, (ii) a criminal
violation involving the use of a firearm, or (iii) making terroristic threats;
(3) is or has ever been connected with or engaged in an illegal
business;
(4) owes $500 or more in delinquent taxes as defined in section
270.72;
(5) had a sales and use tax permit revoked by the commissioner
of revenue within the past two years; or
(6) after demand, has not filed tax returns required by the
commissioner of revenue. The board may
deny or refuse to renew a license under this chapter, and may revoke a license
under this chapter, if any of the conditions in this paragraph are applicable
to an affiliate or direct or indirect holder of more than a five percent
financial interest in the applicant or licensee.
(b) In the case of licenses for organizations, the board may
not issue or renew a license under this chapter, and shall revoke a license
under this chapter, if the organization, or an officer or member of the
governing body of the organization:
(1) has been convicted of a felony or gross misdemeanor within
the five years before the issuance or renewal of the license involving
theft or fraud;
(2) has ever been convicted of a crime involving gambling; or
(3) has had a license issued by the board or director
permanently revoked for violation of law or board rule.
Sec. 13. Minnesota
Statutes 2004, section 349.16, subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF
GAMBLING LICENSES.] (a) Licenses authorizing organizations to conduct lawful
gambling may be issued by the board to organizations meeting the qualifications
in paragraphs (b) to (h) if the board determines that the license is consistent
with the purpose of sections 349.11 to 349.22.
(b) The organization must have been in existence for the most
recent three years preceding the license application as a registered Minnesota
nonprofit corporation or as an organization designated as exempt from the
payment of income taxes by the Internal Revenue Code.
(c) The organization at the time of licensing must have at
least 15 active members.
(d) The organization must not be in existence solely for the
purpose of conducting gambling.
(e) The organization has identified in its license application
the lawful purposes on which it proposes to expend net profits from lawful
gambling.
(f) The organization has identified on its license application
a gambling manager and certifies that the manager is qualified under this
chapter.
(g) The organization must not, in the opinion of the board
after consultation with the commissioner of revenue, be seeking licensing
primarily for the purpose of evading or reducing the tax imposed by section
297E.02, subdivision 6.
(h) The organization has not exceeded the expenditure
restrictions imposed under section 349.15, subdivision 1, or, if the
organization has exceeded the expenditure restrictions imposed under section
349.15, subdivision 1, the organization has reimbursed any excess expenses from
nongambling funds.
Sec. 14. Minnesota
Statutes 2004, section 349.16, subdivision 8, is amended to read:
Subd. 8. [LOCAL
INVESTIGATION FEE.] A statutory or home rule charter city or county notified
under section 349.213, subdivision 2, may assess an investigation fee on
organizations or bingo halls applying for or renewing a premises permit or
a bingo hall license. An
investigation fee may not exceed the following limits:
(1) for cities of the first class, $500;
(2) for cities of the second class, $250;
(3) for all other cities, $100; and
(4) for counties, $375.
Sec. 15. Minnesota
Statutes 2004, section 349.161, subdivision 5, is amended to read:
Subd. 5. [PROHIBITION.]
(a) No distributor, distributor salesperson, or other employee of a
distributor, may also be a wholesale distributor of alcoholic beverages or an
employee of a wholesale distributor of alcoholic beverages.
(b) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor, may: (1) be involved in the conduct of lawful
gambling by an organization; (2) keep or assist in the keeping of an
organization's financial records, accounts, and inventories; or (3) prepare or
assist in the preparation of tax forms and other reporting forms required to be
submitted to the state by an organization.
(c) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
provide a lessor of gambling premises any compensation, gift, gratuity, premium,
or other thing of value.
(d) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
provide an employee or agent of the organization any compensation, gift,
gratuity, premium, or other thing of value greater than $25 per organization in
a calendar year.
(e) No distributor, distributor salesperson, or any
representative, agent, affiliate, or other employee of a distributor may
participate in any gambling activity at any gambling site or premises where
gambling equipment purchased from that distributor or distributor salesperson
is being used in the conduct of lawful gambling.
(e) (f) No distributor, distributor salesperson,
or any representative, agent, affiliate, or other employee of a distributor may
alter or modify any gambling equipment, except to add a "last ticket
sold" prize sticker.
(f) (g) No distributor, distributor salesperson,
or any representative, agent, affiliate, or other employee of a distributor
may: (1) recruit a person to become a
gambling manager of an organization or identify to an organization a person as
a candidate to become gambling manager for the organization; or (2) identify
for an organization a potential gambling location.
(g) (h) No distributor or distributor
salesperson may purchase gambling equipment for resale to a person for use
within the state from any person not licensed as a manufacturer under section
349.163, except for gambling equipment returned from an organization licensed
under section 349.16, or exempt or excluded from licensing under section
349.166.
(h) (i) No distributor or distributor salesperson
may sell gambling equipment to any person for use in Minnesota other than (i) a
licensed organization or organization excluded or exempt from licensing, or
(ii) the governing body of an Indian tribe.
(i) (j) No distributor or distributor salesperson
may sell or otherwise provide a pull-tab or tipboard deal with the symbol
required by section 349.163, subdivision 5, paragraph (h) (d),
visible on the flare to any person other than in Minnesota to a licensed
organization or organization exempt from licensing.
Sec. 16. Minnesota
Statutes 2004, section 349.162, subdivision 1, is amended to read:
Subdivision 1. [STAMP
REGISTRATION REQUIRED.] (a) A distributor may not sell, transfer,
furnish, or otherwise provide to a person, and no person may purchase, borrow,
accept, or acquire from a distributor gambling equipment for use within the
state unless the equipment has been registered with the board and has a
registration stamp affixed, except for gambling equipment not stamped by the
manufacturer pursuant to section 349.163, subdivision 5 or 8. Each stamp must bear a registration number
assigned by the board.
(b) A manufacturer must return all unused registration
stamps in its possession to the board by February 1, 1995. No manufacturer may possess unaffixed
registration stamps after February 1, 1995.
(c) After February 1, 1996, no person may possess any
unplayed pull-tab or tipboard deals with a registration stamp affixed to the
flare or any unplayed paddleticket cards with a registration stamp affixed to
the master flare. This paragraph does
not apply to unplayed pull-tab or tipboard deals with a registration stamp
affixed to the flare, or to unplayed paddleticket cards with a registration
stamp affixed to the master flare, if the deals or cards are identified on a
list of existing inventory submitted by a licensed organization or a licensed
distributor, in a format prescribed by the commissioner of revenue, to the
commissioner of revenue on or before February 1, 1996 or the Department
of Revenue in a manner prescribed by the board or the Department of Revenue. Gambling equipment kept in violation of this
paragraph subdivision is contraband under section 349.2125.
Sec. 17. Minnesota
Statutes 2004, section 349.162, subdivision 4, is amended to read:
Subd. 4. [PROHIBITION.]
(a) No person other than a licensed distributor or licensed manufacturer
may possess unaffixed registration stamps issued by the board for the
purpose of registering gambling equipment.
(b) Unless otherwise provided in this chapter, no person may
possess gambling equipment that has not been stamped and registered.
(c) On and after January 1, 1991, no distributor may:
(1) sell a bingo hard card or paper sheet that does not bear an
individual number; or
(2) sell a package of bingo paper sheets that does not contain
bingo paper sheets in numerical order.
Sec. 18. Minnesota
Statutes 2004, section 349.162, subdivision 5, is amended to read:
Subd. 5. [SALES FROM
FACILITIES.] (a) All gambling equipment purchased or possessed by a licensed
distributor for resale to any person for use in Minnesota must, prior to the
equipment's resale, be unloaded into a storage facility located in Minnesota
which the distributor owns or leases; and which has been registered, in advance
and in writing, with the
Division of Alcohol and Gambling Enforcement as a storage facility of the
distributor. All unregistered gambling
equipment and all unaffixed registration stamps owned by, or in the possession
of, a licensed distributor in the state of Minnesota shall be stored at a
storage facility which has been registered with the Division of Alcohol and
Gambling Enforcement. No gambling
equipment may be moved from the facility unless the gambling equipment has been
first registered with the board, except for gambling equipment not stamped
by the manufacturer pursuant to section 349.163, subdivision 5 or 8 or
the Department of Revenue.
(b) Notwithstanding section 349.163, subdivisions 5, 6, and 8,
a licensed manufacturer may ship into Minnesota approved or unapproved gambling
equipment if the licensed manufacturer ships the gambling equipment to a
Minnesota storage facility that is: (1) owned or leased by the licensed
manufacturer; and (2) registered, in advance and in writing, with the Division
of Alcohol and Gambling Enforcement as a manufacturer's storage facility. No gambling equipment may be shipped into
Minnesota to the manufacturer's registered storage facility unless the shipment
of the gambling equipment is reported to the Department of Revenue in a manner
prescribed by the department. No
gambling equipment may be moved from the storage facility unless the gambling
equipment is sold to a licensed distributor and is otherwise in conformity with
this chapter, is shipped to an out-of-state site and the shipment is reported
to the Department of Revenue in a manner prescribed by the department, or is
otherwise sold and shipped as permitted by board rule.
(c) All storage facilities owned, leased, used, or operated by
a licensed distributor or manufacturer may be entered upon and inspected by the
employees of the Division of Alcohol and Gambling Enforcement, the Division of
Alcohol and Gambling Enforcement director's authorized representatives,
employees of the Gambling Control Board or its authorized representatives,
employees of the Department of Revenue, or authorized representatives of the
director of the Division of Special Taxes of the Department of Revenue during
reasonable and regular business hours.
Obstruction of, or failure to permit, entry and inspection is cause for
revocation or suspension of a manufacturer's or distributor's licenses and
permits issued under this chapter.
(d) Unregistered gambling equipment and unaffixed registration
stamps found at any location in Minnesota other than the manufacturing plant of
a licensed manufacturer or a registered storage facility are contraband under
section 349.2125. This paragraph does
not apply:
(1) to unregistered gambling equipment being transported in
interstate commerce between locations outside this state, if the interstate
shipment is verified by a bill of lading or other valid shipping document; and
(2) to gambling equipment not stamped by the manufacturer
pursuant to section 349.163, subdivision 5 or 8 registered with the
Department of Revenue for distribution to the tribal casinos.
Sec. 19. Minnesota
Statutes 2004, section 349.163, subdivision 3, is amended to read:
Subd. 3. [PROHIBITED
SALES.] (a) A manufacturer may not:
(1) sell gambling equipment for use or resale within the state
to any person not licensed as a distributor, except that gambling equipment
used exclusively in a linked bingo game may be sold to a licensed linked bingo
provider; or
(2) sell gambling equipment to a distributor in this state that
has the same serial number as another item of gambling equipment of the same
type that is sold by that manufacturer for use or resale in this state.
(b) A manufacturer, affiliate of a manufacturer, or person
acting as a representative or agent of a manufacturer may not provide a lessor
of gambling premises or an appointed official any compensation, gift, gratuity,
premium, contribution, or other thing of value.
(c) A manufacturer may not sell or
otherwise provide a pull-tab or tipboard deal with the symbol required by
subdivision 5, paragraph (h) (d), imprinted on the flare to any
person other than a licensed distributor unless the manufacturer first renders
the symbol permanently invisible.
Sec. 20. Minnesota
Statutes 2004, section 349.1635, subdivision 4, is amended to read:
Subd. 4. [PROHIBITION.]
(a) Except for services associated exclusively with a linked bingo game, a
linked bingo game provider may not participate or assist in the conduct of
lawful gambling by an organization. No
linked bingo game provider may:
(1) also be licensed as a bingo hall or hold any
financial or managerial interest in a premises leased for the conduct of
bingo hall;
(2) also be licensed as a distributor or hold any financial or
managerial interest in a distributor;
(3) sell or lease linked bingo game equipment to any person not
licensed as an organization;
(4) purchase gambling equipment to be used exclusively in a
linked bingo game from any person not licensed as a manufacturer under section
349.163; and
(5) provide an organization, a lessor of gambling premises, or
an appointed official any compensation, gift, gratuity, premium, or
contribution.
(b) Employees of the board and the Division of Alcohol and
Gambling Enforcement may inspect the books, records, inventory, and business
premises of a licensed linked bingo game provider without notice during the
normal business hours of the linked bingo game provider. The board may charge a linked bingo game
provider for the actual cost of conducting scheduled or unscheduled inspections
of the licensee's facilities.
Sec. 21. Minnesota
Statutes 2004, section 349.166, subdivision 1, is amended to read:
Subdivision 1.
[EXCLUSIONS.] (a) Bingo, with the exception of linked bingo games, may
be conducted without a license and without complying with sections 349.168,
subdivisions 1 and 2; 349.17, subdivisions 1, 4, and 5; 349.18, subdivision 1;
and 349.19, if it is conducted:
(1) by an organization in connection with a county fair, the
state fair, or a civic celebration and is not conducted for more than 12
consecutive days and is limited to no more than four separate applications for
activities applied for and approved in a calendar year; or
(2) by an organization that conducts four or fewer bingo
occasions in a calendar year.
An organization that holds a license to conduct lawful gambling
under this chapter may not conduct bingo under this subdivision.
(b) Bingo may be conducted within a nursing home or a senior
citizen housing project or by a senior citizen organization if the prizes for a
single bingo game do not exceed $10, total prizes awarded at a single bingo
occasion do not exceed $200, no more than two bingo occasions are held by the
organization or at the facility each week, only members of the organization or
residents of the nursing home or housing project are allowed to play in a bingo
game, no compensation is paid for any persons who conduct the bingo, and a
manager is appointed to supervise the bingo.
Bingo conducted under this paragraph is exempt from sections 349.11 to
349.23, and the board may not require an organization that conducts bingo under
this paragraph, or the manager who supervises the bingo, to register or file a
report with the board. The gross
receipts from bingo conducted under the limitations of this subdivision are
exempt from taxation under chapter 297A.
(c) Raffles may be conducted by an
organization without a license and without complying with sections 349.154
to 349.165 and 349.167 to 349.213 registering with the board if the
value of all raffle prizes awarded by the organization in a calendar year does
not exceed $1,500.
(d) Except as provided in paragraph (b), the organization must
maintain all required records of excluded gambling activity for 3-1/2 years.
Sec. 22. Minnesota
Statutes 2004, section 349.166, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] (a)
Lawful gambling, with the exception of linked bingo games, may be conducted by
an organization without a license and without complying with sections 349.168,
subdivisions 1 and 2; 349.17, subdivisions 4 and 5; 349.18, subdivision 1; and
349.19 if:
(1) the organization conducts lawful gambling on five or fewer
days in a calendar year;
(2) the organization does not award more than $50,000 in prizes
for lawful gambling in a calendar year;
(3) the organization pays a fee of $50 to the board, notifies
the board in writing not less than 30 days before each lawful gambling occasion
of the date and location of the occasion, or 60 days for an occasion held in
the case of a city of the first class, the types of lawful gambling to be
conducted, the prizes to be awarded, and receives an exemption identification
number;
(4) the organization notifies the local government unit 30 days
before the lawful gambling occasion, or 60 days for an occasion held in a city
of the first class;
(5) the organization purchases all gambling equipment and
supplies from a licensed distributor; and
(6) the organization reports to the board, on a single-page
form prescribed by the board, within 30 days of each gambling occasion, the
gross receipts, prizes, expenses, expenditures of net profits from the
occasion, and the identification of the licensed distributor from whom all
gambling equipment was purchased.
(b) If the organization fails to file a timely report as
required by paragraph (a), clause (3) or (6), the board shall not issue any
authorization, license, or permit to the organization to conduct lawful
gambling on an exempt, excluded, or licensed basis until the report has been
filed and the organization may be subject to penalty as determined by the
board.
(c) Merchandise prizes must be valued at their fair market
value.
(d) Organizations that qualify to conduct exempt raffles
under paragraph (a), are exempt from section 349.173, paragraph (b), clause
(2), if the raffle tickets are sold only in combination with an organization's
membership or a ticket for an organization's membership dinner and are not
included with any other raffle conducted under the exempt permit.
(e) Unused pull-tab and tipboard deals must be returned
to the distributor within seven working days after the end of the lawful
gambling occasion. The distributor must
accept and pay a refund for all returns of unopened and undamaged deals
returned under this paragraph.
(e) (f) An organization that is exempt from
taxation on purchases of pull-tabs and tipboards under section 297E.02,
subdivision 4, paragraph (b), clause (4), must return to the distributor any
tipboard or pull-tab deal no part of which is used at the lawful gambling
occasion for which it was purchased by the organization.
(f) (g) The organization must maintain all
required records of exempt gambling activity for 3-1/2 years.
Sec. 23. Minnesota Statutes 2004, section 349.167, subdivision 1, is
amended to read:
Subdivision 1.
[GAMBLING MANAGER REQUIRED.] (a) All lawful gambling conducted by a
licensed organization must be under the supervision of a gambling manager. A gambling manager designated by an
organization to supervise lawful gambling is responsible for the gross receipts
of the organization and for its conduct in compliance with all laws and
rules. A person designated as a
gambling manager shall maintain a fidelity dishonesty bond in the
sum of $10,000 in favor of the organization conditioned on the faithful
performance of the manager's duties.
The terms of the bond must provide that notice be given to the board in
writing not less than 30 days before its cancellation.
(b) A person may not act as a gambling manager for more than
one organization.
(c) An organization may not conduct lawful gambling without
having a gambling manager.
(d) An organization may not have more than one gambling manager
at any time.
Sec. 24. Minnesota
Statutes 2004, section 349.168, subdivision 8, is amended to read:
Subd. 8. [PERCENTAGE OF
GROSS PROFIT PAID.] (a) A licensed organization may pay a percentage of
the gross profit from raffle ticket sales to a nonprofit organization that
sells raffle tickets for the licensed organization.
(b) A licensed organization may compensate an employee of
the organization for the sale of gambling equipment at a bar operation if the
frequency of the activity is one day or less per week and the games are limited
to 32 chances or less per game. For
purposes of this paragraph, an employee shall not be a lessor, an employee of
the lessor, or an immediate family member of the lessor.
Sec. 25. Minnesota
Statutes 2004, section 349.17, subdivision 5, is amended to read:
Subd. 5. [BINGO CARDS
AND SHEETS.] (a) The board shall by rule require that all licensed
organizations: (1) conduct bingo only
using liquid daubers on bingo paper sheets that bear an individual number
recorded by the distributor or linked bingo game provider; and (2) use
each bingo paper sheet for no more than one bingo occasion. In lieu of the requirements of clause (2), a
licensed organization may electronically record the sale of each bingo hard
card or paper sheet at each bingo occasion using an electronic recording system
approved by the board.
(b) The requirements of paragraph (a) shall only apply to a
licensed organization that received gross receipts from bingo in excess of
$150,000 in the organization's last fiscal year.
Sec. 26. Minnesota
Statutes 2004, section 349.17, subdivision 7, is amended to read:
Subd. 7. [NOON HOUR
BAR BINGO.] Notwithstanding subdivisions 1 and 3, An organization
may conduct bar bingo subject to the following restrictions:
(1) the bingo is conducted only between the hours of 11:00
a.m. and 2:00 p.m.;
(2) the bingo is conducted at a site the organization
owns or leases and which has a license for the sale of intoxicating beverages
on the premises under chapter 340A;
(3) the bingo is limited to one progressive bingo game per
site as defined by section 349.211, subdivision 2;
(4) (2) the bingo is conducted using only bingo
paper sheets purchased from a licensed distributor;
(5) if the premises are leased, the
(3) no rent may not exceed $25 per day for each day bingo is
conducted be paid for a bar bingo occasion; and
(6) (4) linked bingo games may not be conducted
at a noon hour bar bingo occasion.
Sec. 27. Minnesota
Statutes 2004, section 349.1711, subdivision 1, is amended to read:
Subdivision 1. [SALE OF
TICKETS.] Tipboard games must be played using only tipboard tickets that are
either (1) attached to a placard and arranged in columns or rows, or (2)
separate from the placard and contained in a receptacle while the game is in
play. The placard serves as the game
flare. The placard must contain a seal
that conceals the winning number or symbol.
When a tipboard ticket is purchased and opened from a game containing
more than 32 tickets, each player having a tipboard ticket with one or more
predesignated numbers or symbols must sign the placard at the line indicated by
the number or symbol on the tipboard ticket.
Sec. 28. Minnesota
Statutes 2004, section 349.173, is amended to read:
349.173 [CONDUCT OF RAFFLES.]
(a) Raffle tickets or certificates of participation
at a minimum must list the three most expensive prizes to be awarded. If additional prizes will be awarded that
are not contained on the raffle ticket, the raffle ticket must contain the
statement "A complete list of additional prizes is available upon
request.", a complete list of additional prizes must be publicly
posted at the event and copies of the complete prize list made available upon
request. Notwithstanding section
349.12, subdivision 33, raffles conducted under the exemptions in section
349.166 may use tickets that contain only the sequential number of the raffle
ticket and no other information if the organization makes a list of prizes and
a statement of other relevant information required by rule available to persons
purchasing tickets and if tickets are only sold at the event and on the date
when the tickets are drawn.
(b) Raffles must be conducted in a manner that ensures:
(1) all entries in the raffle have an equal chance of
selection;
(2) entry in the raffle is not conditional upon any other
purchase;
(3) the method of selection is conducted in a public forum;
(4) the method of selection cannot be manipulated or based
on the outcome of an event not under the control of the organization;
(5) physical presence at the raffle is not a requirement to
win; and
(6) all sold and unsold tickets or certificates of
participation are accounted for.
(c) Methods of selecting winning entries from a raffle other
than prescribed in rule may be used with the prior written approval of the
board.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 29. Minnesota
Statutes 2004, section 349.18, subdivision 1, is amended to read:
Subdivision 1. [LEASE
OR OWNERSHIP REQUIRED; RENT LIMITATIONS.] (a) An organization may conduct
lawful gambling only on premises it owns or leases. Leases must be on a form prescribed by the board. Except for leases entered into before August
1, 1994, the term of the lease may not begin before the effective date of the
premises permit and must expire on the same day that the premises permit
expires. Copies of all leases must be
made available to employees of the board and the Division of Alcohol and
Gambling Enforcement on request. The
board may prescribe by rule limits on the amount of rent which an organization
may pay to a lessor for premises leased for bingo. Any rule adopted by the board limiting the amount of rent to be
paid may only be effective for leases entered into, or renewed, after the
effective date of the rule.
(b) Rent paid by an organization for leased premises for the
conduct of pull-tabs, tipboards, and paddlewheels is subject to the
following limits:
(1) for booth operations, including booth operations where a
pull-tab dispensing device is located, booth operations where a bar operation
is also conducted, and booth operations where both a pull-tab dispensing device
is located and a bar operation is also conducted, the maximum rent is:
(i) in any month where the organization's gross profit at those
premises does not exceed $4,000, up to $400; and
(ii) in any month where the organization's gross profit at
those premises exceeds $4,000, up to $400 plus not more than ten percent of the
gross profit for that month in excess of $4,000;
(2) for bar operations, including bar operations where a
pull-tab dispensing device is located but not including bar operations subject
to clause (1), and for locations where only a pull-tab dispensing device is
located:
(i) in any month where the organization's gross profit at those
premises does not exceed $1,000, up to $200; and
(ii) in any month where the organization's gross profit at
those premises exceeds $1,000, up to $200 plus not more than 20 percent of the
gross profit for that month in excess of $1,000;
(3) a lease not governed by clauses (1) and (2) must be
approved by the board before becoming effective;
(4) total rent paid to a lessor from all organizations from
leases governed by clause (1) may not exceed $1,750 per month. Total rent paid to a lessor from all
organizations from leases governed by clause (2) may not exceed $2,500 per
month.;
(5) notwithstanding clauses (1) to (4), the board may
prohibit an organization from paying rent to a lessor if illegal gambling
occurred at the site and the lessor or its employees knew of or participated in
the illegal gambling.
(c) Rent paid by an organization for leased premises for the
conduct of bingo is subject to either of the following limits at the option of
the parties to the lease:
(1) not more than ten percent of the monthly gross profit
from all lawful gambling activities held during bingo occasions excluding bar
bingo or at a rate based on a cost per square foot not to exceed 110 percent of
a comparable cost per square foot for leased space as approved by the director;
and
(2) no rent may be paid for bar bingo.
(d)
(d) (e) Notwithstanding paragraph (b), an
organization may pay a lessor for food or beverages or meeting room rental if
the charge made is comparable to similar charges made to other individuals or
groups.
(e) (f) No person, distributor, manufacturer, lessor,
linked bingo game provider, or organization other than the licensed
organization leasing the space may conduct any activity other than the sale or
serving of food and beverages on the leased premises during times when lawful
gambling is being conducted on the premises.
(f) (g) At a site where the leased premises
consists of an area on or behind a bar at which alcoholic beverages are sold
and employees of the lessor are employed by the organization as pull-tab
sellers at the site, pull-tabs and tipboard tickets may be sold and redeemed by
those employees at any place on or behind the bar, but the tipboards and
receptacles for pull-tabs and cash drawers for lawful gambling receipts must be
maintained only within the leased premises.
(g) (h) Employees of a lessor or employees of
an organization may participate in lawful gambling on the premises provided
(1) if pull-tabs or tipboards are sold, the organization voluntarily posts, or
is required to post, the major prizes as specified in section 349.172; and (2)
any employee of the lessor participating in lawful gambling is not a
gambling employee for the organization conducting lawful gambling on the
premises.
(h) (i) A gambling employee may purchase
pull-tabs or tipboards at the site of the employee's place of employment
provided:
(1) the organization voluntarily posts, or is required to post,
the major prizes for pull-tab or tipboard games as specified in section
349.172; and
(2) the employee is not involved in the sale of pull-tabs or
tipboards at that site.
(i) (j) At a leased site where an organization
uses a paddlewheel consisting of 30 numbers or less or a tipboard consisting of
30 tickets or less, tickets may be sold throughout the permitted premises, but
winning tickets must be redeemed, the paddlewheel must be located, and the
tipboard seal must be opened within the leased premises.
(j) (k) A member of the lessor's immediate family
may not be a compensated employee of an organization leasing space at the
premises. For purposes of this
paragraph, a "member of the immediate family" is a spouse, parent,
child, or sibling.
Sec. 30. Minnesota
Statutes 2004, section 349.19, subdivision 4, is amended to read:
Subd. 4.
[DISCREPANCIES.] If at a bingo occasion a discrepancy of more than $20
$50 is found between the gross receipts as reported by the checkers and
the gross receipts determined by adding the cash receipts, the discrepancy must
be reported to the board within five days of the bingo occasion.
Sec. 31. Minnesota
Statutes 2004, section 349.19, subdivision 10, is amended to read:
Subd. 10. [PULL-TAB
RECORDS.] (a) The board shall by rule require a licensed organization to
require each winner of a pull-tab prize of $50 or more to present
identification in the form of a driver's license, Minnesota identification
card, or other identification the board deems sufficient to allow the
identification and tracing of the winner.
The rule must require the organization to retain winning pull-tabs of
$50 or more, and the identification of the winner of the pull-tab, for 3-1/2
years.
(b) An organization must maintain separate cash banks for each
deal of pull-tabs unless (1) two or more deals are commingled in a single
receptacle pull-tab dispensing device, or (2) the organization uses
a cash register, of a type approved by the board, which records all sales of
pull-tabs by separate deals.
(c) The board shall:
(1) by rule adopt minimum technical standards for cash
registers that may be used by organizations, and shall approve for use by
organizations any cash register that meets the standards,; and
(2) before allowing an organization to use a cash register that
commingles receipts from several different pull-tab games in play, adopt rules
that define how cash registers may be used and that establish a procedure for
organizations to reconcile all pull-tab games in play at the end of each month.
Sec. 32. Minnesota
Statutes 2004, section 349.211, subdivision 2c, is amended to read:
Subd. 2c. [TIPBOARD
PRIZES.] The maximum prize which may be awarded for a tipboard ticket is $500
$599, not including any cumulative or carryover prizes. Cumulative or carryover prizes in tipboard
games shall not exceed $2,500.
Sec. 33. Minnesota
Statutes 2004, section 349.2125, subdivision 1, is amended to read:
Subdivision 1.
[CONTRABAND DEFINED.] The following are contraband:
(1) all pull-tab or tipboard deals or paddleticket cards not stamped
or bar coded in accordance with this chapter or chapter 297E;
(2) all pull-tab or tipboard deals in the possession of any
unlicensed person, firm, or organization, whether stamped or unstamped;
(3) any container used for the storage and display of any
contraband pull-tab or tipboard deals as defined in clauses (1) and (2);
(4) all currency, checks, and other things of value used for
pull-tab or tipboard transactions not expressly permitted under this chapter,
and any cash drawer, cash register, or any other container used for illegal
pull-tab or tipboard transactions including its contents;
(5) any device including, but not limited to, motor vehicles,
trailers, snowmobiles, airplanes, and boats used, with the knowledge of the
owner or of a person operating with the consent of the owner, for the storage
or transportation of more than five pull-tab or tipboard deals that are
contraband under this subdivision. When
pull-tabs and tipboards are being transported in the course of interstate
commerce between locations outside this state, the pull-tab and tipboard deals
are not contraband, notwithstanding the provisions of clauses (1) and (12);
(6) any unaffixed registration stamps except as provided in
section 349.162, subdivision 4;
(7) any prize used or offered in a game utilizing
contraband as defined in this subdivision;
(8) any altered, modified, or counterfeit pull-tab or tipboard
ticket;
(9) any unregistered gambling equipment except as permitted by
this chapter;
(10) any gambling equipment kept in violation of section
349.18;
(11) any gambling equipment not in conformity with law or board
rule;
(12) any pull-tab or tipboard deal in the possession of a
person other than a licensed distributor or licensed manufacturer for which the
person, upon demand of a licensed peace officer or authorized agent of the
commissioner of revenue or director of alcohol and gambling enforcement, does
not immediately produce for inspection the invoice or a true and correct copy
of the invoice for the acquisition of the deal from a licensed distributor;
(13) any pull-tab or tipboard deals or portions of deals on
which the tax imposed under chapter 297E has not been paid; and
(14) any device prohibited by section 609.76, subdivisions 4 to
6.
Sec. 34. Minnesota
Statutes 2004, section 349.213, is amended to read:
349.213 [LOCAL AUTHORITY.]
Subdivision 1. [LOCAL
REGULATION.] (a) A statutory or home rule city or county has the authority to
adopt more stringent regulation of lawful gambling within its jurisdiction,
including the prohibition of lawful gambling, and may require a permit for the
conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this
subdivision may not exceed $100. The
authority granted by this subdivision does not include the authority to require
a license or permit to conduct gambling by organizations or sales by
distributors or linked bingo game providers licensed by the board. The authority granted by this subdivision
does not include the authority to require an organization to make specific
expenditures of more than ten percent per year from its net profits derived
from lawful gambling. For the purposes
of this subdivision, net profits are gross profits less amounts expended for
allowable expenses and paid in taxes assessed on lawful gambling. A statutory or home rule charter city or a
county may not require an organization conducting lawful gambling within its
jurisdiction to make an expenditure to the city or county as a condition to
operate within that city or county, except as authorized under section 349.16,
subdivision 8, or 297E.02; provided, however, that an ordinance requirement
that such organizations must contribute ten percent per year of their net
profits derived from lawful gambling conducted at premises within the city's or
county's jurisdiction to a fund administered and regulated by the responsible
local unit of government without cost to such fund, for disbursement by the
responsible local unit of government of the receipts for (i) lawful purposes,
or (ii) police, fire, and other emergency or public safety-related services,
equipment, and training, excluding pension obligations, is not considered an
expenditure to the city or county nor a tax under section 297E.02, and is valid
and lawful. A city or county making
expenditures authorized under this paragraph must by March 15 of each year file
a report with the board, on a form the board prescribes, that lists all such
revenues collected and expenditures for the previous calendar year.
(b) A statutory or home rule city or county may by ordinance require
that a licensed organization conducting lawful gambling within its jurisdiction
expend all or a portion of its expenditures for lawful purposes on lawful
purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful
purpose expenditures of gross profits derived from lawful gambling conducted at
premises within the city's or county's jurisdiction, must define the city's or
county's trade area, and must specify the percentage of lawful purpose expenditures
which must be expended within the trade area.
A trade area defined by a city under this subdivision must include each
city and township contiguous to the defining city.
(c) A more stringent regulation or prohibition of lawful
gambling adopted by a political subdivision under this subdivision must apply
equally to all forms of lawful gambling within the jurisdiction of the
political subdivision, except a political subdivision may prohibit the use of
paddlewheels.
Subd. 2. [LOCAL
APPROVAL.] Before issuing or renewing a premises permit or bingo hall
license, the board must notify the city council of the statutory or home
rule city in which the organization's premises or the bingo hall is
located or, if the premises or hall is located outside a city, the
county board of the county and the town board of the town where the premises or
hall is located. The board may
require organizations or bingo halls to notify the appropriate local
government at the time of application.
This required notification is sufficient to constitute the notice
required by this subdivision. The board
may not issue or renew a premises permit or bingo hall license unless
the organization submits a resolution from the city council or county board
approving the premises permit or bingo hall license. The resolution must have been adopted within
90 days of the date of application for the new or renewed permit or license.
Subd. 3. [LOCAL
GAMBLING TAX.] A statutory or home rule charter city that has one or more
licensed organizations operating lawful gambling, and a county that has one or
more licensed organizations outside incorporated areas operating lawful
gambling, may impose a local gambling tax on each licensed organization within
the city's or county's jurisdiction.
The tax may be imposed only if the amount to be received by the city or
county is necessary to cover the costs incurred by the city or county to
regulate lawful gambling. The tax
imposed by this subdivision may not exceed three percent per year of the gross receipts
of a licensed organization from all lawful gambling less prizes actually paid
out by the organization. A city or
county may not use money collected under this subdivision for any purpose other
than to regulate lawful gambling. All
documents pertaining to site inspections, fines, penalties, or other corrective
action involving local lawful gambling regulation must be shared with the board
within 30 days of filing at the city or county of jurisdiction. A tax imposed under this subdivision is in
lieu of all other local taxes and local investigation fees on lawful
gambling. A city or county that imposes
a tax under this subdivision shall annually, by March 15, file a report with
the board in a form prescribed by the board showing (1) the amount of revenue
produced by the tax during the preceding calendar year, and (2) the use of the
proceeds of the tax.
Sec. 35. Minnesota
Statutes 2004, section 609.75, subdivision 1, is amended to read:
Subdivision 1.
[LOTTERY.] (a) A lottery is a plan which provides for the distribution
of money, property or other reward or benefit to persons selected by chance
from among participants some or all of whom have given a consideration for the
chance of being selected. A participant's
payment for use of a 900 telephone number or another means of communication
that results in payment to the sponsor of the plan constitutes consideration
under this paragraph.
(b) An in-package chance promotion is not a lottery if all of
the following are met:
(1) participation is available, free and without purchase of
the package, from the retailer or by mail or toll-free telephone request to the
sponsor for entry or for a game piece;
(2) the label of the promotional package and any related
advertising clearly states any method of participation and the scheduled
termination date of the promotion;
(3) the sponsor on request provides a retailer with a supply of
entry forms or game pieces adequate to permit free participation in the
promotion by the retailer's customers;
(4) the sponsor does not misrepresent a participant's chances
of winning any prize;
(5) the sponsor randomly distributes
all game pieces and maintains records of random distribution for at least one
year after the termination date of the promotion;
(6) all prizes are randomly awarded if game pieces are not used
in the promotion; and
(7) the sponsor provides on request of a state agency a record
of the names and addresses of all winners of prizes valued at $100 or more, if
the request is made within one year after the termination date of the
promotion.
(c) Except as provided by section 349.40, acts in this state in
furtherance of a lottery conducted outside of this state are included
notwithstanding its validity where conducted.
(d) The distribution of property, or other reward or benefit by
an employer to persons selected by chance from among participants who,
all of whom:
(1) have made a
contribution through a payroll or pension deduction campaign to a registered
combined charitable organization, within the meaning of section 309.501; or
(2) have paid other consideration to the employer entirely
for the benefit of such a registered combined charitable organization, as a
precondition to the chance of being selected, is not a lottery if:
(1) (i) all of the persons eligible to be
selected are employed by or retirees of the employer; and
(2) (ii) the cost of the property or other reward
or benefit distributed and all costs associated with the distribution are borne
by the employer.
Sec. 36. [SPORTS-THEMED
TIPBOARDS.]
Subdivision 1.
[PILOT PROJECT.] (a) The Gambling Control Board shall conduct a pilot
program involving the conduct of sports-themed tipboards. For purposes of this section, a
"sports-themed tipboard" means a board or placard that is not
required to contain a seal, but for which the winning numbers are determined
based upon the last number of the scores at specified intervals of a
professional sporting event. The board
is responsible for all costs associated with the pilot project.
(b) In conducting the pilot project, the board shall provide
for operation procedures, internal control standards, posted information,
records, and reports. The board must
also provide for the award of prizes, method of payout, wagers, determination
of winners, and the specifications of sports-themed tipboards. Cash or merchandise prizes may be awarded,
however, the maximum prize which may be awarded for a sports-themed tipboard is
$500. A chance for a sports-themed
tipboard may not be sold for more than $10.
(c) Sales of sports-themed tipboards are limited to
organizations that are currently licensed to conduct lawful gambling under
Minnesota Statutes, chapter 349. The
board shall select ten sites for the conduct of sports-themed tipboards. In selecting sites, the board shall maintain
geographic balance.
Subd. 2.
[REPORT.] The board shall prepare a report to the governor and the
legislature on the results of the pilot project by February 15, 2006. The report must identify additional costs of
the sports-themed tipboards, if any, that would be incurred by other state
government agencies.
Subd. 3.
[SUNSET.] This section expires January 15, 2006.
Sec. 37. [REPEALER.]
Minnesota Statutes 2004, sections 349.162, subdivision 3;
349.164; and 349.17, subdivision 1, are repealed.
ARTICLE
2
LOTTERY SERVICE BUSINESS
Section 1. [299L.09]
[LOTTERY SERVICE BUSINESS.]
Subdivision 1.
[DEFINITION.] For purposes of this section:
(a) A "lottery service business" is a commercial
enterprise that for a fee or commission purchases lottery tickets on behalf of
customers or subscribers.
(b) "Division" means the Division of Alcohol and
Gambling Enforcement in the Department of Public Safety.
(c) "Commissioner" means the commissioner of
public safety acting through the division.
(d) "Disqualifying offense" means any felony,
gross misdemeanor, and any criminal offense involving fraud, misrepresentation,
or deceit.
Subd. 2.
[REQUIRED STATEMENTS.] (a) All print advertising in any medium
published by or on behalf of a lottery service business, and all print
communications intended to solicit members, including Internet solicitations,
for each lottery pool or subscription service offered, must contain a clear and
prominent statement that discloses to the subscriber, either in print or in
electronic format, a statement that describes how much of each subscriber's
fees are used to buy tickets.
(b) All advertising and solicitation described in paragraph
(a) must contain the following statement in clear and readable type: "This business is not affiliated with
and is not an agent of the Minnesota State Lottery."
Subd. 3.
[PROHIBITIONS.] (a) A lottery service business may not accept as a
customer or subscriber any person under age 18, or make a payment of lottery
winnings to a person under age 18.
(b) Except as necessary for the lottery service business to
fill a pool, a lottery service business and any officer, director, or employee
of the business may not have any stake or own any shares in any lottery pool it
creates for customers or subscribers.
Subd. 4.
[LOTTERY PRIZE ACCOUNT.] A lottery service business must deposit all
money received as winnings from lottery tickets bought for or on behalf of
customers or subscribers into a lottery prize account that it maintains
separately from all other accounts of the business. The business may expend money from the account, including
interest thereon, only to pay winnings to customers or subscribers and to make
payments required under subdivision 5.
Subd. 5.
[UNCLAIMED PRIZES.] (a) A lottery service business must make all
good-faith efforts to distribute money in its lottery prize account to
customers and subscribers entitled thereto.
(b) Any money deposited in the lottery prize account that
has not been distributed to customers or subscribers as winnings within one
year after the date of deposit becomes an unclaimed prize. A lottery service business must transmit all
unclaimed prizes, including all interest earned thereon while the prize was in
the lottery prize account, to the director of the State Lottery. All unclaimed prizes must be transmitted
within four months after the prize became an unclaimed prize. Transmission of unclaimed prizes shall occur
on January 15, April 15, July 15, and October 15 of each year. The director of the State Lottery shall
deposit all payments under this subdivision in the general fund. This subdivision does not apply if the
amount of money in the account is less than $25.
Subd. 6. [BOOKS AND RECORDS.] A lottery service
business must keep a complete accounting and all records necessary to show
fully the lottery service business's lottery transactions, including incoming
revenue, tickets purchased, and winnings distributed.
[EFFECTIVE DATE.] Article
2 is effective August 1, 2005.
ARTICLE
3
VIDEO
GAME OF CHANCE
Section 1. Minnesota
Statutes 2004, section 609.75, subdivision 8, is amended to read:
Subd. 8. [VIDEO GAME OF
CHANCE.] A video game of chance is a game or device that simulates one or more
games commonly referred to as poker, blackjack, craps, hi-lo, roulette, or
other common gambling forms, though not offering any type of pecuniary award or
gain to players. The term also includes
any video game having one or more of the following characteristics:
(1) it is primarily a game of chance, and has no substantial
elements of skill involved;
(2) it awards game credits or replays and contains a meter or
device that records unplayed credits or replays. A video game that simulates horse racing that does not involve
a prize payout is not a video game of chance.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE
4
SOCIAL
SKILL GAME
Section 1. Minnesota
Statutes 2004, section 609.761, subdivision 3, is amended to read:
Subd. 3. [SOCIAL SKILL
GAME.] Sections 609.755 and 609.76 do not prohibit tournaments or contests that
satisfy all of the following requirements:
(1) the tournament or contest consists of the card games of chance
commonly known as cribbage, skat, sheephead, bridge, euchre, pinochle, gin,
500, smear, Texas hold'em, or whist;
(2) the tournament or contest does not provide any direct
financial benefit to the promoter or organizer; and
(3) the sum value of all prizes awarded for each
tournament or contest does not exceed $200; and
(4) for a tournament or contest involving Texas hold'em:
(i) the payment of an entry fee or other consideration for
participating is prohibited;
(ii) the value of all prizes awarded to an individual winner
of a tournament or contest at a single location may not exceed $200 each day;
and
(iii) the organizer or promoter must ensure that reasonable
accommodations are made for players with disabilities. Accommodations to the table and the cards
shall include the announcement of the cards visible to the entire table and the
use of Braille cards for players who are blind.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to acts
committed on or after that date."
Delete the title and insert:
"A bill for an act relating to gaming; amending various
provisions relating to lawful gambling; amending and providing definitions;
making technical, clarifying, and conforming changes; providing for
sports-themed tipboard games; providing for electronic bingo; regulating
lottery service businesses; authorizing certain video games of chance and
social skill games; amending Minnesota Statutes 2004, sections 349.12,
subdivisions 5, 25, 33, by adding subdivisions; 349.15, subdivision 1; 349.151,
subdivisions 4, 4b, by adding a subdivision; 349.152, subdivision 2; 349.153;
349.155, subdivision 3; 349.16, subdivisions 2, 8; 349.161, subdivision 5;
349.162, subdivisions 1, 4, 5; 349.163, subdivision 3; 349.1635, subdivision 4;
349.166, subdivisions 1, 2; 349.167, subdivision 1; 349.168, subdivision 8;
349.17, subdivisions 5, 7; 349.1711, subdivision 1; 349.173; 349.18,
subdivision 1; 349.19, subdivisions 4, 10; 349.211, subdivision 2c; 349.2125,
subdivision 1; 349.213; 609.75, subdivisions 1, 8; 609.761, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 299L; repealing
Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164; 349.17,
subdivision 1."
The motion prevailed and the amendment was adopted.
Hackbarth moved to amend S. F. No. 1555, as amended, as
follows:
Page 39, line 13, after "Any" insert "prizewinning"
Page 39, line 15, delete "deposit" and insert
"the drawing"
Page 39, line 16, after the period, insert "On July 1
of each year,"
Page 39, line 18, delete everything after the second "the"
and insert "commissioner."
Page 39, delete lines 19 to 22
Page 39, line 23, delete "Lottery" and insert
"The commissioner"
Page 39, line 25, before "money" insert "prizewinning"
The motion prevailed and the amendment was adopted.
S. F. No. 1555, A bill for an act relating to gambling;
amending various provisions relating to lawful gambling; amending and providing
definitions; making technical, clarifying, and conforming changes; amending
Minnesota Statutes 2004, sections 349.12, subdivisions 5, 25, 33, by adding
subdivisions; 349.15, subdivision 1; 349.151, subdivisions 4, 4b; 349.152,
subdivision 2; 349.153; 349.155, subdivision 3; 349.16, subdivisions 2, 8;
349.161, subdivision 5; 349.162, subdivisions 1, 4, 5; 349.163, subdivision 3;
349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167, subdivision 1;
349.168, subdivision 8; 349.17, subdivisions 5, 7; 349.1711, subdivision 1;
349.173; 349.18, subdivision 1; 349.19, subdivisions 4, 5, 10; 349.211,
subdivision 2c; 349.2125, subdivision 1; 349.213; 609.75, subdivision 1;
repealing Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164;
349.17, subdivision 1.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the
roll was called. There were 112 yeas
and 21 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Bernardy
Clark
Davnie
Dempsey
Eastlund
Ellison
Hausman
Holberg
Hornstein
Huntley
Kahn
Kelliher
Koenen
Lesch
Loeffler
Olson
Otremba
Paymar
Sieben
Wagenius
Walker
The bill was passed, as amended, and its title agreed to.
S. F. No. 370, A bill for an act relating to elections;
increasing news media access to polling places; amending Minnesota Statutes
2004, section 204C.06, subdivision 8.
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 123 yeas and 10
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Dean
Eastlund
Holberg
Krinkie
Olson
Paulsen
Peppin
Vandeveer
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
H. F. No. 2121 was reported to the House.
Johnson, J., moved to amend H. F. No. 2121, the first
engrossment, as follows:
Page 1, line 12, delete "computerized"
Page 1, line 24, delete "computerized"
Page 2, delete lines 5 to 10 and insert:
"(c) The notification required by this section may be
delayed to a date certain if a law enforcement agency affirmatively determines
that the notification will impede a criminal investigation."
Page 2, line 19, delete everything after the period
Page 2, delete lines 20 to 24
Page 3, line 35, delete "1,000" and insert
"500"
Page 3, line 36, delete "without unreasonable delay"
and insert "within 48 hours"
Page 4, line 17, delete "the day following final
enactment" and insert "January 1, 2006"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker called Ozment to the Chair.
Clark and Mullery moved to amend H. F. No. 2121, the first
engrossment, as amended, as follows:
Page 4, line 14, after "general" insert "and
any individual injured by a violation of this section"
A roll call was requested and properly seconded.
The question was taken on the Clark and Mullery amendment and
the roll was called. There were 67 yeas
and 66 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Opatz
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion prevailed and the amendment was adopted.
Johnson, J., moved that H. F. No. 2121, as
amended, be temporarily laid over on the Calendar for the Day. The motion prevailed.
S. F. No. 1479, A bill for an act relating to spousal
maintenance; authorizing the Department of Human Services to collect spousal
maintenance; amending Minnesota Statutes 2004, sections 518.54, subdivisions
4a, 14, by adding a subdivision; 518.551, subdivision 1.
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 133 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
The Speaker resumed the Chair.
S. F. No. 1819, A bill for an act relating to building
officials; requiring adoption and application of certain competency and
certification criteria; providing for continuing education; amending Minnesota
Statutes 2004, section 16B.65, subdivisions 3, 7; proposing coding for new law
in Minnesota Statutes, chapter 16B.
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 54 yeas and 78
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Beard
Bernardy
Bradley
Buesgens
Charron
Cornish
Cox
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Erickson
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Latz
Lenczewski
McNamara
Meslow
Nornes
Olson
Paulsen
Paymar
Peppin
Peterson, N.
Peterson, S.
Powell
Ruth
Ruud
Samuelson
Simon
Simpson
Soderstrom
Sykora
Tingelstad
Vandeveer
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Anderson, I.
Atkins
Blaine
Brod
Carlson
Clark
Cybart
Davnie
Dill
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Finstad
Fritz
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Lanning
Larson
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Opatz
Otremba
Ozment
Pelowski
Penas
Peterson, A.
Poppe
Rukavina
Sailer
Scalze
Seifert
Sertich
Sieben
Slawik
Smith
Solberg
Thao
Thissen
Urdahl
Wagenius
Walker
Welti
Westrom
The bill was not passed.
S. F. No. 629, as amended, which was temporarily
laid over earlier today on the Calendar for the Day, was again reported to the
House.
MOTION
FOR RECONSIDERATION
McNamara moved that the vote whereby the Larson amendment to S.
F. No. 629, as amended, was adopted be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the McNamara motion and the roll was
called. There were 67 yeas and 65 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Latz
Lillie
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, N.
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Hansen
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Wardlow
Welti
Wilkin
The motion prevailed.
The Larson amendment to S. F. No. 629, as amended, was again
reported to the House and reads as follows:
Page 4, after line 26, insert:
"Sec. 5. Minnesota
Statutes 2004, section 473.604, subdivision 5, is amended to read:
Subd. 5. [MEETINGS.]
The commission shall meet regularly at least once each month, at such time and
place as the commission shall by resolution designate, provided that,
beginning January 1, 2008, no meetings shall be scheduled or held within an
airport security screening perimeter.
Special meetings may be held at any time upon the call of the chair or
any two other members, upon written notice sent by certified mail to each
member at least three days prior to the meeting, or upon such other notice as
the commission may by resolution provide, or without notice if each member is
present or files with the secretary a written consent to the meeting either
before or after the meeting. Unless
otherwise provided, any action within the authority of the commission may be
taken by the affirmative vote of a majority of all the members. A majority of all of the members of the
commission shall constitute a quorum, but a lesser number may meet and adjourn
from time to time and compel the attendance of absent members."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Larson amendment and the roll was
called. There were 64 yeas and 67 nays
as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Hansen
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Opatz
Otremba
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thissen
Vandeveer
Wagenius
Wardlow
Welti
Wilkin
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Latz
Lillie
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Ruth
Samuelson
Seifert
Simpson
Smith
Soderstrom
Sykora
Thao
Tingelstad
Urdahl
Westerberg
Westrom
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
S. F. No. 629, A bill for an act relating to the Metropolitan
Council; removing the requirement for adoption of a separate airports or
aviation system plan; repealing provisions for planning administration between
the Metropolitan Council and the Metropolitan Airports Commission; repealing
obsolete provisions; amending Minnesota Statutes 2004, sections 473.146,
subdivisions 1, 3; 473.192, subdivisions 2, 3; 473.655; 473.852, subdivision 8;
repealing Minnesota Statutes 2004, sections 473.155; 473.619.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 125 yeas and 7
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Lanning
Latz
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Dittrich
Kelliher
Krinkie
Larson
Lenczewski
Opatz
Wagenius
The bill was passed, as amended, and its title agreed to.
H. F. No. 2121, as amended, which was
temporarily laid over earlier today on the Calendar for the Day, was again
reported to the House.
H. F. No. 2121, A bill for an act relating to commerce;
requiring businesses that possess personal data to notify persons whose
personal information has been disclosed to unauthorized persons; proposing
coding for new law in Minnesota Statutes, chapter 325E.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 2
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Heidgerken
Kohls
The bill was passed, as amended, and its title agreed to.
Paulsen moved that the remaining bills
on the Calendar for the Day be continued.
The motion prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 874:
Brod, Emmer and Hilty.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 894:
Cox, Hackbarth and Dill.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 987:
Sieben, Wilkin and Gunther.
There being no objection, the order of business reverted to
Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2519, A bill for an act relating to legislative enactments;
correcting miscellaneous oversights, inconsistencies, ambiguities, unintended
results, and technical errors; amending Minnesota Statutes 2004, section
66A.02, as amended.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 2519 was read for the second time.
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 Files, herewith returned:
H. F. No. 400, A bill for an act relating to unemployment
insurance; making an eligibility exception permanent for certain school food
service workers; amending Minnesota Statutes 2004, section 268.085, subdivision
8.
H. F. No. 898, A bill for an act relating to unemployment
insurance; conforming various provisions to federal requirements; making
technical and housekeeping changes; modifying appeal procedures; amending
Minnesota Statutes 2004, sections 268.03, subdivision 1; 268.035, subdivisions
9, 13, 14, 20, 21, 26; 268.042, subdivision 1; 268.043; 268.044, subdivisions
1, 2, 3; 268.045, subdivision 1; 268.051, subdivisions 1, 4, 6, 7, by adding a
subdivision; 268.052, subdivision 2; 268.053, subdivision 1; 268.057,
subdivision 7; 268.065, subdivision 2; 268.069, subdivision 1; 268.07,
subdivision 3b; 268.085, subdivisions 1, 2, 3, 5, 12; 268.086, subdivisions 2,
3; 268.095, subdivisions 1, 4, 7, 8, 10, 11; 268.101, subdivisions 1, 2, 3a;
268.103, subdivision 2; 268.105; 268.145, subdivision 1; 268.18, subdivisions
1, 2, 2b; 268.182, subdivision 2; 268.184, subdivisions 1, 2, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 268;
repealing Minnesota Statutes 2004, sections 268.045, subdivisions 2, 3, 4;
268.086, subdivision 4; Laws 1997, chapter 66, section 64, subdivision 1;
Minnesota Rules, parts 3310.2926; 3310.5000; 3315.0910, subpart 9; 3315.1020;
3315.1301; 3315.1315, subparts 1, 2, 3; 3315.1650; 3315.2210; 3315.3210; 3315.3220.
H. F. No. 1109, A bill for an act relating to public safety;
reviving and reenacting the board of firefighting training and education.
H. F. No. 1748, A bill for an act relating to state employees;
modifying grievance appeal procedures; eliminating a medical examination
requirement; amending Minnesota Statutes 2004, sections 43A.33, subdivision 3;
43A.34, subdivision 3; repealing Minnesota Statutes 2004, section 43A.33,
subdivision 4.
Patrick E. Flahaven, 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. 1164, A bill for an act relating to traffic
regulations; modifying provision governing the passing of a parked emergency
vehicle; providing eligibility criteria for business panels on logo sign
panels; amending Minnesota Statutes 2004, sections 160.80, subdivision 1a;
169.18, subdivision 11.
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.
Patrick E. Flahaven, 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. 225, A bill for an act relating to government data;
making technical, conforming, and clarifying changes to the Minnesota
Government Data Practices Act; defining terms; modifying certain civil penalty
and damages amounts; classifying, regulating, and reviewing access to and
dissemination of certain data; providing notice of breaches in security;
regulating certain fees; providing for the conduct of certain board and council
meetings; modifying provisions regulating motor vehicle and driver applications
and records; modifying vehicle accident reports and procedures; providing for
treatment of data held by the comprehensive incident-based reporting system; amending Minnesota Statutes
2004, sections 11A.24, subdivision 6; 13.01, subdivisions 1, 3; 13.02,
subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2,
4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07;
13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5;
13.32, by adding a subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding
a subdivision; 13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by
adding subdivisions; 13.601, by adding a subdivision; 13.635, by adding a
subdivision; 13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06,
subdivision 5; 116J.68, by adding a subdivision; 116L.03, by adding a
subdivision; 116L.665, by adding a subdivision; 116M.15, by adding a subdivision;
116U.25; 168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07,
subdivisions 1, 3; 171.12, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 13; 41A; 299C; repealing Minnesota Statutes 2004,
sections 13.04, subdivision 5; 169.09, subdivision 10; 170.55.
Patrick E. Flahaven, Secretary of the Senate
Holberg moved that the House refuse to concur in the Senate
amendments to H. F. No. 225, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 225:
Holberg, Emmer and Ellison.
Paulsen 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 Paulsen.
There being no objection, the order of business reverted to
Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
S. F. No. 1298, A bill for an act relating to environment;
enacting the Minnesota Electronics Recycling Act of 2005; providing penalties;
proposing coding for new law in Minnesota Statutes, chapter 116H.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 115A.9565, is amended to read:
115A.9565 [CATHODE-RAY TUBE PROHIBITION.]
Effective July 1, 2005 2006, a person may not
place in mixed municipal solid waste an electronic product containing a
cathode-ray tube."
Delete the title and insert:
"A bill for an act relating to environment; prohibiting
certain electronic products in mixed municipal solid waste; amending Minnesota
Statutes 2004, section 115A.9565."
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. No. 1298 was read for the second time.
MOTIONS AND RESOLUTIONS
Peterson, A., moved that the names of Greiling; Otremba;
Mahoney; Johnson, S.; Wagenius; Huntley; Pelowski; Liebling; Paymar; Hausman;
Johnson, R., and Sieben be added as authors on
H. F. No. 1798. The
motion prevailed.
Davids moved that the name of Juhnke be added as an author on
H. F. No. 2532. The
motion prevailed.
ADJOURNMENT
Seifert moved that when the House adjourns today it adjourn
until 9:00 a.m., Monday, May 23, 2005.
The motion prevailed.
Seifert moved that the House adjourn. The motion prevailed, and Speaker pro tempore Paulsen declared
the House stands adjourned until 9:00 a.m., Monday, May 23, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives