STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDREDTH DAY
Saint Paul, Minnesota, Monday, April 7, 2008
The House of Representatives convened at 12:30 p.m. and was
called to order by Paul Thissen, Speaker pro tempore.
Prayer was offered by the Reverend Craig Hanson, Roseville
Lutheran Church, Roseville, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Kranz and Moe were excused.
Dill was excused until 2:35 p.m. Solberg was excused until 7:00 p.m. Anzelc was excused until 7:15 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Ruud moved that further reading of
the Journal be suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
3, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 1546, relating to elections; providing
for automatic updating of voter registration.
H. F. No. 2636, relating to local government;
authorizing certain expenditures by towns.
H. F. No. 3099, relating to state government;
requiring emergency management training for certain executive branch employees.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
1546 165 8:48
a.m. April 3 April
3
2636 166 8:50
a.m. April 3 April
3
3099 167 8:52
a.m. April 3 April
3
2830 168 8:53
a.m. April 3 April
3
2861 169 8:54
a.m. April 3 April
3
3555 170 8:57
a.m. April 3 April
3
3461 175 8:57
a.m. April 3 April
3
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3195, A bill for an act relating to environment; establishing principles of
a cap and trade program for greenhouse gas emissions; requiring studies;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 216H.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [216H.10]
TITLE.
This
act may be cited as the "Green Solutions Act of 2008."
Sec.
2. [216H.11]
CAP AND TRADE PROGRAM.
It
is the intent of the legislature that Minnesota participate in the midwest
regional cap and trade program to help achieve the greenhouse gas emissions
reductions goals established in section 216H.02, subdivision 1.
Sec.
3. [216H.12]
MIDWESTERN GREENHOUSE GAS ACCORD.
(a)
By December 1, 2008, the commissioner of commerce shall submit a report to the
chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over energy policy, environmental policy,
and transportation policy describing the status of the development of a model
rule establishing a regional cap and trade program under the Midwestern
Greenhouse Gas Accord. The report must
address the degree to which any model rule being developed under the Midwestern
Greenhouse Gas Accord will operate in a time frame that will allow Minnesota to
meet its greenhouse gas emissions-reduction goals under section 216H.02,
subdivision 1. If a model rule in
accord with the state's emissions-reduction goals is not yet ready for
adoption, or is unlikely to be adopted, the report must identify options for
Minnesota to supplement the regional agreement with state policies, to join
another regional cap and trade program, or to implement a cap and trade program
in Minnesota alone.
(b)
The senate and house of representatives, in accordance with the rules of their
respective bodies, must appoint a bipartisan team of six legislators to serve
in an advisory role to the governor's Midwestern Greenhouse Gas Accord
stakeholder group. The legislators must
receive regular briefings from the stakeholder group and have an
opportunity
to participate as observers in meetings of the regional negotiations and may
offer advice with respect to the Accord or to any other energy issue being
analyzed by an entity created by the Midwestern Governors Association at its
November 2007 Energy Summit.
(c)
Any cap and trade agreements entered into are not effective in Minnesota until
approved by the legislature.
Sec.
4. STUDIES.
Subdivision
1. Governance
study. The University of
Minnesota shall issue a request for proposals for a study that describes and
analyzes several options regarding how decisions on expenditures of revenues
captured by any cap and trade program may be made. The study must examine:
(1)
the role that the legislature, citizens, technical experts, and state agencies
may play in decision making; and
(2)
innovative decision-making structures and processes, including the
Legislative-Citizens Commission on Minnesota Resources, and other examples in
Minnesota and other states and countries that may offer useful models to
consider.
The report must be submitted
to the University of Minnesota by January 1, 2009.
Subd.
2. Economic
and emissions study. (a) The
commissioner of commerce shall conduct a study of the economic, environmental,
and public health costs and benefits of a cap and trade program. The study must consider the impact of the
cap and trade program on individual industrial sectors subject to the program
and on the state economy and consumers, and how expenditures of any auction
revenues on the measures identified in subdivision 3 can reduce the economic
costs and increase the economic, environmental, and public health benefits.
(b)
The study must include:
(1)
estimates of the costs to entities covered by the cap to buy allowances or
reduce greenhouse gas emissions;
(2)
estimates of the impact of the program on energy costs, the impact of energy
cost changes on businesses and households, and recommendations on how to avoid
regressive impacts;
(3)
projections of likely revenues if allowances are auctioned;
(4)
a detailed estimate of the degree to which different levels of expenditures of
auction proceeds on the options listed under subdivision 3, clauses (1) to (6),
would:
(i)
reduce greenhouse gas emissions;
(ii)
reduce economic costs to industry and households;
(iii)
yield jobs and other economic benefits by stimulating economic activity,
promoting the growth of new businesses, reducing the amount of money leaving
the state to purchase fossil fuels, or other means;
(iv)
result in environmental and public health co-benefits by reducing pollutants
other than greenhouse gases, improving habitat, or other means; and
(v)
otherwise meet the goals identified in subdivision 4;
(5)
discussion of the potential for any allowances allocated under the program to
result in windfall profits rather than be used to reduce consumer prices;
(6)
analysis of ways to avoid putting Minnesota industries subject to the cap and
trade program at a competitive disadvantage with competitors not subject to
comparable regulation;
(7)
options for criteria that decision makers can use to determine how to allocate
expenditures among the spending options listed under subdivision 3, balancing
the goals set forth in subdivision 4;
(8)
analysis of various mechanisms for protecting job loss in energy-intensive
industries subject to competition from outside the Midwestern Greenhouse Gas
Accord region, including steel, cement, paper, pulp, aluminum, and chemicals,
including an analysis of possible mechanisms to account for the greenhouse gas
emissions associated with the production and transportation of imported goods;
(9)
analysis of various mechanisms to provide for equity to communities at risk of
disproportionate economic or environmental impacts; and
(10)
analysis of the effect of adopting a cap and trade program on the level of
foreign investment in Minnesota.
(c)
The study must consider the data and policy recommendations developed through
the Minnesota Climate Change Advisory Group as well as the growing literature
related to reducing greenhouse gas emissions.
(d)
By January 1, 2009, the study must be submitted to the chairs and ranking
minority members of the senate and house of representatives committees with
primary jurisdiction over energy policy and environmental policy.
Subd.
3. Expenditures
to be studied. (a) The study
required under subdivision 2 must consider the impacts of the following types
of expenditures:
(1)
direct per capita rebates to Minnesotans;
(2)
grants and incentives to consumers to invest in energy efficiency and utilize
renewable energy sources, or in other technologies, products or practices that
reduce energy costs, energy consumption, and greenhouse gas emissions;
(3)
financial assistance to businesses that install technologies that reduce their
facilities' greenhouse gas emissions, targeting energy-intensive industries
facing competitors not subject to comparable regulation including, but not
limited to, steel, pulp, paper, cement, chemicals, and aluminum;
(4)
investments in public infrastructure that reduce greenhouse gas emissions;
(5)
investments in worker training and retraining programs; and
(6)
incentives for carbon sequestration on forest land and farmland.
(b)
A majority of expenditures must be directed to uses under paragraph (a),
clauses (1) and (2).
Subd.
4. Study
criteria. The study required
under subdivision 2 must determine the extent to which expenditures on the
measures identified in subdivision 3 assist Minnesota's transition to a low
greenhouse gas-emitting economy and increase the economic gains and reduce the
dislocating impacts of the transition.
Specifically, the study must discuss the extent to which expenditures
meet the following goals:
(1)
produce cost-effective emissions reductions;
(2)
increase sustainable economic development, job creation, and job growth;
(3)
reduce greenhouse gas emissions in sectors that do not participate in the cap
and trade program;
(4)
reduce disruptive economic impacts of the transition on workers, businesses,
and consumers;
(5)
equitably distribute the costs and benefits among state residents, communities,
and economic sectors;
(6)
assist low-income and other consumers to reduce their costs associated with
greenhouse gas emissions; and
(7)
protect and enhance public health, environmental quality, wildlife habitat, and
the state's natural resources.
Sec.
5. APPROPRIATION.
Of
the amounts appropriated from the special revenue fund in the second year to
the commissioner of commerce for renewable energy research under Laws 2007,
chapter 57, article 2, section 3, subdivision 6, clause (7), up to $500,000 is
appropriated to the commissioner for the purposes of completing the studies
under section 4, subdivisions 1 and 2.
A portion of this appropriation may be transferred to the Board of Regents
of the University of Minnesota.
Sec. 6. EFFECTIVE
DATE.
Sections
1 to 5 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to environment; establishing an intent to participate
in a cap and trade program for greenhouse gas emissions; requiring studies;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 216H."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Lenczewski
from the Committee on Taxes to which was referred:
H. F.
No. 3306, A bill for an act relating to securities; modifying the Minnesota
Securities Act; regulating registrations, filings, and fees; making various
technical changes; amending Minnesota Statutes 2006, sections 80A.40; 80A.41;
80A.46; 80A.50; 80A.52; 80A.54; 80A.55; 80A.56; 80A.57; 80A.58; 80A.60; 80A.65,
subdivision 2, by adding a subdivision; 80A.66; 80A.67; 80A.76; 80A.82; 80A.83;
80A.85; 80A.87.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3343, A bill for an act relating to energy; creating wind energy conversion
system aggregation program; creating an account; authorizing rulemaking;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 216F.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [216F.09]
WECS AGGREGATION PROGRAM.
Subdivision
1. Program
established. The entity
selected to provide rural wind development assistance under Laws 2007, chapter
57, article 2, section 3, subdivision 6, shall also establish a wind energy
conversion system (WECS) aggregation program.
The purpose of the program is to create a clearinghouse to coordinate
and arrange umbrella sales arrangements for groups of individuals, farmstead
property owners, farmers' cooperative associations, community-based energy
project developers, school districts, and other political subdivisions to
aggregate small-volume purchases, as a group, in order to place large orders
for wind energy conversion systems with WECS manufacturers.
Subd.
2. Responsibilities. The entity shall:
(1)
provide application procedures for participation in the program;
(2)
set minimum standards for wind energy conversion systems to be considered for
purchase through the program, which may include price, quality and installation
standards, timely delivery schedules and arrangements, performance and
reliability ratings, and any other factors considered necessary or desirable
for participants;
(3)
set eligibility considerations and requirements for purchasers, including
availability to the applicant of land authorized for installation and use of
WECS, likelihood of a permit being approved by the commission or a county under
this chapter, documentation of adequate financing, and other necessary or usual
financial or business practices or requirements;
(4)
provide a minimal framework for soliciting or contacting manufacturers on
behalf of participants; and
(5)
coordinate purchase agreements between the manufacturer and participants.
Subd.
3. Report. By February 1 of 2009, and each year
thereafter, the commissioner of commerce shall submit a report to the chairs
and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over energy policy on the activities and
results of the program, including the number of participants and the number of
purchases made.
Subd.
4. Assessment;
appropriation. Annual costs
of the program, up to $100,000, must be assessed under section 216C.052,
subdivision 2, paragraph (c), clause (1).
The assessment is appropriated to the commissioner of commerce to be
used by the director of the Office of Energy Security for a grant to the entity
to carry out the purposes of this section.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to energy; creating wind energy conversion system
aggregation program; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 216F."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3366, A bill for an act relating to environment; modifying Petrofund
program; amending Minnesota Statutes 2006, sections 115C.04, subdivision 3;
115C.09, subdivision 3h, by adding a subdivision; repealing Minnesota Statutes
2006, section 115C.09, subdivision 3j.
Reported
the same back with the following amendments:
Page
2, line 20, after "(a)" insert "The purpose of this subdivision
is to assist homeowners who have installed PVC fill piping as part of the
heating oil system at their residences, not knowing that heating oil has been
shown to dissolve certain types of glue used to hold PVC piping together. Replacement of the PVC piping with metal
piping is intended to avoid the catastrophic release of heating oil, as well as
the ensuing cleanup costs, that can occur at residences where the PVC piping
fails.
(b)"
Page
2, line 26, delete "(b)" and insert "(c)"
Page
2, line 32, delete "(c)" and insert "(d)"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 3391, A bill for an act relating to health care reform; increasing
affordability and continuity of care for state health care programs; modifying
health care provisions; providing subsidies for employee share of
employer-subsidized insurance in certain cases; establishing the Health Care
Transformation Commission; creating an affordability standard; implementing a
statewide health improvement program; requiring an evaluation of mandated
health benefits; requiring a payment system to encourage provider innovation;
requiring studies and reports; appropriating money; amending Minnesota Statutes
2006, sections 256B.057, subdivision 8; 256B.69, by adding a subdivision;
256L.05, by adding a subdivision; 256L.06, subdivision 3; 256L.07, subdivision
3; 256L.15, by adding
a
subdivision; Minnesota Statutes 2007 Supplement, sections 256.01, subdivision
2b; 256B.056, subdivision 10; 256L.03, subdivisions 3, 5; 256L.04, subdivisions
1, 7; 256L.05, subdivision 3a; 256L.07, subdivision 1; 256L.15, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 145; 256B;
proposing coding for new law as Minnesota Statutes, chapter 62U; repealing
Minnesota Statutes 2006, section 256L.15, subdivision 3.
Reported
the same back with the following amendments:
Page 10,
line 11, after the period, insert "On July 1, 2009, the commissioner of
finance shall transfer $1,777,000 from the health care access fund to the
general fund. On July 1, 2010, the
commissioner of finance shall transfer $3,258,000 from the health care access
fund to the general fund."
Page
40, line 27, after the period, insert "The health care access fund base
for this program shall be $40,000,000 in fiscal year 2010 and $40,000,000 in
fiscal year 2011."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3729, A bill for an act relating to energy; establishing Legislative Energy
Commission; abolishing Legislative Electric Energy Task Force; making
conforming correction; appropriating money; amending Minnesota Statutes 2006,
section 216B.2424, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 3; repealing Minnesota Statutes 2006, section 216C.051,
subdivisions 3, 4a, 6, 7, 8; Minnesota Statutes 2007 Supplement, section
216C.051, subdivisions 2, 8a, 9.
Reported
the same back with the following amendments:
Page
2, line 14, after the period, insert "The commission shall when
feasible solicit and consider public testimony regarding the economic,
environmental, and social implications of state energy plans and policies."
Page
3, line 5, before the period, insert ", while ensuring that wholesale
and retail sales are not double counted"
Page
3, after line 5, insert:
"The
entities in clauses (1) and (2) must provide information to the commissioner of
commerce to allow for calculation of the assessment."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 4023, A bill for an act relating to appropriations; making forecast
adjustments for health, human services, and education; appropriating money;
amending Laws 2007, chapter 146, article 1, section 24, subdivisions 2, 3, 4,
5, 6, 7, 8; article 2, section 46, subdivisions 2, 3, 4, 6, 9; article 3,
section 24, subdivisions 3, 4; article 4, section 16, subdivisions 2, 3, 6, 8;
article 5, section 13, subdivisions 2, 3, 4; article 9, section 17,
subdivisions 2, 3, 4, 8, 9, 13.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 4070, A bill for an act relating to capital improvements; appropriating
money for public facilities; authorizing the sale and issuance of state bonds.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 4072, A bill for an act relating to capital improvements; appropriating
money for asset preservation at the University of Minnesota and Minnesota State
Colleges and Universities; authorizing the sale and issuance of state
bonds.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
S. F.
No. 2706, A bill for an act relating to energy; providing for development and
application of building energy usage performance standards; amending Minnesota
Statutes 2006, section 16B.325; Minnesota Statutes 2007 Supplement, section
216B.241, subdivision 1e, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
16B.325, is amended to read:
16B.325 SUSTAINABLE BUILDING GUIDELINES.
Subdivision
1. Development
of sustainable building guidelines. The Department of Administration and the Department of Commerce,
with the assistance of other agencies, shall develop sustainable building
design guidelines for all new state buildings by January 15, 2003, and for
all major renovations of state buildings by
February
1, 2009. The primary objectives of these guidelines
are to ensure that all new state buildings, and major renovations of state
buildings, initially exceed existing the state energy code,
as established in Minnesota Rules, chapter 7676, by at least 30 percent.
Subd.
2. Lowest
possible cost; energy conservation.
The guidelines must focus on achieving the lowest possible lifetime cost
for new buildings and major renovations, and allow for changes in the
guidelines that encourage continual energy conservation improvements in new
buildings. and major renovations.
The guidelines must define "major renovations" for purposes of
this section. The definition may not
allow "major renovations" to encompass less than 10,000 square feet
or to encompass less than the replacement of the mechanical, ventilation, or
cooling system of the building or a section of the building. The design guidelines must establish
sustainability guidelines that include air quality and lighting standards and
that create and maintain a healthy environment and facilitate productivity
improvements; must specify ways to reduce material costs; and must
consider the long-term operating costs of the building, including the use of
renewable energy sources and distributed electric energy generation that uses a
renewable source or natural gas or a fuel that is as clean or cleaner than
natural gas.
Subd.
3. Development
of guidelines; applicability.
In developing the guidelines, the departments shall use an open process,
including providing the opportunity for public comment. The guidelines established under this
section are mandatory for all new buildings receiving funding from the bond
proceeds fund after January 1, 2004, and for all major renovations receiving
funding from the bond proceeds fund after February 1, 2009.
Subd.
4. Revisions. The commissioners of administration and
commerce shall review the guidelines periodically and as soon as practicable
revise the guidelines to incorporate performance standards developed under section
216B.241, subdivision 9.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 216B.241, subdivision 1e, is amended to read:
Subd.
1e. Applied research and development grants. (a) The commissioner may, by order, approve and make
grants for applied research and development projects of general applicability
that identify new technologies or strategies to maximize energy savings,
improve the effectiveness of energy conservation programs, or document the
carbon dioxide reductions from energy conservation programs. When approving projects, the commissioner
shall consider proposals and comments from utilities and other interested
parties. The commissioner may assess up
to $3,600,000 annually for the purposes of this subdivision. The assessments must be deposited in the
state treasury and credited to the energy and conservation account created
under subdivision 2a. An assessment
made under this subdivision is not subject to the cap on assessments provided
by section 216B.62, or any other law.
(b)
The commissioner, as part of the assessment authorized under paragraph (a),
shall annually assess and grant up to $500,000 for the purpose of subdivision
9.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 216B.241, is amended by adding a subdivision to read:
Subd.
9. Building
performance standards; Sustainable Building 2030. (a) The purpose of this subdivision is to
establish cost-effective energy-efficiency performance standards for new and
substantially reconstructed residential, commercial, industrial, and
institutional buildings that can significantly reduce carbon dioxide emissions
by lowering energy use in new and substantially reconstructed buildings. For the purposes of this subdivision, the
establishment of these standards may be referred to as Sustainable Building
2030.
(b)
The commissioner shall contract with the Center for Sustainable Building
Research at the University of Minnesota to coordinate development and
implementation of energy-efficiency performance standards, strategic planning,
research, data analysis, technology transfer, training, and other activities
related to the purpose of Sustainable Building 2030. The commissioner and the Center for Sustainable Building Research
shall, in consultation with utilities and experts in building design and
technology, develop a Sustainable Building 2030 implementation plan that must
address, at a minimum, the following issues:
(1)
training architects to incorporate the performance standards in building
design;
(2)
incorporating the performance standards in utility conservation improvement
programs; and
(3)
developing procedures for ongoing monitoring of energy use in buildings that
have adopted the performance standards.
The plan must be submitted
to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over energy policy by July
1, 2009.
(c)
Sustainable Building 2030 energy-efficiency performance standards must be firm,
quantitative measures of total building energy use and associated carbon
dioxide emissions per square foot for different building types and uses, that
allow for accurate determinations of a building's conformance with a
performance standard. The
energy-efficiency performance standards must be updated every three or five
years to incorporate all cost-effective measures. The performance standards must reflect the reductions in carbon
dioxide emissions per square foot resulting from actions taken by utilities to
comply with the renewable energy standards in section 216B.1691. The performance standards should be designed
to achieve reductions equivalent to the following reduction schedule, measured
against energy consumption by an average building in each applicable building
sector in 2003: (1) 60 percent in 2010;
(2) 70 percent in 2015; (3) 80 percent in 2020; and (4) 90 percent in
2025. A performance standard must not
be established or increased absent a conclusive engineering analysis that it is
cost-effective based upon established practices used in evaluating utility
conservation improvement programs.
(d)
The annual amount of the contract with the Center for Sustainable Building
Research is up to $500,000. The Center
for Sustainable Building Research shall expend no more than $150,000 of this
amount each year on administration, coordination, and oversight activities
related to Sustainable Building 2030.
The balance of contract funds must be spent for subcontracts with
not-for-profit energy organizations, architecture and engineering firms, and
other qualified entities to undertake technical projects and activities in
support of Sustainable Building 2030.
The primary work to be accomplished each year by qualified technical
experts under subcontracts is the development and thorough justification of
recommendations for specific energy-efficiency performance standards. Additional work may include:
(1)
research, development, and demonstration of new energy-efficiency technologies
and techniques suitable for residential, commercial, industrial, and
institutional buildings;
(2)
analysis and evaluation of practices in building design, construction,
commissioning and operations, and analysis and evaluation of energy use in the
residential, commercial, industrial, and institutional sectors;
(3)
analysis and evaluation of the effectiveness and cost-effectiveness of
Sustainable Building 2030 performance standards, conservation improvement
programs, and building energy codes;
(4)
development and delivery of training programs for architects, engineers,
commissioning agents, technicians, contractors, equipment suppliers,
developers, and others in the building industries; and
(5)
analyze and evaluate the effect of building operations on energy use.
(e)
The commissioner shall require utilities to develop and implement conservation
improvement programs that are expressly designed to achieve energy efficiency
goals consistent with the Sustainable Building 2030 performance standards. These programs must include offerings of
design assistance and modeling, financial incentives, and the verification of
the proper installation of energy-efficient design components in new and
substantially reconstructed buildings.
A utility making an expenditure under its conservation improvement
program that results in a building meeting the Sustainable Building 2030
performance standards may claim the energy savings toward its energy savings
goal established in section 216B.241, subdivision 1c.
(f)
The commissioner shall report to the legislature every three years, beginning
January 15, 2010, on the cost-effectiveness and progress of implementing the
Sustainable Building 2030 performance standards and shall make recommendations
on the need to continue the program as described in this section.
Sec.
4. EFFECTIVE
DATE.
Sections
1 to 3 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to energy; providing for development and application
of building energy usage performance standards; amending Minnesota Statutes
2006, section 16B.325; Minnesota Statutes 2007 Supplement, section 216B.241,
subdivision 1e, by adding a subdivision."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 3306, 3391, 4023, 4070 and 4072 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Clark and Severson introduced:
H. F. No. 4167, A bill for an act relating to naturopathy;
creating a working group.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Lenczewski introduced:
H. F. No. 4168, A bill for an act relating to taxation;
modifying the definition of wages subject to withholding; amending Minnesota
Statutes 2006, section 290.92, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Lenczewski introduced:
H. F. No. 4169, A bill for an act relating to tax increment
financing; city of Bloomington; extending the five-year rule for a district.
The bill was read for the first time and referred to the
Committee on Taxes.
Olin introduced:
H. F. No. 4170, A bill for an act relating to agriculture;
establishing a grant program for certain beef producers; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the
Committee on Finance.
Gardner and Benson introduced:
H. F. No. 4171, A bill for an act relating to property
taxation; limiting property taxes to a percentage of the homeowner's income;
reducing the market value homestead credit; amending Minnesota Statutes 2006,
sections 273.1384, subdivision 1; 290A.04, subdivisions 1, 2.
The bill was read for the first time and referred to the
Committee on Taxes.
Olson; Clark; Walker; Anderson, B.; Erickson; Abeler; Masin;
Laine and Emmer introduced:
H. F. No. 4172, A bill for an act relating to health; requiring
a study of the effectiveness of alternative medicine approaches; appropriating
money.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Davnie introduced:
H. F. No. 4173, A bill for an act relating to property taxation;
exempting the first tier of commercial-industrial property from the state
general tax; amending Minnesota Statutes 2006, section 275.025, subdivision 2.
The bill was read for the first time and referred to the
Committee on Taxes.
Olin introduced:
H. F. No. 4174, A bill for an act relating to animal health;
establishing an interagency coordinator for bovine tuberculosis control and
eradication; proposing coding for new law in Minnesota Statutes, chapter 35.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
Peppin, Paymar, Greiling, Buesgens and Tschumper introduced:
H. F. No. 4175, A bill for an act relating to agriculture;
canceling an appropriation; repealing the ethanol producer payment program and
the minimum ethanol content requirement; repealing Minnesota Statutes 2006,
sections 41A.09, subdivisions 1a, 2a, 3a, 4, 10; 239.791, subdivisions 1, 1a,
10, 11, 12, 13, 14, 15.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
Abeler and Thissen introduced:
H. F. No. 4176, A bill for an act relating to health; modifying
the prescription electronic reporting system; amending Minnesota Statutes 2007
Supplement, section 152.126.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Severson introduced:
H. F. No. 4177, A bill for an act relating to family law;
imposing additional civil penalties for interference with parenting time;
amending Minnesota Statutes 2006, section 518.175, subdivision 6.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Greiling; Morrow; McFarlane; Kelliher; Davnie; Sertich; Carlson;
Murphy, M.; Mariani; Benson; Dittrich; Hilstrom; Lenczewski; Slawik; Faust;
Marquart; Brown; Morgan; Anzelc; Dominguez; Swails; Brynaert; Ward; Doty;
Kalin; Olin; Juhnke; Otremba; Nelson; Lillie; Hansen; Murphy, E.; Fritz; Scalze
and Liebling introduced:
H. F. No. 4178, A bill for an act relating to education
finance; modifying the school finance system; creating a new education funding
framework; amending Minnesota Statutes 2006, sections 123B.53, subdivision 5;
123B.57, subdivision 4; 123B.59, subdivision 1; 123B.591, subdivisions 2, 3;
124D.59, subdivision 2; 124D.65, subdivision 5; 125A.79, subdivision 7;
126C.01, by adding subdivisions; 126C.05, subdivisions 3, 5, 6, 8, 16, 17;
126C.10, subdivisions 1, 2a, 3, 4, 6, 13, 18, by adding subdivisions; 126C.13,
subdivision 5; 126C.17, subdivision 1; 126C.20; 126C.40, subdivision 1;
Minnesota Statutes 2007 Supplement, sections 125A.76, subdivision 5; 126C.05,
subdivision 1; 126C.10, subdivision 2; 126C.13, subdivision 4; proposing coding
for new law in Minnesota Statutes, chapters 123B; 126C; repealing Minnesota
Statutes 2006, sections 126C.10, subdivisions 13a, 13b, 25, 26, 27, 28, 29, 30,
31, 31a, 31b, 32, 33, 35, 36; 126C.12; 127A.50; Minnesota Statutes 2007
Supplement, sections 123B.54; 125A.76, subdivision 4; 125A.79, subdivision 6;
126C.10, subdivisions 2b, 24, 34; 126C.126.
The bill was read for the first time and referred to the
Committee on Finance.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House Files, herewith returned:
H. F. No. 117, A bill for an act relating to courts; modifying
personal jurisdiction over foreign corporations and nonresident individuals in
certain matters; amending Minnesota Statutes 2006, section 543.19, subdivision
1.
H. F. No. 2602, A bill for an act relating to public safety;
exempting police vehicles from window glazing restrictions; amending Minnesota
Statutes 2006, section 169.71, subdivision 4.
H. F. No. 2932, A bill for an act relating to town cemeteries;
specifying uses of certain cemetery funds; amending Minnesota Statutes 2006,
sections 365.29; 365.30; 365.31; 365.33, subdivision 4; 365.35; 365.36,
subdivisions 2, 3; 471.84.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
House Files, herewith returned:
H. F. No. 3157, A bill for an act relating to Big Stone County;
authorizing the county board to assign certain duties to the county treasurer.
H. F. No. 3289, A bill for an act relating to auctioneers;
exempting auctioneers from certain requirements applicable to professional
fund-raisers; amending Minnesota Statutes 2006, section 309.515, subdivision 1.
H. F. No. 2898, A bill for an act relating to insurance;
regulating claim denials under aviation liability coverage; amending Minnesota
Statutes 2006, section 60A.081, subdivision 1; Minnesota Statutes 2007
Supplement, section 360.59, subdivision 10.
H. F. No. 2788, A bill for an act relating to the city of
Nashwauk; increasing the membership of the Nashwauk Public Utilities Commission
from three to five members.
H. F. No. 3240, A bill for an act relating to veterans;
authorizing the placement of a plaque in the court of honor on the Capitol
grounds by Minnesota's Mexican-American veterans to honor all Minnesota
veterans who have served at any time in the United States armed forces.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 3303, 2399, 960, 3417, 3571, 3201, 3021, 3362, 3336,
2919, 3486, 2866, 3061, 3135, 2876, 3502, 3576, 3397, 3166, 3082, 3508, 3227,
3622, 3581, 3372, 3455, 3446, 1578, 2980, 3341, 3337, 3089, 2948, 2939, 3377,
3492, 3669, 3256, 2828, 3119, 1018, 2024, 3202, 2765, 3672, 3049, 2996, 2806,
3070, 3203, 3098, 2597, 3138, 3137, 3474, 3342, 3130, 2533, 3003, 2775, 2368,
2403, 3235, 2576, 3647, 2449, 3282, 3263, 3268, 3132, 3473, 3326, 2990, 3214,
3213, 3412, 2642, 3225, 3563, 2654, 2936, 3756, 3450, 3000, 3174, 2408, 3224,
3350, 3129 and 2645.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F.
No. 3303, A bill for an act relating to the city of Minneapolis; authorizing
the creation of a nonprofit riverfront revitalization corporation; requiring a
report.
The
bill was read for the first time.
Loeffler
moved that S. F. No. 3303 and H. F. No. 3692, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2399, A bill for an act relating to public nuisances; making changes to
public nuisance law affecting evidentiary thresholds and numbers of triggering
incidents required for specific offenses; amending Minnesota Statutes 2006,
section 617.81, subdivision 2.
The
bill was read for the first time.
Hilstrom
moved that S. F. No. 2399 and H. F. No. 2627, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 960, A bill for an act relating to local government; modifying the
definition of "dependent" for purposes of group benefits for local
government officers and employees; amending
Minnesota Statutes 2006, section 471.61, subdivision 1a.
The
bill was read for the first time.
Davnie
moved that S. F. No. 960 and H. F. No. 1097, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3417, A bill for an act relating to occupations and professions; adding an
exception to the complementary and alternative health care client bill of
rights for inpatient hospital setting and hospice care; amending Minnesota
Statutes 2007 Supplement, section 146A.11, subdivision 1.
The
bill was read for the first time and referred to the Committee on Health and
Human Services.
S. F.
No. 3571, A bill for an act relating to human services; amending state-operated
services; allowing certain nonstate employees to work for community-based
programs; amending Minnesota Statutes 2006, section 252.50, subdivision 1.
The
bill was read for the first time.
Hilstrom
moved that S. F. No. 3571 and H. F. No. 3264, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3201, A bill for an act relating to public safety; conforming definition of
"hazardous materials" to federal definition for purposes of
transporting it; conforming school bus endorsement provisions to federal
regulations; providing license exemption for operator of commercial motor
vehicle operated on behalf of federal government; adding provisions conforming
to federal regulation to require notice of commercial vehicle driver's conviction
or license suspension; providing for enforcement of commercial vehicle
out-of-service orders; imposing monetary penalty for violation by motor carrier
employer of railroad-highway grade crossing laws to conform to federal law;
amending Minnesota Statutes 2006, sections 169.01, subdivision 76; 171.01,
subdivision 35; 171.03; 171.165, subdivision 2; 221.011, by adding a
subdivision; 221.036, subdivisions 1, 3; 221.221, subdivision 2; 299D.03,
subdivision 1; 299D.06; Minnesota Statutes 2007 Supplement, section 171.02,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 171.
The
bill was read for the first time and referred to the Transportation Finance
Division.
S. F.
No. 3021, A bill for an act relating to claims against the state; providing for
settlement of various claims; appropriating money.
The
bill was read for the first time.
Ozment
moved that S. F. No. 3021 and H. F. No. 3360, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3362, A bill for an act relating to police officers; permitting police
officers to be represented by an attorney and a union representative at
disciplinary hearing; amending Minnesota Statutes 2006, section 626.89,
subdivision 9.
The
bill was read for the first time.
Mullery
moved that S. F. No. 3362 and H. F. No. 3483, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3336, A bill for an act relating to traffic regulations; providing for
exemptions to vehicle window glazing restrictions; amending Minnesota Statutes
2006, sections 168.27, by adding a subdivision; 169.71, subdivision 4.
The
bill was read for the first time.
Cornish
moved that S. F. No. 3336 and H. F. No. 3204, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2919, A bill for an act relating to civil commitments; modifying and
clarifying time requirements for hearings; providing an exception from
prehearing discharge for commitment petitions involving persons alleged to be
mentally ill and dangerous or a sexual psychopathic personality or sexually
dangerous person; amending Minnesota Statutes 2006, section 253B.08,
subdivision 1.
The
bill was read for the first time.
Simon
moved that S. F. No. 2919 and H. F. No. 3396, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3486, A bill for an act relating to human services; modifying Medicare
special needs plans; amending Minnesota Statutes 2006, section 256B.69,
subdivision 28.
The
bill was read for the first time and referred to the Committee on Health and
Human Services.
S. F.
No. 2866, A bill for an act relating to telecommunications; requiring the
Department of Commerce to produce a statewide inventory of broadband service.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3061, A bill for an act relating to environment; modifying Petrofund
program; amending Minnesota Statutes 2006, sections 115C.04, subdivision 3;
115C.09, subdivision 3h, by adding a subdivision; repealing Minnesota Statutes
2006, section 115C.09, subdivision 3j.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3135, A bill for an act relating to health; adding volunteer protections
for the Minnesota Responds Medical Reserve Corps volunteers; creating the
Minnesota Responds Medical Reserve Corps; establishing volunteer health practitioner
status during an emergency declaration; authorizing interstate assistance by
local governments; amending Minnesota Statutes 2006, sections 12.22,
subdivision 2a; 145A.04, by adding subdivisions; 145A.06, by adding
subdivisions; 176.011, subdivision 9; proposing coding for new law in Minnesota
Statutes, chapter 192.
The
bill was read for the first time.
Winkler
moved that S. F. No. 3135 and H. F. No. 3654, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2876, A bill for an act relating to animals; changing provisions regulating
dangerous dogs and dogs at certain establishments; imposing penalties; amending
Minnesota Statutes 2006, sections 347.50, by adding a subdivision; 347.51, subdivisions
2, 2a, 3, 4, 7, 9; 347.52; 347.53; 347.54, subdivisions 1, 3; 347.55; 347.56;
proposing coding for new law in Minnesota Statutes, chapters 157; 347.
The
bill was read for the first time.
Paymar
moved that S. F. No. 2876 and H. F. No. 2906, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3502, A bill for an act relating to traffic regulations; modifying
provisions regulating farm vehicles on highways; providing for size, weight, and
load restrictions on highways; amending Minnesota Statutes 2006, sections
169.01, subdivision 55; 169.18, subdivision 5; 169.67, subdivision 3; 169.801;
169.82, subdivision 3; 169.826, subdivision 1a; repealing Minnesota Statutes
2006, section 169.145.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3576, A bill for an act relating to natural resources; providing for viral
hemorrhagic septicemia control; authorizing rulemaking; amending Minnesota
Statutes 2006, sections 17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1,
2, 4; 17.4987; 17.4992, subdivision 2; 17.4993; 84D.03, subdivision 4; 97A.015,
by adding a subdivision; 97C.203; 97C.205; 97C.341; 97C.391, by adding a
subdivision; 97C.505, subdivision 1; 97C.515, subdivisions 2, 4, 5; 97C.821;
repealing Minnesota Statutes 2006, section 97C.515, subdivision 3.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3397, A bill for an act relating to business organizations; providing for
the return of documents submitted to the secretary of state; regulating foreign
cooperatives; removing the request that the attorney general and the Department
of Revenue be notified of the dissolution of foreign cooperatives and nonprofit
corporations; allowing foreign limited liability partnerships to use
alternative names under certain circumstances; eliminating contest of name
filings; amending Minnesota Statutes 2006, sections 47.12, subdivision 2;
60A.07, subdivision 1; 303.11; 303.17, subdivision 4; 308A.005, by adding a
subdivision; 308B.211, subdivision 2; 308B.221, subdivision 4; 317A.823,
subdivision 2; 321.0108; 323A.1102; proposing coding for new law in Minnesota
Statutes, chapters 5; 308A; 308B; repealing Minnesota Statutes 2006, sections
5.22; 302A.115, subdivision 8; 303.05, subdivision 4; 308A.121, subdivision 3;
308B.151; 317A.115, subdivision 6; 322B.12, subdivision 6.
The
bill was read for the first time.
Winkler
moved that S. F. No. 3397 and H. F. No. 3543, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3166, A bill for an act relating to human services; amending child welfare
and licensing provisions; adopting a new Interstate Compact for the Placement
of Children and repealing the old compact; regulating child and adult
adoptions; regulating children in voluntary foster care for treatment;
providing targeted case management services to certain children with
developmental disabilities; providing for certain data classifications;
amending Minnesota Statutes 2006, sections 13.46, by adding subdivisions;
245C.24, subdivision 2; 245C.29, subdivision 2; 256.045, subdivisions 3, 3b;
259.20, subdivision 1; 259.21, by adding a subdivision; 259.22, subdivision 2; 259.23,
subdivision 2; 259.43; 259.52, subdivision 2; 259.53, subdivision 3; 259.59,
subdivisions 1, 2; 259.67, subdivisions 2, 3, by adding a subdivision; 259.75,
subdivision 5; 259.89, subdivisions 1, 2, 4, by adding a subdivision; 260C.001,
subdivision 2; 260C.007, subdivisions 5, 6, 13; 260C.101, subdivision 2;
260C.141, subdivision 2; 260C.171, subdivision 2; 260C.178, subdivision 1;
260C.205; 260C.212, subdivisions 7, 8, by adding a subdivision; 260C.325,
subdivisions 1, 3; 524.2-114; 626.556, subdivision 7; Minnesota Statutes 2007
Supplement, sections 245C.14, subdivision 1; 245C.15, subdivisions 2, 3, 4;
245C.24, subdivision 3; 245C.27, subdivision 1; 259.41, subdivision 1; 259.57,
subdivision 1; 259.67, subdivision 4; 260C.163, subdivision 1; 260C.209,
subdivisions 1, 2, by adding a subdivision; 260C.212, subdivisions 1, 4;
626.556, subdivision 10a; Laws 2007, chapter 147, article 2, section 56;
proposing coding for new law in Minnesota Statutes, chapters 259; 260;
proposing coding for new law as Minnesota Statutes, chapter 260D; repealing
Minnesota Statutes 2006, sections 260.851; 260C.141, subdivision 2a; 260C.431;
260C.435; Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9;
Minnesota Rules, part 9560.0609.
The
bill was read for the first time.
Walker
moved that S. F. No. 3166 and H. F. No. 3564, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3082, A bill for an act relating to motor vehicles; permitting sale of
impounded vehicles and contents after voluntary title transfer; providing for
notice of impound, right to reclaim contents, and waiver of right; establishing
right to retrieve contents without charge in certain cases; limiting deficiency
claim; providing for permit for oversize and overweight tow trucks in certain
cases; providing for disclosure of damage to older vehicles; amending Minnesota
Statutes 2006, sections 168B.051, subdivision 2; 168B.06, subdivisions 1, 3;
168B.07, by adding a subdivision; 168B.08, subdivision 1; 168B.087, subdivision
1; 169.86, by adding a subdivision; 325F.6644.
The
bill was read for the first time.
Hortman
moved that S. F. No. 3082 and H. F. No. 2940, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3508, A bill for an act relating to insurance; regulating motor vehicle
insurance adjustments; amending Minnesota Statutes 2007 Supplement, section
72B.092, subdivision 1.
The
bill was read for the first time.
Dominguez
moved that S. F. No. 3508 and H. F. No. 3822, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3227, A bill for an act relating to health; making changes to resident
reimbursement classification provisions; making changes to provisions for
Alzheimer's disease facilities; making changes to nursing home moratorium
provisions; requiring a report recommending standards for personal care
assistant services; amending Minnesota
Statutes 2006, sections 144.0724, subdivision 7; 144.6503; 144A.073, as
amended; 144A.10, subdivision 4; 144A.11, subdivision 2; 144A.46, subdivisions
1, 2.
The
bill was read for the first time.
Hosch
moved that S. F. No. 3227 and H. F. No. 3648, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3622, A bill for an act relating to local government; changing the contract
threshold amounts subject to certain requirements of the Uniform Municipal
Contracting Law; amending Minnesota Statutes 2006, sections 103E.705,
subdivisions 5, 6, 7; 471.345, subdivisions 3, 4; Minnesota Statutes 2007
Supplement, section 471.345, subdivisions 3a, 4a, 5.
The
bill was read for the first time.
Marquart
moved that S. F. No. 3622 and H. F. No. 3646, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3581, A bill for an act relating to health; modifying provisions for
pharmacy practice; amending Minnesota Statutes 2006, section 151.01,
subdivision 27.
The
bill was read for the first time and referred to the Committee on Health and
Human Services.
S. F.
No. 3372, A bill for an act relating to traffic regulations; establishing
minimum requirements for city's permit program for long-term disability
parking; amending Minnesota Statutes 2006, section 169.346, subdivision 5.
The
bill was read for the first time.
Madore
moved that S. F. No. 3372 and H. F. No. 3727, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3455, A bill for an act relating to commerce; regulating the purchase and
receipt of beer kegs by scrap metal dealers; amending Minnesota Statutes 2007
Supplement, section 325E.21, by adding a subdivision.
The
bill was read for the first time.
Atkins
moved that S. F. No. 3455 and H. F. No. 4007, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3446, A bill for an act relating to insurance; regulating small employer
insurance; requiring notice of certain plan availability; amending Minnesota
Statutes 2006, section 62L.05, by adding a subdivision.
The
bill was read for the first time.
Dittrich
moved that S. F. No. 3446 and H. F. No. 3721, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 1578, A bill for an act relating to consumer protection; regulating
security freezes on consumer reports; providing for payment of fees; amending
Minnesota Statutes 2006, section 13C.016, subdivision 8.
The
bill was read for the first time.
Gardner
moved that S. F. No. 1578 and H. F. No. 1665, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2980, A bill for an act relating to insurance; homeowners; regulating flood
insurance coverage; requiring disclosures of noncoverage; proposing coding for
new law in Minnesota Statutes, chapter 65A.
The
bill was read for the first time.
Tschumper
moved that S. F. No. 2980 and H. F. No. 3582, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3341, A bill for an act relating to energy; proposing the Business Energy
Accountability Act of 2008; providing for a voluntary inventory of business
energy use; proposing coding for new law in Minnesota Statutes, chapter 216C.
The
bill was read for the first time.
Hornstein
moved that S. F. No. 3341 and H. F. No. 3718, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3337, A bill for an act relating to energy; creating coordinated process
for reducing greenhouse gas emissions; proposing coding for new law in
Minnesota Statutes, chapter 216H.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3089, A bill for an act relating to energy; mandating inclusion of
strategic tree planting as eligible for direct expenditures as energy
conservation improvement; amending Minnesota Statutes 2007 Supplement, section
216B.241, by adding a subdivision.
The
bill was read for the first time.
Hansen
moved that S. F. No. 3089 and H. F. No. 2946, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2948, A bill for an act relating to public employment; repealing final
offer total package arbitration procedures for professional firefighters; repealing Minnesota Statutes 2006, section
179A.16, subdivision 7a.
The
bill was read for the first time.
Atkins
moved that S. F. No. 2948 and H. F. No. 3365, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2939, A bill for an act relating to telecommunications; modifying
provisions relating to alternative regulation plans; amending Minnesota
Statutes 2006, section 237.766, by adding a subdivision.
The
bill was read for the first time.
Beard
moved that S. F. No. 2939 and H. F. No. 3327, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3377, A bill for an act relating to public safety; repealing the Furniture
Fire Safety Act; repealing Minnesota Statutes 2006, sections 299F.840;
299F.841, subdivisions 1, 4, 5, 6, 7, 8; 299F.842; 299F.843; 299F.844;
299F.845; 299F.846; 299F.847; 299F.848.
The
bill was read for the first time.
Smith
moved that S. F. No. 3377 and H. F. No. 3572, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3492, A bill for an act relating to public safety; extending the duration
of orders for protection and restraining orders after multiple violations or
continued threats; amending Minnesota Statutes 2006, sections 518B.01,
subdivisions 6, 6a, 11, 18; 609.748, subdivisions 3, 5, 8.
The
bill was read for the first time.
Hosch
moved that S. F. No. 3492 and H. F. No. 1625, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3669, A bill for an act relating to transportation; requiring report on
mitigating effects of transportation construction projects on small businesses.
The
bill was read for the first time and referred to the Committee on Finance.
S. F. No. 3256, A bill for an act relating to human
services; modifying license requirements for day training and habilitation
programs; amending Minnesota Statutes 2006, sections 245A.10, subdivision 4;
245B.07, subdivision 12.
The
bill was read for the first time.
Sailer
moved that S. F. No. 3256 and H. F. No. 3559, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2828, A bill for an act relating to crime; modifying trespassing on
critical public service property; amending Minnesota Statutes 2006, section
609.6055, subdivisions 1, 2.
The
bill was read for the first time.
Paymar
moved that S. F. No. 2828 and H. F. No. 3228, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3119, A bill for an act relating to emergency management; authorizing
interstate assistance by local governments; proposing coding for new law in
Minnesota Statutes, chapter 192.
The
bill was read for the first time.
Tschumper
moved that S. F. No. 3119 and H. F. No. 3456, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 1018, A bill for an act relating to health occupations; changing provisions
for physical therapy licensure; amending Minnesota Statutes 2006, sections
148.65, by adding a subdivision; 148.76, subdivision 2; Minnesota Statutes 2007
Supplement, section 148.75; repealing Minnesota Rules, parts 5601.0100,
subparts 5, 6, 7, 8; 5601.1200; 5601.1800; 5601.1900.
The
bill was read for the first time.
Thissen
moved that S. F. No. 1018 and H. F. No. 1189, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2024, A bill for an act relating to human services; requiring notice for a
redetermination of eligibility for services to disabled children; amending
Minnesota Statutes 2006, section 256B.055, subdivision 12.
The
bill was read for the first time.
Norton
moved that S. F. No. 2024 and H. F. No. 2426, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3202, A bill for an act relating to state government; codifying the
transfer of employee relations duties to the Department of Finance and other
agencies; amending Minnesota Statutes 2006, sections 15.01; 15.06, subdivision
1; 15A.0815, subdivision 2; 16A.055, subdivision 1; 16B.87, subdivision 1;
43A.04, subdivisions 1, 2, 9; 43A.044; 43A.05, subdivisions 1, 6; 43A.06, subdivisions
1, 3; 43A.08, subdivision 1a; 43A.17, subdivision 8; 43A.183, subdivisions 3,
4, 5; 43A.23, subdivision 2; 43A.30, subdivisions 4, 5; 43A.311; 43A.48;
176.541, subdivisions 2, 3, 4, 6; 176.571; 176.572; 176.581; 176.591,
subdivision 3; 176.603; 176.611, subdivisions 2, 2a, 3a; 356.215, subdivision
2a; Minnesota Statutes 2007 Supplement, sections 16B.04, subdivision 2; 43A.50,
subdivisions 1, 2; 136F.42, subdivision 1; 353.03, subdivision 3; repealing
Minnesota Statutes 2006, sections 43A.03; 176.5401.
The
bill was read for the first time.
Pelowski
moved that S. F. No. 3202 and H. F. No. 3309, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2765, A bill for an act relating to insurance; regulating auto insurance;
regulating certain claims practices; amending Minnesota Statutes 2006, section
65B.54, by adding a subdivision.
The
bill was read for the first time.
Dominguez
moved that S. F. No. 2765 and H. F. No. 2721, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3672, A bill for an act relating to relating to liquor; permitting farm
wineries to manufacturer and sell distilled spirits under certain conditions;
authorizing liquor licenses; making technical corrections; amending Minnesota
Statutes 2006, section 340A.315, by adding a subdivision; Minnesota Statutes
2007 Supplement, section 340A.412, subdivision 4.
The
bill was read for the first time and referred to the Committee on Commerce and
Labor.
S. F.
No. 3049, A bill for an act relating to children's mental health; requiring
children's mental health providers to develop a plan for and comply with
requirements on the use of restrictive procedures; modifying chemical use
assessments; amending Minnesota Statutes 2006, section 256B.0943, subdivision
5; Minnesota Statutes 2007 Supplement, section 254A.19, subdivision 3, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 245.
The
bill was read for the first time.
Walker
moved that S. F. No. 3049 and H. F. No. 3377, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2996, A bill for an act relating to energy and the environment; extending
the definition of biomass with respect to renewable energy objectives,
distributed energy resources, and renewable energy resource planning; extending
the expiration date for the Metropolitan Area Water Supply Advisory Committee;
amending Minnesota Statutes 2006, sections 216B.2411, subdivision 2; 216B.2422,
subdivision 1; 473.1565, subdivision 2; Minnesota Statutes 2007 Supplement,
section 216B.1691, subdivision 1.
The
bill was read for the first time.
Gardner
moved that S. F. No. 2996 and H. F. No. 2903, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2806, A bill for an act relating to economic development; clarifying
conflict of interest rules for local economic development authorities;
providing criminal penalties; amending Minnesota Statutes 2006, section
469.098.
The
bill was read for the first time.
Solberg
moved that S. F. No. 2806 and H. F. No. 3295, now on the Consent Calendar, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3070, A bill for an act relating to trust property; authorizing the use of
debit or credit cards to draw funds from custodial trust accounts; amending
Minnesota Statutes 2006, section 529.08.
The
bill was read for the first time.
Simon
moved that S. F. No. 3070 and H. F. No. 3457, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3203, A bill for an act relating to horse racing; modifying certain medication
regulations; amending Minnesota Statutes 2006, section 240.24, subdivision 2.
The
bill was read for the first time.
Tillberry
moved that S. F. No. 3203 and H. F. No. 3766, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3098, A bill for an act relating to lawful gambling; providing for certain
penalties; modifying licensing and other regulatory provisions; making changes
to expenditure restrictions; modifying games and prizes; making clarifying,
conforming, and technical changes to lawful gambling; requiring a report;
amending Minnesota Statutes 2006, sections 349.12, subdivisions 18, 31; 349.15,
by adding a subdivision; 349.161, subdivisions 1, 5; 349.1641; 349.167,
subdivisions 2, 4, 7; 349.17, subdivision 7; 349.18, subdivision 1; 349.19,
subdivision 10; 349.191, subdivisions 1a, 1b; 349.2113; Minnesota Statutes 2007
Supplement, sections 349.15, subdivision 1; 349.17, subdivision 8; 349.211,
subdivisions 2, 2a, 2c, 3, 4, by adding a subdivision.
The
bill was read for the first time.
Atkins
moved that S. F. No. 3098 and H. F. No. 3397, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2597, A bill for an act relating to education; requiring school boards to
seek information from prospective teachers and the Board of Teaching about
disciplinary actions against the teachers; amending Minnesota Statutes 2006,
section 123B.03, subdivision 2, by adding a subdivision.
The
bill was read for the first time.
Bigham
moved that S. F. No. 2597 and H. F. No. 2657, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3138, A bill for an act relating to health; changing provisions for
handling genetic information; amending Minnesota Statutes 2006, sections
13.386, subdivision 3; 144.05, by adding a subdivision; Minnesota Statutes 2007
Supplement, section 144.125, subdivision 3.
The
bill was read for the first time.
Thissen
moved that S. F. No. 3138 and H. F. No. 3438, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3137, A bill for an act relating to commuter rail; clarifying the
commissioner of transportation's authority; providing for the operation and
maintenance of commuter rail lines located in whole or in part within the
metropolitan area; proposing coding for new law in Minnesota Statutes, chapters
174; 473.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3474, A bill for an act relating to Rock County; providing a process for
making certain offices appointive in Rock County.
The
bill was read for the first time.
Magnus
moved that S. F. No. 3474 and H. F. No. 3831, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3342, A bill for an act relating to public safety; providing for an
e-charging service; requiring fingerprinting; amending Minnesota Statutes 2006,
sections 13.871, by adding a subdivision; 299C.10, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 299C.
The
bill was read for the first time.
Hilstrom
moved that S. F. No. 3342 and H. F. No. 3683, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3130, A bill for an act relating to corrections; making technical
corrections and amendments to certain youth correction, county jail, adult
offender supervision, and fingerprinting provisions; changing date for annual
report of Advisory Council on Interstate Adult Offender Supervision; amending
Minnesota Statutes 2006, sections 241.301; 243.1606, subdivision 3; 609.117,
subdivision 3; 641.09; 641.18; repealing Minnesota Statutes 2006, sections
242.193, subdivision 1; 242.39; 260B.241; 260C.207.
The
bill was read for the first time.
Kalin
moved that S. F. No. 3130 and H. F. No. 3690, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2533, A bill for an act relating to gambling; clarifying definition of
gambling device; repealing a provision relating to manufacture of gambling
devices or components for shipment to other jurisdictions; amending Minnesota Statutes
2006, section 609.75, subdivision 4; repealing Minnesota Statutes 2006, section
349.40.
The
bill was read for the first time.
Tillberry
moved that S. F. No. 2533 and H. F. No. 3378, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3003, A bill for an act relating to agriculture; requiring wholesalers of
lawn fertilizer containing phosphorous to provide retail signage; amending
Minnesota Statutes 2006, section 18C.60, by adding a subdivision; repealing
Minnesota Statutes 2006, section 18C.60, subdivision 4.
The
bill was read for the first time.
Gardner
moved that S. F. No. 3003 and H. F. No. 3789, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2775, A bill for an act relating to utilities; requiring notice to city
when customer's heat source disconnected; amending Minnesota Statutes 2006,
section 13.681, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 216B.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 2368, A bill for an act relating to human services; requiring the
commissioner to notify the legislature prior to the closure or transfer of an
enterprise activity; amending Minnesota Statutes 2006, section 246.0136, by
adding a subdivision.
The
bill was read for the first time.
Ward
moved that S. F. No. 2368 and H. F. No. 2588, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2403, A bill for an act relating to public safety; modifying provision
relating to disability of peace officer or firefighter; amending Minnesota
Statutes 2006, section 299A.465, subdivision 1.
The
bill was read for the first time.
Nelson
moved that S. F. No. 2403 and H. F. No. 3503, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3235, A bill for an act relating to data practices; classifying data and
authorizing data sharing; making technical changes; regulating practices of
business screening services; providing for civil penalties and remedies;
amending Minnesota Statutes 2006, sections 6.715, by adding a subdivision;
13.03, subdivision 3; 13.32, by adding
a
subdivision; 123B.03, subdivisions 2, 3, by adding a subdivision; 260B.171,
subdivision 5; 518.10; Minnesota Statutes 2007 Supplement, section 13.39,
subdivisions 2, 2a; proposing coding for new law in Minnesota Statutes, chapter
332.
The
bill was read for the first time.
Simon
moved that S. F. No. 3235 and H. F. No. 3553, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2576, A bill for an act relating to crimes; including false police and fire
emergency calls as misdemeanor offense; amending Minnesota Statutes 2006,
section 609.78, subdivision 1.
The
bill was read for the first time.
Shimanski
moved that S. F. No. 2576 and H. F. No. 3217, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3647, A bill for an act relating to public safety; making certain emergency
responders exempt from permit requirement for emergency communications
equipment; amending Minnesota Statutes 2006, section 299C.37, subdivision 3.
The
bill was read for the first time.
Bunn
moved that S. F. No. 3647 and H. F. No. 3374, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2449, A bill for an act relating to agriculture; modifying prohibited uses
of pesticide; amending Minnesota Statutes 2006, section 18B.07, subdivision 2.
The
bill was read for the first time.
Hansen
moved that S. F. No. 2449 and H. F. No. 2573, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3282, A bill for an act relating to veterans; transferring functions of the
Veterans Homes Board of Directors to commissioner of veterans affairs; amending
Minnesota Statutes 2006, sections 196.021; 196.03; 198.32, subdivision 1;
repealing Minnesota Statutes 2006, sections 198.001, subdivisions 6, 9;
198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision
2; Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2;
198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3263, A bill for an act relating to health; permitting hospital records to
be transferred to electronic image; amending Minnesota Statutes 2006, sections
145.30; 145.31; Minnesota Statutes 2007 Supplement, section 145.32, subdivision
1.
The
bill was read for the first time.
Bunn
moved that S. F. No. 3263 and H. F. No. 3710, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3268, A bill for an act relating to counties; authorizing interim use
ordinances; amending Minnesota Statutes 2006, section 394.26; proposing coding
for new law in Minnesota Statutes, chapter 394.
The
bill was read for the first time.
Erickson
moved that S. F. No. 3268 and H. F. No. 3313, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3132, A bill for an act relating to health; regulating medical debt
information; proposing coding for new law in Minnesota Statutes, chapter 325E.
The
bill was read for the first time.
Loeffler
moved that S. F. No. 3132 and H. F. No. 3610, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3473, A bill for an act relating to Jackson County; providing a process for
making the office of county auditor-treasurer appointive.
The
bill was read for the first time and referred to the Committee on Local
Government and Metropolitan Affairs.
S. F.
No. 3326, A bill for an act relating to agriculture; changing certain payment
provisions for certain agricultural chemical corrective action costs; amending
Minnesota Statutes 2006, section 18E.04, subdivision 2.
The
bill was read for the first time.
Faust
moved that S. F. No. 3326 and H. F. No. 3361, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2990, A bill for an act relating to transit; modifying restrictions on Dan
Patch commuter rail line to allow study and planning; amending Laws 2002,
chapter 393, section 85.
The
bill was read for the first time and referred to the Transportation Finance
Division.
S. F.
No. 3214, A bill for an act relating to commerce; clarifying the application of
the Minnesota Residential Mortgage Originator and Servicer Licensing Act;
clarifying the investment authority of certain insurers; amending Minnesota
Statutes 2006, sections 58.02, subdivisions 18, 21; 58.14, subdivisions 3, 4,
5; 60A.11, subdivision 9.
The
bill was read for the first time.
Dominguez
moved that S. F. No. 3214 and H. F. No. 3774, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3213, A bill for an act relating to human services; making technical
changes; amending health care and miscellaneous provisions; amending Minnesota
Statutes 2006, sections 254A.035, subdivision 2; 254A.04; 256.046; 256B.093,
subdivision 1; 256L.07, subdivision 5; Minnesota Statutes 2007 Supplement,
sections 256.01, subdivision 2b; 256.476, subdivisions 4, 5; 256B.057,
subdivision 2c; 256B.06, subdivision 4; 256B.0655, subdivision 12; 256D.03,
subdivision 3; 256L.15, subdivision 2; repealing Minnesota Statutes 2006,
section 256B.039.
The
bill was read for the first time.
Hosch
moved that S. F. No. 3213 and H. F. No. 3435, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3412, A bill for an act relating to transportation; defining medium-speed
electric vehicles; requiring medium-speed electric vehicles to be registered
and titled; identifying roads on which medium-speed electric vehicles may be
operated; amending Minnesota Statutes 2006, sections 168.011, subdivision 7;
168A.05, subdivision 9; 169.01, by adding a subdivision; 169.224.
The
bill was read for the first time and referred to the Transportation Finance
Division.
S. F.
No. 2642, A bill for an act relating to data practices; modifying provisions of
the safe at home program; amending Minnesota Statutes 2006, sections 5B.02;
5B.03, subdivision 1; 5B.07; 13.805, subdivision 2; 171.06, subdivision 3;
171.07, subdivisions 1, 3.
The
bill was read for the first time.
Simon
moved that S. F. No. 2642 and H. F. No. 2991, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3225, A bill for an act relating to human services; authorizing the
ombudsman and Medical Review Subcommittee to gather data about deceased
clients; amending Minnesota Statutes 2006, sections 245.91, subdivision 3, by
adding a subdivision; 245.92; 245.94, subdivisions 1, 2a; 245.97, subdivision
5.
The
bill was read for the first time.
Madore
moved that S. F. No. 3225 and H. F. No. 3576, now on the Calendar for the Day,
be referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3563, A bill for an act relating to human services; making changes to
continuing care provisions; clarifying licensing fines; clarifying senior
nutrition appropriations; amending local certification requirements; amending
Minnesota Statutes 2007 Supplement, sections 245A.07, subdivision 3; 256B.49, subdivision
16a; Laws 2007, chapter 147, article 19, section 3, subdivision 8.
The
bill was read for the first time.
Norton
moved that S. F. No. 3563 and H. F. No. 3579, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2654, A bill for an act relating to statutory cities; providing for
discharge of a charter commission; authorizing charter amendments by ordinance;
providing for water and sewer charges; amending Minnesota Statutes 2006,
sections 410.05, subdivision 5; 410.12, subdivision 7; 444.075, subdivision 3.
The
bill was read for the first time.
Tillberry
moved that S. F. No. 2654 and H. F. No. 3904, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2936, A bill for an act relating to real property; modifying certain plat
requirements; amending Minnesota Statutes 2006, sections 505.20; 508.47,
subdivision 4; 508A.47, subdivision 4; Minnesota Statutes 2007 Supplement,
sections 505.01, subdivision 3; 505.021, subdivisions 8, 10.
The
bill was read for the first time.
Marquart
moved that S. F. No. 2936 and H. F. No. 3129, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3756, A bill for an act relating to the military; changing eligibility for
brevet promotion; amending Minnesota Statutes 2006, section 192.20.
The
bill was read for the first time.
Dettmer
moved that S. F. No. 3756 and H. F. No. 3297, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 3450, A bill for an act relating to veterans; authorizing and regulating
state veterans cemeteries; amending Minnesota Statutes 2006, section 197.236.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3000, A bill for an act relating to health professions; modifying
complementary and alternative health care practices; amending Minnesota
Statutes 2007 Supplement, section 146A.08, subdivision 1.
The
bill was read for the first time and referred to the Committee on Health and
Human Services.
S. F.
No. 3174, A bill for an act relating to securities; modifying the Minnesota
Securities Act; regulating registrations, filings, and fees; making various
technical changes; amending Minnesota Statutes 2006, sections 80A.40; 80A.41;
80A.46; 80A.50; 80A.52; 80A.54; 80A.55; 80A.56; 80A.57; 80A.58; 80A.60; 80A.65,
subdivision 2, by adding a subdivision; 80A.66; 80A.67; 80A.76; 80A.82; 80A.83;
80A.85; 80A.87.
The
bill was read for the first time.
Tillberry
moved that S. F. No. 3174 and H. F. No. 3306, now on the General Register, be
referred to the Chief Clerk for comparison.
The motion prevailed.
S. F.
No. 2408, A bill for an act relating to city of Minneapolis; allowing city to
restrict use of engine brakes on Interstate Highway 394.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3224, A bill for an act relating to transportation; authorizing creation of
Advisory Committee on Nonmotorized Transportation; proposing coding for new law
in Minnesota Statutes, chapter 174.
The
bill was read for the first time and referred to the Committee on Finance.
S. F.
No. 3350, A bill for an act relating to human services; changing the standard
of evidence in a disqualification to clear and convincing evidence; amending
Minnesota Statutes 2006, sections 245C.29, subdivision 2; 256.045, subdivisions
3, 3b; Minnesota Statutes 2007 Supplement, sections 245C.14, subdivision 1;
245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 3; 245C.27, subdivision 1.
The
bill was read for the first time and referred to the Committee on Public Safety
and Civil Justice.
S. F. No. 3129, A bill for an act relating to the judiciary;
including appellate court appointments in the Commission on Judicial
Selection process; amending Minnesota Statutes 2006, section 480B.01,
subdivisions 1, 6, 10.
The
bill was read for the first time and referred to the Committee on Public Safety
and Civil Justice.
S. F.
No. 2645, A bill for an act relating to family law; eliminating requirement of
Social Security number in marriage dissolution petitions; amending Minnesota
Statutes 2006, section 518.10.
The
bill was read for the first time and referred to the Committee on Public Safety
and Civil Justice.
IN
MEMORIAM
The members of the House paused for a moment of silence in
memory of former Representative Howard Nelson of Lindstrom, Minnesota, who
served from 1959 - 1961, who passed away on Monday, March 31, 2008.
The Speaker assumed the Chair.
CONSENT CALENDAR
Sertich moved that the Consent Calendar be continued. The motion prevailed.
CALENDAR FOR THE DAY
S. F. No. 1218 was reported to the House.
Kalin moved to amend S. F.
No. 1218, the unofficial engrossment, as follows:
Page 1, delete section 2
Page 2, line 16, strike
"military identification card number,"
Page 2, line 16, strike
"or"
Page 2, line 17, after
"number" insert ", or the last four digits of the
voter's social security number"
Page 2, line 33, delete
"military identification card number,"
Page 2, line 34, after the
second comma, insert "or the last four digits of the voter's social
security number,"
Page 4, line 1, delete the
new language
Page 4, line 2, delete the
new language
Page 4, line 5, after the
period, insert "The requirements of this subdivision do not apply to
ballots and related materials provided under section 203B.225."
Page 4, line 18, strike
"military identification card number,"
Page 4, line 18, strike
"or"
Page 4, line 19, after
"number" insert ", or the last four digits of the
voter's social security number"
Page 5, line 30, delete
"Upon receipt"
Page 5, delete lines 31 to
33
Page 6, delete lines 1 to 5
Page 6, line 29, after the
period, insert "If the certificate of voter eligibility is not printed
on the return or administrative envelope, the certificate must be attached to
the ballot secrecy envelope."
Page 6, line 30, after
"must" insert "immediately"
Page 7, line 18, strike
"military identification number" and delete the comma
Page 7, line 22, after
"number" insert ", or the last four digits of the
voter's social security number"
Page 8, line 21 strike
"SPECIAL"
Page 8, line 22, after
"DAY" insert "SPECIAL"
Page 9, delete section 15
Page 9, after line 21,
insert:
"Sec. 17. EFFECTIVE
DATE.
This act is effective for
elections held after June 1, 2008."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1218, A bill for an act relating to elections;
changing certain procedures and requirements for absent voters; providing for
privacy of certain voter registration information; providing for certain
emergency situations; authorizing rulemaking; amending Minnesota Statutes 2006,
sections 201.091, subdivision 9; 203B.16, subdivision 2; 203B.17, subdivision
2; 203B.19; 203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24;
203B.25; 203B.26; proposing coding for new law in Minnesota Statutes, chapter
203B; repealing Minnesota Statutes 2006, section 203B.16, subdivision 3.
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 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
S. F. No. 1298 was reported to the House.
Hilty moved to amend S. F.
No. 1298, the unofficial engrossment, as follows:
Page 6, line 1, before
"if" insert "(3)" and reinstate the stricken
"if the voter was not previously registered," and delete the second
"(3)"
Page 6, after line 4,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 7, after line 4,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 8, after line 36,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1, 2008."
Page 10, delete section 14
Page 11, delete sections 15
and 16
Page 12, delete sections 17
and 18
Page 13, after line 8,
insert:
"Sec. 19. Minnesota Statutes 2006, section 205.10, is
amended by adding a subdivision to read:
Subd. 6. Cancellation. A special election ordered by the
governing body of the municipality on its own motion under subdivision 1 may be
cancelled by motion of the governing body, but not less than 46 days before the
election.
EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 13, after line 15,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 13, after line 20,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 13, after line 31,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 14, after line 9,
insert:
"EFFECTIVE DATE. This section is effective for elections held after June 1,
2008."
Page 14, delete section 24
Page 16, delete line 27
Page 16, line 28, delete
"other" and after "sections" insert "in
this article"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Brod moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 16, after line 22,
insert:
"Sec. 28. CONSTITUTIONAL
AMENDMENT.
An amendment to the
Minnesota Constitution, article IV, section 4, is proposed to the people. If the amendment is adopted, the section
will read:
Sec. 4. Representatives shall be chosen for a term
of two years, except to fill a vacancy.
Senators shall be chosen for a term of four years, except to fill a
vacancy, and except as otherwise required by this article. There shall be an entire new election of
all the senators at the first election of representatives after each new
legislative apportionment provided for in this article, and at that
election, senators elected from odd-numbered districts shall be elected to
two-year terms. The governor shall
call elections to fill vacancies in either house of the legislature.
Sec. 29. QUESTION.
The proposed amendment shall
be submitted to the people at the 2008 general election. The question submitted shall be:
"Shall the Minnesota
Constitution be amended to require that, as near as practical, one-half of the
members of the senate stand for election at each biennial election of
legislators, commencing in 2012?
Yes
.......
No
.......""
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 Brod amendment and the roll was
called. There were 64 yeas and 65 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Knuth
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Norton
Olin
Olson
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Severson
Shimanski
Simpson
Slawik
Smith
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Otremba
Paymar
Peterson, A.
Peterson, S.
Rukavina
Sertich
Simon
Slocum
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Emmer offered an amendment to S. F. No. 1298,
the unofficial engrossment, as amended.
POINT
OF ORDER
Hilty raised a point of order pursuant to rule 3.21 that the
Emmer amendment was not in order. The
Speaker ruled the point of order well taken and the Emmer amendment out of
order.
Anderson, S., moved to amend
S. F. No. 1298, the unofficial engrossment, as amended, as follows:
Page 1, after line 21,
insert:
"Section 1. Minnesota Statutes 2006, section 135A.17,
subdivision 2, is amended to read:
Subd. 2. Residential
housing list. All postsecondary
institutions that enroll students accepting state or federal financial aid may
prepare a current list of students enrolled in the institution and residing in
the institution's housing or within ten miles of the institution's campus. The list shall include each student's
current address. The list shall be
certified and sent to the appropriate county auditor or auditors for use in
election day registration as provided under section 201.061, subdivision
3. A residential housing list
provided under this subdivision may not be used or disseminated by a county
auditor or the secretary of state for any other purpose."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
POINT
OF ORDER
Hilty raised a point of order pursuant to rule 3.21 that the
Anderson, S., amendment was not in order.
The Speaker ruled the point of order not well taken and the Anderson,
S., amendment in order.
The question recurred on the Anderson, S., amendment and the
roll was called. There were 128 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The motion prevailed and the amendment was adopted.
The Speaker called Juhnke to the Chair.
Anderson, S., moved to amend
S. F. No. 1298, the unofficial engrossment, as amended, as follows:
Page 3, line 5, strike
"15" and insert "three"
Page 3, lines 15 to 19,
reinstate the stricken language
A roll call was requested and properly seconded.
The question was taken on the Anderson, S., amendment and the
roll was called. There were 50 yeas
and 80 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Dean offered an amendment to S. F. No. 1298, the
unofficial engrossment, as amended.
POINT
OF ORDER
Hilty raised a point of order pursuant to rule 3.21 that the
Dean amendment was not in order.
Speaker pro tempore Juhnke ruled the point of order well taken and the
Dean amendment out of order.
Dean offered an amendment to S. F. No. 1298, the
unofficial engrossment, as amended.
POINT
OF ORDER
Hilty raised a point of order pursuant to rule 3.21 that the
Dean amendment was not in order.
Speaker pro tempore Juhnke ruled the point of order well taken and the
Dean amendment out of order.
Brod appealed the decision of Speaker pro tempore Juhnke.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Juhnke stand as the judgment of the House?" and the
roll was called. There were 80 yeas and
49 nays as follows:
Those who voted in the affirmative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
So it was the judgment of the House that the decision of
Speaker pro tempore Juhnke should stand.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Thissen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Zellers moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 1, delete section 1 and
insert:
"Section 1. Minnesota Statutes 2006, section 201.054, is
amended by adding a subdivision to read:
Subd. 3. Compensation for
collecting registration forms prohibited. (a) No individual may be compensated for the solicitation,
collection, or acceptance of voter registration applications from voters for
submission to the secretary of state, a county auditor, or other local election
officials.
(b) This subdivision does
not apply to an employee of the state or a political subdivision of the state,
if the solicitation, collection, or acceptance of the voter registration
applications is a result of the normal course of the employee's job
duties. This subdivision shall also not
apply to individuals whose solicitation, collection, or acceptance of voter
registration applications is merely incidental and does not constitute a
substantial portion of the individual's normal job duties.
(c) A person who violates
this subdivision is guilty of a petty misdemeanor."
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 Zellers amendment and the roll
was called.
Sertich moved that those not voting be excused from
voting. The motion prevailed.
There were 56 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Liebling
Magnus
McFarlane
McNamara
Nornes
Norton
Olin
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
FISCAL
CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Carlson announced his intention to place
H. F. Nos. 3391 and 3569 on the Fiscal Calendar for Thursday,
April 10, 2008.
CALL
OF THE HOUSE LIFTED
Sertich moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
Hilstrom was excused between the hours of 7:20 p.m. and 9:35
p.m.
Walker was excused for the remainder of today's session.
CALENDAR FOR THE DAY, Continued
Brod moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 2, after line 6,
insert:
"Sec. 2. Minnesota Statutes 2006, section 201.054, is
amended by adding a subdivision to read:
Subd. 4. Voter registration
outreach and solicitation training.
The secretary of state must offer training courses to individuals who
participate in a voter registration drive.
"Voter registration drive" means any activity in which an
individual provides a voter registration application to or receives a voter
registration application from more than five other individuals. No individual may provide a voter
registration application to another or collect voter registration applications
in a voter registration drive without having attended and successfully
completed a training course under this subdivision. Each course must include an explanation of:
(1) legally required
elements of the voter registration application;
(2) optional information
that a voter may provide on the voter registration application;
(3) deadlines required for
submission of completed applications to the county auditor or secretary of
state;
(4) verification and
postsubmission processes and consequences of various deficiencies or required
additional information; and
(5) numbering systems used
to track voter registration applications."
Page 2, after line 15,
insert:
"Sec. 3. Minnesota Statutes 2006, section 201.061,
subdivision 1, is amended to read:
Subdivision 1. Prior
to election day. (a) At any
time except during the 20 days immediately preceding any regularly scheduled election,
an eligible voter or any individual who will be an eligible voter at the time
of the next election may register to vote in the precinct in which the voter
maintains residence by completing a voter registration application as described
in section 201.071, subdivision 1, and submitting it in person or by mail to
the county auditor of that county or to the Secretary of State's Office. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration application shall be forwarded within two working days after
receipt to the county auditor of the county where the voter maintains
residence. A state or local agency or
an individual that accepts completed voter registration applications from a
voter must submit the completed applications to the secretary of state or the
appropriate county auditor within ten days after the applications are dated by
the voter.
For purposes of this
section, mail registration is defined as a voter registration application
delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
(b) Voter registration
applications must be numbered consecutively and those printed by a county
auditor must use only numbers assigned by the secretary of state to that
auditor. Applications printed from the
Internet must also be numbered consecutively.
Numbers must be assigned by the secretary of state. An individual requesting more than five
voter registration applications from a county auditor or from the secretary of
state must sign a receipt for those applications which contains:
(1) the name, address,
telephone number, and, if applicable, e-mail address of the individual;
(2) the name, address,
telephone number, and, if applicable, e-mail address of any organization the
individual is representing;
(3) the starting and ending
numbers of the blank applications received;
(4) the number of blank
applications received;
(5) the date;
(6) a certification that the
individual receiving the applications and the individuals participating in any
voter registration drive as defined in section 201.054 have completed a voter
registration application training course given by the secretary of state; and
(7) a certification that the
individuals and any organization will not inspect, capture, or retain, in any
way, the information provided on the voter registration application."
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 Brod amendment and the roll was
called. There were 48 yeas and 82 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Emmer moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 1, after line 21,
insert:
"Section 1. [201.017]
VOTER IDENTIFICATION CARDS.
(a) Each county auditor
shall provide at least one place in the county at which it shall accept
applications for and issue Minnesota voter identification cards to registered
Minnesota voters. A Minnesota voter
identification card shall be valid only for purposes of voter identification
under section 204C.10, and available only to registered voters of this
state. No fee may be charged or
collected for the application for or issuance of a Minnesota voter
identification card. A voter is not
eligible for a Minnesota voter identification card if the voter has a valid,
unexpired Minnesota driver's license or identification card issued by the
department of public safety.
(b) The Minnesota voter
identification card shall be captioned "MINNESOTA VOTER IDENTIFICATION
CARD," and contain a prominent statement that under Minnesota law the card
is valid only as identification for voting purposes. The card shall be laminated, contain a digital color photograph
of the applicant, and include the following information:
(1) full legal name;
(2) address of residence;
(3) birth date;
(4) date identification card
was issued;
(5) sex;
(6) height;
(7) weight;
(8) eye color;
(9) county where
identification card was issued including a county number to be assigned for
each county by the secretary of state; and
(10) such other information
or identification as required by the secretary of state.
(c) The application for a
voter identification card shall elicit the information required under paragraph
(b) of this section and such other information as may be required by rule of
the secretary of state. The application
shall be signed and sworn to by the applicant.
Any falsification or fraud in the making of the application shall
constitute a felony.
(d) The county auditor shall
require presentation and verification of the following information before
issuing a voter identification card:
(1) a photo identity
document, except that a nonphoto identity document is acceptable if it includes
both the person's full legal name and date of birth;
(2) documentation showing
the person's date of birth;
(3) evidence that the person
is registered to vote in Minnesota; and
(4) documentation showing
the person's name and address of principal residence.
(e) A voter identification
card shall remain valid so long as a person resides at the same address and
remains qualified to vote. It shall be
the duty of a person who moves his or her residence within the state of
Minnesota to surrender his or her card to the appropriate county auditor of the
new residence, and after surrender, a person may apply for and receive a new
card if the person is otherwise eligible under this section. It shall be the duty of a person who moves
to a residence outside the state of Minnesota or who ceases to be qualified to
vote to surrender the voter identification card to the county auditor from
which it was issued.
(f) The secretary of state
shall provide each county auditor with the necessary equipment, forms,
supplies, and training for the production of the Minnesota voter identification
cards and shall maintain such equipment.
(g) The secretary of state
shall adopt rules for the administration of this section and, without limiting
the generality of the foregoing, such rules may further define or prescribe the
types of documentation required under paragraph (d) of this section.
EFFECTIVE DATE. This section is effective January 1, 2010."
Page 10, after line 12,
insert:
"Sec. 13. Minnesota Statutes 2006, section 204C.10, is
amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.
Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign
a polling place roster which states that the individual is at least 18 years of
age, a citizen of the United States, has resided in Minnesota for 20 days
immediately preceding the election, maintains residence at the address shown,
is not under a guardianship in which the court order revokes the individual's
right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a
felony, the felony sentence has expired or been completed or the individual has
been discharged from the sentence, is registered and has not already voted in
the election. The roster must also
state: "I understand that deliberately providing false information is a
felony punishable by not more than five years imprisonment and a fine of not
more than $10,000, or both."
(b) A judge may, before
Before the applicant signs the roster, a judge: (1) may confirm the applicant's name,
address, and date of birth; and (2) except when a voter has a religious
objection to being photographed, shall require the voter to provide photo
identification, as described in subdivision 2.
(c) After the applicant
signs the roster, the judge shall give the applicant a voter's receipt. The voter shall deliver the voter's receipt
to the judge in charge of ballots as proof of the voter's right to vote, and
thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained
during the time for notice of filing an election contest.
Subd. 2. Photo identification. To comply with the photo identification
requirements of subdivision 1, paragraph (b), a voter must present one of the
following:
(1) a Minnesota driver's
license, properly issued by the Department of Public Safety;
(2) a valid Minnesota voter
identification card issued under section 201.017 or other valid identification
card issued by a branch, department, agency, or entity of the state of
Minnesota, any other state, or the United States authorized by law to issue
personal identification, provided that such identification card contains a
photograph of the voter;
(3) a valid United States
passport;
(4) a valid employee
identification card containing a photograph of the voter and issued by any
branch, department, agency, or entity of the United States government, this
state, or any county, municipality, board, authority, or other entity of this state;
(5) a valid United States
military identification card, provided that such identification card contains a
photograph of the voter; or
(6) a valid tribal
identification card containing a photograph of the voter.
Subd. 3. Provisional ballots. If a voter is unable to produce any of
the items of identification listed in subdivision 2, the voter shall be allowed
to vote a provisional ballot upon swearing or affirming that the elector is the
person identified on the polling place roster, following the procedures
established in section 204C.135.
Falsely swearing or affirming such statement under oath shall be
punishable as a felony, and the penalty shall be distinctly set forth on the
face of the statement.
EFFECTIVE DATE. This section is effective for elections held on or after
January 1, 2010.
Sec. 14. [204C.135]
PROVISIONAL BALLOTS.
Subdivision 1. Casting of provisional
ballots. (a) A voter who
appears at a polling place for the purpose of casting a ballot in a primary or
general election but is unable to provide proper photo identification as
required by section 204C.10 shall be entitled to cast a provisional ballot as
provided by this section.
(b) A voter voting a
provisional ballot must complete an official voter registration form and a provisional
ballot voting certificate which shall include information about the place,
manner, and approximate date on which the person previously registered to
vote. The voter must also swear or
affirm in writing that the voter previously registered to vote in the primary
or general election, is eligible to vote in the primary or general election,
has not voted previously in the primary or general election, and meets the
criteria for registering to vote in the primary or general election. The form of the provisional ballot voting
certificate shall be prescribed by the secretary of state.
(c) When the voter has
provided the information required by this subdivision, the voter shall be
issued a provisional ballot and be allowed to cast that ballot. A voter shall cast a provisional ballot on
the same type of ballot that is utilized by the county or municipality for
mail-in absentee ballots. Such
provisional ballot shall be sealed in the manner required for absentee ballots
pursuant to section 203B.07 and shall be deposited by the person casting such
ballot in a secure, sealed ballot box.
Subd. 2. Counting provisional
ballots. (a) At the earliest
time possible after the casting of a provisional ballot, but no later than the
day after the primary or election in which such provisional ballot was cast,
the head election judge in precincts where a provisional ballot was cast must
notify the county auditor or municipal clerk that provisional ballots were cast
in the primary or election. The county
auditor or municipal clerk shall be provided with the documents completed by
the person casting the provisional ballot as provided in subdivision 1. Provisional ballots shall be securely
maintained by the county auditor or municipal clerk until a determination has
been made concerning their status. The
county auditor or municipal clerk shall immediately examine the information
contained on such documents and make a good faith effort to determine whether
the person casting the provisional ballot was entitled to vote in the primary
or election.
(b)(1) If the county auditor
or municipal clerk determines after the polls close, but not later than two
days following the primary or election, that the person casting the provisional
ballot timely registered to vote and was eligible and entitled to vote in such
primary or election, the county auditor or municipal clerk shall count the
ballot in the county or municipality's certified election results.
(2) If the county auditor or
municipal clerk determines that the person casting the provisional ballot did
not timely register to vote or was not eligible or entitled to vote in such
primary or election, or shall be unable to determine within two days following
such primary or election whether the person timely registered to vote and was
eligible and entitled to vote in such primary or election, the ballot shall not
be counted. The county auditor or
municipal clerk shall mark or otherwise document that such ballot was not
counted and shall treat the ballot as spoiled.
(c) The county auditor or
municipal clerk shall notify in writing those voters whose provisional ballots
were not counted that their ballots were not counted because of the inability
to verify the voter's proper registration.
EFFECTIVE DATE. This section is effective for elections held on or after
January 1, 2010."
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 Emmer amendment and the roll was
called. There were 59 yeas and 70 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Lanning
Madore
Magnus
McFarlane
McNamara
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Poppe
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
DeLaForest and Peterson, S., offered an amendment to
S. F. No. 1298, the unofficial engrossment, as amended.
POINT
OF ORDER
Hilty raised a point of order pursuant to
rule 3.21 that the DeLaForest and Peterson, S., amendment was not in
order. The Speaker ruled the point of
order well taken and the DeLaForest and Peterson, S., amendment out of order.
Hackbarth moved to amend S.
F. No. 1298, the unofficial engrossment, as amended, as follows:
Page 4, after line 11,
insert:
"Sec. 4. [201.1612]
VOTER REGISTRATION; GAME AND FISH LICENSE APPLICATIONS.
All applications for a game
and fish license issued by the commissioner of natural resources must also be
designed to serve as a voter registration application. The application must include a space for the
applicant to confirm their eligibility and to indicate a desire to be
registered to vote upon submission of the application.
Information on applicants
who indicate a desire to be registered to vote must be submitted at least
weekly by electronic means to the secretary of state. An applicant who does not desire to be registered to vote is not
required to provide the additional information relating to voter registration
as provided by this paragraph.
EFFECTIVE DATE. This section is effective June 1, 2009."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Olson moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 15, lines 27 and 28,
strike the old language and delete the new language
Page 15, before line 29,
insert:
"(2) the printed
name, address, and signature of the person responsible for filing the report,
and the person's telephone number and e-mail address if either are available;"
Page 16, line 3, before the
period, insert "as evidenced by restraining order or other court order
or petition to the court"
A roll call was requested and properly seconded.
The question was taken on the Olson amendment and the roll was
called. There were 12 yeas and 116 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Buesgens
Drazkowski
Erickson
Gunther
Hackbarth
Heidgerken
Nornes
Olson
Peppin
Westrom
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hansen
Hausman
Haws
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Brod moved to amend S. F.
No. 1298, the unofficial engrossment, as amended, as follows:
Page 16, after line 22,
insert:
"Sec. 28. REPORT.
No later than 180 days after
the date of a general election, the secretary of state shall report to the
house of representatives and senate committees with jurisdiction over elections
the number of incidents where a legal noncitizen voted at that general
election.
EFFECTIVE DATE. This section is effective August 1, 2008."
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 Brod amendment and the roll was
called. There were 119 yeas and 11 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anzelc
Dominguez
Hornstein
Jaros
Kahn
Loeffler
Murphy, E.
Paymar
Rukavina
Thao
Winkler
The motion prevailed and the amendment was adopted.
S. F. No. 1298, A bill for an act relating to elections;
changing certain voter registration procedures and requirements, filing
requirements, voting procedures, election day prohibitions, and ballot
preparation requirements; establishing a complaint and resolution process;
requiring challengers to prove residence in this state; requiring certain
notices; changing a petition requirement; imposing penalties; amending
Minnesota Statutes 2006, sections 201.016, subdivision 1a; 201.056; 201.061,
subdivisions 1, 3, by adding a subdivision; 201.071, subdivision 1; 201.171;
203B.07, subdivision 2; 203B.081; 203B.12, subdivision 4; 203B.13, subdivisions
1, 2; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16,
subdivision 1; 204B.45, subdivisions 1, 2; 204C.06, subdivisions 1, 8; 204C.07,
subdivision 3a, by adding a subdivision; 204D.09, subdivision 2; 204D.16;
205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16,
subdivisions 2, 3, 4; 205A.05, by adding a subdivision; 205A.07, subdivisions
3, 3a; 206.57, subdivision 5; 206.89, subdivisions 1, 5; 211A.02, subdivision
2; 211A.05, subdivision 1; 211B.11, subdivision 1; 410.12, subdivision 1;
447.32, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 204B; repealing Minnesota Statutes 2006, sections 200.04; 201.061,
subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.13, subdivision 3a.
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 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3493, A bill for an act relating to state government finance; disaster
relief appropriations; providing for reimbursement to the state under certain
conditions; amending Laws 2007, First Special Session chapter 2, article 1,
sections 2; 4, subdivision 4.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3566, A bill for an act relating to workers' compensation; adopting
recommendations of the Workers' Compensation Advisory Council; amending
Minnesota Statutes 2006, sections 176.011, subdivision 9; 176.041, subdivision
1; 176.101, subdivision 1; 176.102, subdivisions 2, 11; 176.135, by adding a
subdivision; 176.136, subdivisions 1a, 1b; 176.1812, subdivision 1; 176.183,
subdivision 1; 176.185, subdivision 8a; 176.231, subdivision 10; 176.245;
176.275, subdivision 1; 176.285; 176.83, subdivision 7; repealing Minnesota
Statutes 2006, sections 176.1041; 176.669.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 176.011,
subdivision 9, is amended to read:
Subd.
9. Employee. "Employee" means any person who
performs services for another for hire including the following:
(1) an
alien;
(2) a
minor;
(3) a
sheriff, deputy sheriff, police officer, firefighter, county highway engineer,
and peace officer while engaged in the enforcement of peace or in the pursuit
or capture of a person charged with or suspected of crime;
(4) a
person requested or commanded to aid an officer in arresting or retaking a
person who has escaped from lawful custody, or in executing legal process, in
which cases, for purposes of calculating compensation under this chapter, the
daily wage of the person shall be the prevailing wage for similar services
performed by paid employees;
(5) a
county assessor;
(6) an
elected or appointed official of the state, or of a county, city, town, school
district, or governmental subdivision in the state. An officer of a political subdivision elected or appointed for a
regular term of office, or to complete the unexpired portion of a regular term,
shall be included only after the governing body of the political subdivision
has adopted an ordinance or resolution to that effect;
(7) an
executive officer of a corporation, except those executive officers excluded by
section 176.041;
(8) a
voluntary uncompensated worker, other than an inmate, rendering services in
state institutions under the commissioners of human services and corrections
similar to those of officers and employees of the institutions, and whose services
have been accepted or contracted for by the commissioner of human services or
corrections as authorized by law. In
the event of injury or death of the worker, the daily wage of the worker, for
the purpose of calculating compensation under this chapter, shall be the usual
wage paid at the time of the injury or death for similar services in
institutions where the services are performed by paid employees;
(9) a
voluntary uncompensated worker engaged in emergency management as defined in
section 12.03, subdivision 4, who is:
(i)
registered with the state or any political subdivision of it, according to the
procedures set forth in the state or political subdivision emergency operations
plan; and
(ii)
acting under the direction and control of, and within the scope of duties
approved by, the state or political subdivision.
The daily wage of the
worker, for the purpose of calculating compensation under this chapter, shall
be the usual wage paid at the time of the injury or death for similar services
performed by paid employees;
(10) a
voluntary uncompensated worker participating in a program established by a
local social services agency. For
purposes of this clause, "local social services agency" means any
agency established under section 393.01.
In the event of injury or death of the worker, the wage of the worker,
for the purpose of calculating compensation under this chapter, shall be the
usual wage paid in the county at the time of the injury or death for similar
services performed by paid employees working a normal day and week;
(11) a
voluntary uncompensated worker accepted by the commissioner of natural
resources who is rendering services as a volunteer pursuant to section
84.089. The daily wage of the worker
for the purpose of calculating compensation under this chapter, shall be the
usual wage paid at the time of injury or death for similar services performed
by paid employees;
(12) a
voluntary uncompensated worker in the building and construction industry who
renders services for joint labor-management nonprofit community service
projects. The daily wage of the worker
for the purpose of calculating compensation under this chapter shall be the
usual wage paid at the time of injury or death for similar services performed
by paid employees;
(13) a
member of the military forces, as defined in section 190.05, while in state
active service, as defined in section 190.05, subdivision 5a. The daily wage of the member for the purpose
of calculating compensation under this chapter shall be based on the member's
usual earnings in civil life. If there
is no evidence of previous occupation or earning, the trier of fact shall
consider the member's earnings as a member of the military forces;
(14) a
voluntary uncompensated worker, accepted by the director of the Minnesota
Historical Society, rendering services as a volunteer, pursuant to chapter
138. The daily wage of the worker, for
the purposes of calculating compensation under this chapter, shall be the usual
wage paid at the time of injury or death for similar services performed by paid
employees;
(15) a
voluntary uncompensated worker, other than a student, who renders services at
the Minnesota State Academy for the Deaf or the Minnesota State Academy for the
Blind, and whose services have been accepted or contracted for by the
commissioner of education, as authorized by law. In the event of injury or death of the worker, the daily wage of
the worker, for the purpose of calculating compensation under this chapter,
shall be the usual wage paid at the time of the injury or death for similar
services performed in institutions by paid employees;
(16) a
voluntary uncompensated worker, other than a resident of the veterans home, who
renders services at a Minnesota veterans home, and whose services have been accepted
or contracted for by the commissioner of veterans affairs, as authorized by
law. In the event of injury or death of
the worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
(17) a
worker who renders in-home attendant care services to a physically disabled
person, and who is paid directly by the commissioner of human services for
these services, shall be an employee of the state within the meaning of this
subdivision, but for no other purpose; performing services under section
256B.0655 for a recipient in the home of the recipient or in the community
under section 256B.0625, subdivision 19a, who is paid from government funds
through a fiscal intermediary under section 256B.0655, subdivision 7. For purposes of maintaining workers'
compensation insurance, the employer of the worker is as designated in law by
the commissioner of the Department of Human Services, notwithstanding any other
law to the contrary.
(18)
students enrolled in and regularly attending the Medical School of the
University of Minnesota in the graduate school program or the postgraduate
program. The students shall not be
considered employees for any other purpose.
In the event of the student's injury or death, the weekly wage of the
student for the purpose of calculating compensation under this chapter, shall
be the annualized educational stipend awarded to the student, divided by 52
weeks. The institution in which the
student is enrolled shall be considered the "employer" for the
limited purpose of determining responsibility for paying benefits under this chapter;
(19) a
faculty member of the University of Minnesota employed for an academic year is
also an employee for the period between that academic year and the succeeding
academic year if:
(a)
the member has a contract or reasonable assurance of a contract from the
University of Minnesota for the succeeding academic year; and
(b)
the personal injury for which compensation is sought arises out of and in the
course of activities related to the faculty member's employment by the
University of Minnesota;
(20) a
worker who performs volunteer ambulance driver or attendant services is an
employee of the political subdivision, nonprofit hospital, nonprofit
corporation, or other entity for which the worker performs the services. The daily wage of the worker for the purpose
of calculating compensation under this chapter shall be the usual wage paid at
the time of injury or death for similar services performed by paid employees;
(21) a
voluntary uncompensated worker, accepted by the commissioner of administration,
rendering services as a volunteer at the Department of Administration. In the event of injury or death of the
worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
(22) a
voluntary uncompensated worker rendering service directly to the Pollution
Control Agency. The daily wage of the
worker for the purpose of calculating compensation payable under this chapter
is the usual going wage paid at the time of injury or death for similar
services if the services are performed by paid employees;
(23) a
voluntary uncompensated worker while volunteering services as a first responder
or as a member of a law enforcement assistance organization while acting under
the supervision and authority of a political subdivision. The daily wage of the worker for the purpose
of calculating compensation payable under this chapter is the usual going wage
paid at the time of injury or death for similar services if the services are
performed by paid employees; and
(24) a
voluntary uncompensated member of the civil air patrol rendering service on the
request and under the authority of the state or any of its political
subdivisions. The daily wage of the member
for the purposes of calculating compensation payable under this chapter is the
usual going wage paid at the time of injury or death for similar services if
the services are performed by paid employees.; and
(25)
a Minnesota Responds Medical Reserve Corps volunteer, as provided in sections
145A.04 and 145A.06, responding at the request of or engaged in training
conducted by the commissioner of health.
The daily wage of the volunteer for the purposes of calculating
compensation payable under this chapter is established in section 145A.06. A person who qualifies under this clause and
who may also qualify under another clause of this subdivision shall receive
benefits in accordance with this clause.
If it
is difficult to determine the daily wage as provided in this subdivision, the
trier of fact may determine the wage upon which the compensation is payable.
EFFECTIVE DATE. Clause (25) is effective the day that amendments to Minnesota
Statutes, sections 145A.04 to 145A.06, related to Medical Reserve Corps
volunteers, are effective. The other
amendments to this section are effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
176.041, subdivision 1, is amended to read:
Subdivision
1. Employments
excluded. This chapter does not
apply to any of the following:
(a) a
person employed by a common carrier by railroad engaged in interstate or
foreign commerce and who is covered by the Federal Employers' Liability Act,
United States Code, title 45, sections 51 to 60, or other comparable federal
law;
(b) a
person employed by a family farm as defined by section 176.011, subdivision
11a;
(c)
the spouse, parent, and child, regardless of age, of a farmer-employer working
for the farmer-employer;
(d) a
sole proprietor, or the spouse, parent, and child, regardless of age, of a sole
proprietor;
(e) a
partner engaged in a farm operation or a partner engaged in a business and the
spouse, parent, and child, regardless of age, of a partner in the farm
operation or business;
(f) an
executive officer of a family farm corporation;
(g) an
executive officer of a closely held corporation having less than 22,880 hours
of payroll in the preceding calendar year, if that executive officer owns at
least 25 percent of the stock of the corporation;
(h) a
spouse, parent, or child, regardless of age, of an executive officer of a
family farm corporation as defined in section 500.24, subdivision 2, and
employed by that family farm corporation;
(i) a
spouse, parent, or child, regardless of age, of an executive officer of a
closely held corporation who is referred to in paragraph (g);
(j)
another farmer or a member of the other farmer's family exchanging work with
the farmer-employer or family farm corporation operator in the same community;
(k) a
person whose employment at the time of the injury is casual and not in the
usual course of the trade, business, profession, or occupation of the employer;
(l)
persons who are independent contractors as defined by section 181.723 and
any rules adopted by the commissioner pursuant to section 176.83 except
that this exclusion does these exclusions do not apply to an
employee of an independent contractor;
(m) an
officer or a member of a veterans' organization whose employment relationship
arises solely by virtue of attending meetings or conventions of the veterans'
organization, unless the veterans' organization elects by resolution to provide
coverage under this chapter for the officer or member;
(n) a
person employed as a household worker in, for, or about a private home or
household who earns less than $1,000 in cash in a three-month period from a
single private home or household provided that a household worker who has
earned $1,000 or more from the household worker's present employer in a
three-month period within the previous year is covered by this chapter
regardless of whether or not the household worker has earned $1,000 in the
present quarter;
(o)
persons employed by a closely held corporation who are related by blood or
marriage, within the third degree of kindred according to the rules of civil
law, to an officer of the corporation, who is referred to in paragraph (g), if
the corporation files a written election with the commissioner to exclude such
individuals. A written election is not
required for a person who is otherwise excluded from this chapter by this
section;
(p) a
nonprofit association which does not pay more than $1,000 in salary or wages in
a year;
(q)
persons covered under the Domestic Volunteer Service Act of 1973, as amended,
United States Code, title 42, sections 5011, et seq.;
(r) a
manager of a limited liability company having ten or fewer members and having
less than 22,880 hours of payroll in the preceding calendar year, if that
manager owns at least a 25 percent membership interest in the limited liability
company;
(s) a
spouse, parent, or child, regardless of age, of a manager of a limited
liability company described in paragraph (r);
(t)
persons employed by a limited liability company having ten or fewer members and
having less than 22,880 hours of payroll in the preceding calendar year who are
related by blood or marriage, within the third degree of kindred according to
the rules of civil law, to a manager of a limited liability company described
in paragraph (r), if the company files a written election with the commissioner
to exclude these persons. A written
election is not required for a person who is otherwise excluded from this
chapter by this section; or
(u)
members of limited liability companies who satisfy the requirements of
paragraph (l).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
176.101, subdivision 1, is amended to read:
Subdivision
1. Temporary
total disability. (a) For injury
producing temporary total disability, the compensation is 66-2/3 percent of the
weekly wage at the time of injury.
(b)(1)
Commencing on October 1, 2000 2008, the maximum weekly
compensation payable is $750 $850 per week.
(2)
The Workers' Compensation Advisory Council may consider adjustment increases
and make recommendations to the legislature.
(c)
The minimum weekly compensation payable is $130 per week or the injured
employee's actual weekly wage, whichever is less.
(d)
Temporary total compensation shall be paid during the period of disability
subject to the cessation and recommencement conditions in paragraphs (e) to
(l).
(e)
Temporary total disability compensation shall cease when the employee returns
to work. Except as otherwise provided
in section 176.102, subdivision 11, temporary total disability compensation may
only be recommenced following cessation under this paragraph, paragraph (h), or
paragraph (j) prior to payment of 104 130 weeks of temporary
total disability compensation and only as follows:
(1) if
temporary total disability compensation ceased because the employee returned to
work, it may be recommenced if the employee is laid off or terminated for
reasons other than misconduct if the layoff or termination occurs prior to 90
days after the employee has reached maximum medical improvement. Recommenced temporary total disability
compensation under this clause ceases when any of the cessation events in
paragraphs (e) to (l) occurs; or
(2) if
temporary total disability compensation ceased because the employee returned to
work or ceased under paragraph (h) or (j), it may be recommenced if the
employee is medically unable to continue at a job due to the injury. Where the employee is medically unable to
continue working due to the injury, temporary total disability compensation may
continue until any of the cessation events in paragraphs (e) to (l) occurs
following recommencement. If an
employee who has not yet received temporary total disability compensation
becomes medically unable to continue working due to the injury after reaching
maximum medical improvement, temporary total disability compensation shall
commence and shall continue until any of the events in paragraphs (e) to (l)
occurs following commencement. For
purposes of commencement or recommencement under this clause only, a new period
of maximum medical improvement under paragraph (j) begins when the employee
becomes medically unable to continue working due to the injury. Temporary total disability compensation may
not be recommenced under this clause and a new period of maximum medical
improvement does not begin if the employee is not actively employed when the
employee becomes medically unable to work.
All periods of initial and recommenced temporary total disability
compensation are included in the 104-week 130-week limitation
specified in paragraph (k).
(f)
Temporary total disability compensation shall cease if the employee withdraws
from the labor market. Temporary total
disability compensation may be recommenced following cessation under this
paragraph only if the employee reenters the labor market prior to 90 days after
the employee reached maximum medical improvement and prior to payment of 104
130 weeks of temporary total disability compensation. Once recommenced, temporary total disability
ceases when any of the cessation events in paragraphs (e) to (l) occurs.
(g)
Temporary total disability compensation shall cease if the total disability
ends and the employee fails to diligently search for appropriate work within
the employee's physical restrictions.
Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee begins diligently searching
for appropriate work within the employee's physical restrictions prior to 90
days after maximum medical improvement and prior to payment of 104 130
weeks of temporary total disability compensation. Once recommenced, temporary total disability compensation ceases
when any of the cessation events in paragraphs (e) to (l) occurs.
(h)
Temporary total disability compensation shall cease if the employee has been
released to work without any physical restrictions caused by the work injury.
(i)
Temporary total disability compensation shall cease if the employee refuses an
offer of work that is consistent with a plan of rehabilitation filed with the
commissioner which meets the requirements of section 176.102, subdivision 4,
or, if no plan has been filed, the employee refuses an offer of gainful
employment that the employee can do in the employee's physical condition. Once temporary total disability compensation
has ceased under this paragraph, it may not be recommenced.
(j)
Temporary total disability compensation shall cease 90 days after the employee
has reached maximum medical improvement, except as provided in section 176.102,
subdivision 11, paragraph (b). For
purposes of this subdivision, the 90-day period after maximum medical
improvement commences on the earlier of:
(1) the date that the employee receives a written medical report
indicating that the employee has reached maximum medical improvement; or (2)
the date that the employer or insurer serves the report on the employee and the
employee's attorney, if any. Once
temporary total disability compensation has ceased under this paragraph, it may
not be recommenced except if the employee returns to work and is subsequently
medically unable to continue working as provided in paragraph (e), clause (2).
(k)
Temporary total disability compensation shall cease entirely when 104 130
weeks of temporary total disability compensation have been paid, except as
provided in section 176.102, subdivision 11, paragraph (b). Notwithstanding anything in this section to
the contrary, initial and recommenced temporary total disability compensation
combined shall not be paid for more than 104 130 weeks,
regardless of the number of weeks that have elapsed since the injury, except
that if the employee is in a retraining plan approved under section 176.102,
subdivision 11, the 104 week 130-week limitation shall not apply
during the retraining, but is subject to the limitation before the plan begins
and after the plan ends.
(l)
Paragraphs (e) to (k) do not limit other grounds under law to suspend or
discontinue temporary total disability compensation provided under this
chapter.
(m)
Once an employee has been paid 52 weeks of temporary total compensation, the
employer or insurer must notify the employee in writing of the 104-week 130-week
limitation on payment of temporary total compensation. A copy of this notice must also be filed
with the department.
EFFECTIVE DATE. This section is effective for injuries occurring on or after
October 1, 2008.
Sec.
4. Minnesota Statutes 2006, section
176.102, subdivision 2, is amended to read:
Subd.
2. Administrators. (a) The commissioner shall hire a
director of rehabilitation services in the classified service. The commissioner shall monitor and supervise
rehabilitation services, including, but not limited to, making determinations
regarding the selection and delivery of rehabilitation services and the
criteria used to approve qualified rehabilitation consultants and
rehabilitation vendors. The
commissioner may also make determinations regarding fees for rehabilitation
services and shall by rule establish a fee schedule or otherwise limit fees
charged by qualified rehabilitation consultants and vendors. The commissioner shall annually review the
fees and give notice of
any
adjustment in the State Register. By
March 1, 1993, the commissioner shall report to the legislature on the status
of the commission's monitoring of rehabilitation services. The commissioner may hire qualified
personnel to assist in the commissioner's duties under this section and may
delegate the duties and performance.
(b)
On October 1, 2008, the maximum hourly rate for rehabilitation services under
Minnesota Rules, part 5220.1900, subpart 1c, is increased to $91, and the
maximum hourly rate for rehabilitation services under Minnesota Rules, part
5220.1900, subpart 1d, is increased to $81.
These increases are in lieu of the October 1, 2008, annual increase
authorized by Minnesota Rules, part 5220.1900, subpart 1b. The maximum hourly rate and annual increase
under Minnesota Rules, part 5220.1900, subpart 1e, and the hourly rate reduction
under Minnesota Rules, part 5220.1900, subpart 1f, are unchanged by this
paragraph.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2006, section
176.102, subdivision 11, is amended to read:
Subd.
11. Retraining; compensation.
(a) Retraining is limited to 156 weeks.
An employee who has been approved for retraining may petition the
commissioner or compensation judge for additional compensation not to exceed 25
percent of the compensation otherwise payable.
If the commissioner or compensation judge determines that this
additional compensation is warranted due to unusual or unique circumstances of
the employee's retraining plan, the commissioner may award additional
compensation in an amount not to exceed the employee's request. This additional compensation shall cease at
any time the commissioner or compensation judge determines the special
circumstances are no longer present.
(b) If
the employee is not employed during a retraining plan that has been
specifically approved under this section, temporary total compensation is
payable for up to 90 days after the end of the retraining plan; except that,
payment during the 90-day period is subject to cessation in accordance with
section 176.101. If the employee is
employed during the retraining plan but earning less than at the time of
injury, temporary partial compensation is payable at the rate of 66-2/3 percent
of the difference between the employee's weekly wage at the time of injury and
the weekly wage the employee is able to earn in the employee's partially
disabled condition, subject to the maximum rate for temporary total
compensation. Temporary partial
compensation is not subject to the 225-week or 450-week limitations provided by
section 176.101, subdivision 2, during the retraining plan, but is subject to
those limitations before and after the plan.
(c)
Any request for retraining shall be filed with the commissioner before 156
208 weeks of any combination of temporary total or temporary partial
compensation have been paid. Retraining
shall not be available after 156 208 weeks of any combination of
temporary total or temporary partial compensation benefits have been paid
unless the request for the retraining has been filed with the commissioner
prior to the time the 156 208 weeks of compensation have been
paid.
(d)
The employer or insurer must notify the employee in writing of the 156-week
208-week limitation for filing a request for retraining with the
commissioner. This notice must be given
before 80 weeks of temporary total disability or temporary partial disability
compensation have been paid, regardless of the number of weeks that have
elapsed since the date of injury. If
the notice is not given before the 80 weeks, the period of time within which to
file a request for retraining is extended by the number of days the notice is
late, but in no event may a request be filed later than 225 weeks after any
combination of temporary total disability or temporary partial disability compensation
have been paid. The commissioner may
assess a penalty of $25 per day that the notice is late, up to a maximum
penalty of $2,000, against an employer or insurer for failure to provide the
notice. The penalty is payable to the
commissioner for deposit in the assigned risk safety account.
EFFECTIVE DATE. This section is effective for injuries occurring on or after
October 1, 2008.
Sec.
6. Minnesota Statutes 2006, section
176.135, is amended by adding a subdivision to read:
Subd.
1b. Complementary
and alternative health care providers.
Any service, article, or supply provided by an unlicensed
complementary and alternative health care practitioner as defined in section
146A.01, subdivision 6, is not compensable under this chapter.
EFFECTIVE DATE. This section is effective for treatment, services, articles,
and supplies provided on or after the day following final enactment for all
dates of injury.
Sec.
7. Minnesota Statutes 2006, section
176.136, subdivision 1a, is amended to read:
Subd.
1a. Relative value fee schedule.
(a) The liability of an employer for services included in the medical
fee schedule is limited to the maximum fee allowed by the schedule in effect on
the date of the medical service, or the provider's actual fee, whichever is lower. The medical fee schedule effective on
October 1, 1991, remains in effect until the commissioner adopts a new schedule
by permanent rule. The commissioner
shall adopt permanent rules regulating fees allowable for medical,
chiropractic, podiatric, surgical, and other health care provider treatment or
service, including those provided to hospital outpatients, by implementing a
relative value fee schedule to be effective on October 1, 1993. The commissioner may adopt by reference,
according to the procedures in paragraph (h), clause (2), the relative
value fee schedule tables adopted for the federal Medicare program or
a relative value fee schedule adopted by other federal or state agencies. The relative value fee schedule must contain
reasonable classifications including, but not limited to, classifications that
differentiate among health care provider disciplines. The conversion factors for the original relative value fee
schedule must reasonably reflect a 15 percent overall reduction from the
medical fee schedule most recently in effect.
The reduction need not be applied equally to all treatment or services,
but must represent a gross 15 percent reduction.
(b)
Effective October 1, 2005, the commissioner shall remove all scaling factors
from the relative value units and establish four separate conversion factors
according to paragraphs (c) and (d) for each of the following parts of
Minnesota Rules:
(1)
Medical/surgical services in Minnesota Rules, part 5221.4030, as defined in
part 5221.0700, subpart 3, item C, subitem (2);
(2)
Pathology and laboratory services in Minnesota Rules, part 5221.4040, as
defined in part 5221.0700, subpart 3, item C, subitem (3);
(3)
Physical medicine and rehabilitation services in Minnesota Rules, part
5221.4050, as defined in part 5221.0700, subpart 3, item C, subitem (4); and
(4)
Chiropractic services in Minnesota Rules, part 5221.4060, as defined in part
5221.0700, subpart 3, item C, subitem (5).
(c)
The four conversion factors established under paragraph (b) shall be calculated
so that there is no change in each maximum fee for each service under the
current fee schedule, except as provided in paragraphs (d) and (e).
(d) By
October 1, 2006, the conversion factor for chiropractic services described in
paragraph (b), clause (4), shall be increased to equal 72 percent of the
conversion factor for medical/surgical services described in paragraph (b),
clause (1). Beginning October 1, 2005,
the increase in chiropractic conversion factor shall be phased in over two
years by approximately equal percentage point increases.
(e)
When adjusting the conversion factors in accordance with paragraph (g) on
October 1, 2005, and October 1, 2006, the commissioner may adjust by no less
than zero, all of the conversion factors as necessary to offset any overall
increase in payments under the fee schedule resulting from the increase in the
chiropractic conversion factor.
(f)
The commissioner shall give notice of the relative value units and conversion
factors established under paragraphs (b), (c), and (d) according to the
procedures in section 14.386, paragraph (a).
The relative value units and conversion factors established under
paragraphs (b), (c), and (d) are not subject to expiration under section
14.386, paragraph (b).
(g) The
conversion factors shall be adjusted as follows:
(1)
After
permanent rules have been adopted to implement this section, the conversion
factors must be adjusted annually on October 1 by no more than the percentage
change computed under section 176.645, but without the annual cap provided by
that section.
(2)
Each time the workers' compensation relative value fee schedule tables are
updated under paragraph (h), the commissioner shall adjust the conversion
factors so that, for services in both fee schedules, there is no difference
between the overall payment in each category of service listed in paragraph (b)
under the new schedule and the overall payment for that category under the
workers' compensation fee schedule most recently in effect. This adjustment must be made before making
any additional adjustment under clause (1).
(h)
The commissioner shall give notice of the adjusted conversion factors and
updates to the relative value fee schedule as follows:
(1) The commissioner shall
annually give notice in the State Register of the adjusted conversion factors and
may also give annual notice of any additions, deletions, or changes to the
relative value units or service codes adopted by the federal Medicare
program. The relative value units may
be statistically adjusted in the same manner as for the original workers'
compensation relative value fee schedule and any amendments to rules to
implement Medicare relative value tables incorporated by reference under this
subdivision. The notices of the
adjusted conversion factors and additions, deletions, or changes to the
relative value units and service codes is in lieu of the requirements of
chapter 14. The commissioner shall
follow the amended rules to implement the relative value tables are
subject to the requirements of section 14.386, paragraph (a). The annual adjustments to the conversion
factors and the medical fee schedules adopted under this section, including all
previous fee schedules, are not subject to expiration under section 14.386,
paragraph (b).
(2)
The commissioner shall periodically, but at least once every three years,
update the workers' compensation relative value tables by incorporating by
reference the relative value tables in the national physician fee schedule
relative value file established by the Centers for Medicare and Medicaid
Services. The commissioner shall
publish the notices of the incorporation by reference in the State Register at
least 60 days before the tables are to become effective for purposes of payment
under this section. Each notice of
incorporation must state the date the incorporated tables will become effective
and must include information on how the Medicare relative value tables may be
obtained. The published notices of
incorporation by reference and the incorporated tables are not rules subject to
section 14.386 or other provisions of chapter 14, but have the force and effect
of law as of the date specified in the notices.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2006, section
176.136, subdivision 1b, is amended to read:
Subd.
1b. Limitation of liability.
(a) The liability of the employer for treatment, articles, and supplies
provided to an employee while an inpatient or outpatient at a small hospital
shall be the hospital's usual and customary charge, unless the charge is
determined by the commissioner or a compensation judge to be unreasonably
excessive. A "small
hospital," for purposes of this paragraph, is a hospital which has 100 or
fewer licensed beds.
(b)
The liability of the employer for the treatment, articles, and supplies that
are not limited by subdivision 1a or 1c or paragraph (a) shall be limited to 85
percent of the provider's usual and customary charge, or 85 percent of the
prevailing charges for similar treatment, articles, and supplies furnished to
an injured person when paid for by the injured person, whichever is lower. On this basis, the commissioner or
compensation judge may determine the reasonable value of all treatment, services,
and supplies, and the liability of the employer is limited to that amount. The commissioner may by rule establish the
reasonable value of a service, article, or supply in lieu of the 85 percent
limitation in this paragraph.
(c)
The limitation of liability for charges provided by paragraph (b) does not
apply to a nursing home that participates in the medical assistance program and
whose rates are established by the commissioner of human services.
(d)
An employer's liability for treatment, articles, and supplies provided under
this chapter by a health care provider located outside of Minnesota is limited
to the payment that the health care provider would receive if the treatment,
article, or supply were paid under the workers' compensation law of the jurisdiction
in which the treatment was provided.
EFFECTIVE DATE. This section is effective for treatment, services, articles,
and supplies provided on or after the day following final enactment for all
dates of injury.
Sec.
9. Minnesota Statutes 2006, section
176.1812, subdivision 1, is amended to read:
Subdivision
1. Requirements. Upon appropriate filing, the commissioner,
compensation judge, Workers' Compensation Court of Appeals, and courts shall
recognize as valid and binding a provision in a collective bargaining agreement
between a qualified employer or qualified groups of employers and the certified
and exclusive representative of its employees to establish certain obligations
and procedures relating to workers' compensation. For purposes of this section, "qualified employer"
means any self-insured employer that is self-insured for workers'
compensation in compliance with this chapter, any employer, through
itself or any affiliate as defined in section 60D.15, subdivision 2, who is
responsible for the first $100,000 or more of any claim, or a private
any employer developing or projecting an annual workers' compensation
premium, in Minnesota, of $250,000 or more that is insured for workers'
compensation in compliance with this chapter. For purposes of this section, a "qualified group of
employers" means a group of private employers engaged in
workers' compensation group self-insurance complying with chapter 79A, or a
group of private employers who purchase workers' compensation insurance as a
group, which develops or projects annual workers' compensation insurance
premiums of $2,000,000 or more., in which each employer is insured for
workers' compensation in compliance with this chapter or is self-insured for
workers' compensation in compliance with this chapter. This agreement must be limited to, but
need not include, all of the following:
(a) an
alternative dispute resolution system to supplement, modify, or replace the
procedural or dispute resolution provisions of this chapter. The system may include mediation,
arbitration, or other dispute resolution proceedings, the results of which may
be final and binding upon the parties.
A system of arbitration shall provide that the decision of the arbiter
is subject to review either by the Workers' Compensation Court of Appeals in
the same manner as an award or order of a compensation judge or, in lieu of
review by the Workers' Compensation Court of Appeals, by the Office of
Administrative Hearings, by the district court, by the Minnesota Court of Appeals,
or by the Supreme Court in the same manner as the Workers' Compensation Court
of Appeals and may provide that any arbiter's award disapproved by a court be
referred back to the arbiter for reconsideration and possible modification;
(b) an
agreed list of providers of medical treatment that may be the exclusive source
of all medical and related treatment provided under this chapter which need not
be certified under section 176.1351;
(c)
the use of a limited list of impartial physicians to conduct independent
medical examinations;
(d)
the creation of a light duty, modified job, or return to work program;
(e)
the use of a limited list of individuals and companies for the establishment of
vocational rehabilitation or retraining programs which list is not subject to
the requirements of section 176.102;
(f)
the establishment of safety committees and safety procedures; or
(g)
the adoption of a 24-hour health care coverage plan if a 24-hour plan pilot
project is authorized by law, according to the terms and conditions authorized
by that law.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2006, section
176.183, subdivision 1, is amended to read:
Subdivision
1. Uninsured
and self-insured employers; special compensation fund. When any employee sustains an injury arising
out of and in the course of employment while in the employ of an employer,
other than the state or its political subdivisions, not insured or self-insured
as provided for in this chapter, the employee or the employee's dependents
shall nevertheless receive benefits as provided for in this chapter from the
special compensation fund. The
commissioner is not required to comply with the procedures in chapter 16C
before purchasing, paying for, or reimbursing the employee for medical
treatment, equipment, or supplies that are compensable under this chapter. As used in subdivision 1 or 2,
"employer" includes any owners or officers of a corporation who
direct and control the activities of employees. In any petition for benefits under this chapter, the naming of an
employer corporation not insured or self-insured as provided for in this
chapter, as a defendant, shall constitute without more the naming of the owners
or officers as defendants, and service of notice of proceeding under this
chapter on the corporation shall constitute service upon the owners or
officers. An action to recover benefits
paid shall be instituted unless the commissioner determines that no recovery is
possible. There shall be no payment
from the special compensation fund if there is liability for the injury under
the provisions of section 176.215, by an insurer or self-insurer.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
11. Minnesota Statutes 2006, section
176.185, subdivision 8a, is amended to read:
Subd.
8a. Insolvent insurer. (a) If
an insurer is or becomes insolvent as defined in section 60C.03, subdivision 8,
the insured employer is liable, as of May 23, 2003, for payment of the
compensable workers' compensation claims that were covered under the employer's
policy with the insolvent insurer, to the extent that the Insurance Guaranty
Association has determined that the claims are not covered claims under chapter
60C. This paragraph does not in any way
limit the Insurance Guaranty Association's right of recovery from an employer
under section 60C.11, subdivision 7, for workers' compensation claims that are
covered claims under chapter 60C.
The
Insurance Guaranty Association shall notify the employer and the commissioners
of the Departments of Commerce and Labor and Industry of the association's
determination and of the employer's liability under this subdivision. The association's failure to notify the
employer or the commissioners shall not relieve the employer of its liability
and obligations under this subdivision.
(b) An
employer who is liable for payment of claims under paragraph (a) shall have all
of the rights, responsibilities, and obligations of a self-insured employer
under this chapter for those claims only, but without the need for an order
from the commissioner of commerce. The
employer shall not be self-insured for purposes of the workers' compensation
self-insurers' security fund under chapter 79A for those claims. The employer shall not be
required
to pay assessments to the workers' compensation self-insurers' security fund,
and the security fund shall not be liable for the claims under section
79A.10. Notwithstanding any contrary
provision of chapter 60C, the Insurance Guaranty Association shall pay the
claims as covered claims under chapter 60C if the employer fails to pay the
claims as required under this chapter and the commissioner of commerce determines
that:
(1) determines
that the employer is the subject of a voluntary or involuntary petition
under the United States Bankruptcy Code, title 11;
(2) determines
that a court of competent jurisdiction has declared the employer to be
bankrupt or insolvent; or
(3) determines
that the employer is insolvent.; or
(4)
issues a certificate of default against the employer for failure to pay
workers' compensation benefits as required under this chapter.
The
commissioner of labor and industry shall notify the commissioner of commerce
and the Insurance Guaranty Association if the commissioner of labor and
industry has knowledge that any employer has failed to pay, and will likely
continue to fail to pay, workers' compensation benefits as required by chapter
176. If clauses (1) to (3) do not
apply, but the employer refuses or fails to pay benefits required under this
chapter, or if there is a dispute about an employer's liability for the claims,
the commissioner of commerce shall issue a certificate of default.
The
commissioner of commerce shall immediately notify, by certified mail, the
Insurance Guaranty Association of the occurrence of any of the circumstances in
clauses (1) to (4), and shall order the association to assume the employer's
obligations under this chapter. The
association shall commence payment of these obligations as soon as possible
upon receipt of the employer's claim files.
Upon the assumption of obligations by the association pursuant to the
commissioner of commerce's notification and order, the association has the
right to immediate possession of all relevant workers' compensation claim files
and data of the employer or other possessor of the files and data. The possessor of the files and data must
provide the files and data, or complete copies of them, to the association
within five days of the notification provided under this subdivision.
If
the possessor of the files and data fails to timely provide the files and data
to the association, it is liable to the commissioner of commerce for a penalty
of $500 per day for each day after the five-day period has expired. The association is also entitled to recover
from the employer reasonable attorney fees and costs in administering and
paying benefits owed under this chapter.
If the association's payments are made pursuant to a certificate of
default as provided in clause (4), the employer is also liable for and shall
pay a penalty in the amount of 300 percent of all benefits the association pays
to or on behalf of the employee. The
commissioner of commerce shall assess the penalties under this paragraph.
An
appeal from the commissioner of commerce's order or penalties under this
paragraph may be instituted pursuant to the contested case procedures of
chapter 14. Payment of claims by the
association shall not be stayed pending the resolution of the disputes.
(c) If
the employer contracts with an entity or person to administer the claims under
paragraph (a), the entity or person must be a licensed workers' compensation
insurer or a licensed third-party administrator under section 60A.23, subdivision
8. The commissioner of commerce may
require the employer to contract with a licensed third-party administrator when
the commissioner determines it is necessary to ensure proper payment of
compensation under this chapter.
(d)
For all claims that an employer is liable for under paragraph (a) and pays on
or after May 26, 2005, and for all deductible amounts an employer pays on or
after May 26, 2005, under an employer's policy with an insurer that became
insolvent before May 23, 2003:
(1) the employer shall file reports and pay
assessments to the special compensation fund, according to the requirements of
section 176.129 that apply to self-insured employers, based on paid indemnity
losses for the claims and deductible amounts it paid; and
(2)
the employer may request supplementary benefit and second injury reimbursement
from the special compensation fund for the claims and deductible amounts it
paid, subject to section 176.129, subdivision 13. Reimbursement from the special compensation fund is limited to
claims that are eligible for supplementary benefit and second injury
reimbursement under Minnesota Statutes 1990, section 176.131, and Minnesota
Statutes 1994, section 176.132.
(e)
For all claims for which an employer is liable under paragraph (a) and paid
between the date of the insurer's insolvency and May 26, 2005, and for all
deductible amounts an employer paid between the date of the insurer's
insolvency and May 26, 2005, under an employer's policy with an insurer that
became insolvent before May 23, 2003, the employer may request supplementary
benefit and second injury reimbursement from the special compensation fund,
subject to section 176.129, subdivision 13, if:
(1)
the employer files reports and pays all past assessments based on paid indemnity
losses, for all claims and deductible amounts it paid from the date of the
insolvency of the insurer to May 26, 2005, at the rate that was in effect for
self-insured employers under section 176.129 during the applicable assessment
reporting period;
(2)
the employer has a pending request for reimbursement of the claims and
deductible amounts it paid from the special compensation fund as of May 26,
2005, or files a request for reimbursement within one year after May 26, 2005;
and
(3)
the claims are eligible for supplementary benefit and second injury
reimbursement under Minnesota Statutes 1990, section 176.131, and Minnesota
Statutes 1994, section 176.132.
(f) An
employer who is liable for claims under paragraph (a) shall be eligible for
reimbursement from the Workers' Compensation Reinsurance Association under
chapter 79 for those claims to the extent they exceed the applicable retention
limit selected by the insolvent insurer and if the employer has complied with
the requirements for reimbursement established by the Workers' Compensation
Reinsurance Association for its self-insured members. The employer is not responsible for payment of premiums to the
reinsurance association to the extent the premiums have been paid by the
insolvent insurer.
(g)
The expenses of the employer in handling the claims paid under paragraph (a)
are accorded the same priority as the liquidator's expenses. The employer must be recognized as a
claimant in the liquidation of an insolvent insurer for amounts paid by the
employer under this subdivision, and must receive dividends and other
distributions at the priority set forth in chapter 60B. The receiver, liquidator, or statutory
successor of an insolvent insurer is bound by settlements of claims made by the
employer under this subdivision. The
court having jurisdiction shall grant the claims priority equal to that which
the claimant would have been entitled against the assets of the insolvent
insurer in the absence of this subdivision.
(h)
The Workers' Compensation Reinsurance Association and the special compensation
fund, as a condition of directly reimbursing an employer eligible for
reimbursement, may require the employer to hold it harmless from any claims by
a liquidator, receiver, or statutory successor to the insolvent insurer that
the Workers' Compensation Reinsurance Association or special compensation fund
improperly indemnified or reimbursed the employer. In no event shall the Workers' Compensation Reinsurance
Association or the special compensation fund be required to reimburse any
amounts for any claim more than once.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section
176.231, subdivision 10, is amended to read:
Subd.
10. Failure to file required report, penalty. If an employer, qualified rehabilitation consultant or
rehabilitation vendor, insurer, physician, chiropractor, or other health
provider fails to file with the commissioner any report required by this section
chapter in the manner and within the time limitations prescribed, or
otherwise fails to provide a report required by this section chapter in
the manner provided by this section chapter, the commissioner may
impose a penalty of up to $500 for each failure.
The
imposition of a penalty may be appealed to a compensation judge within 30 days
of notice of the penalty.
Penalties
collected by the state under this subdivision shall be payable to the
commissioner for deposit into the assigned risk safety account.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2006, section
176.245, is amended to read:
176.245 RECEIPTS FOR PAYMENT OF COMPENSATION,
FILING.
An
employer shall promptly file with the division receipts for payment of
compensation as may be required by the rules of the division.
The
commissioner of the Department of Labor and Industry shall periodically check
its records in each case to determine whether these receipts have been
promptly filed, and if not, shall require the employer to do so. The commissioner may determine, using
statistical methodology similar to Six Sigma, the most efficient manner of
reviewing or auditing the records filed under this chapter, including using
sampling methodology, to determine compliance with this chapter.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
14. Minnesota Statutes 2006, section
176.275, subdivision 1, is amended to read:
Subdivision
1. Filing. If a document is required to be filed by
this chapter or any rules adopted pursuant to authority granted by this
chapter, the filing shall be completed by the receipt of the document at the
division, department, office, or the court of appeals. The division, department, office, and the
court of appeals shall accept any document which has been delivered to it for
legal filing immediately upon its receipt, but may refuse to accept any
form or document that lacks the name of the injured employee, employer, or
insurer, the date of injury, or the injured employee's Social Security
number. If a workers' compensation
identification number has been assigned by the department, it may be
substituted for the Social Security number on a form or document. If the injured employee has fewer than
three days of lost time from work, the party submitting the required document
must attach to it, at the time of filing, a copy of the first report of injury.
A
notice or other document required to be served or filed at either the
department, the office, or the court of appeals which is inadvertently served
or filed at the wrong one of these agencies shall be deemed to have been served
or filed with the proper agency. The
receiving agency shall note the date of receipt of a document and shall forward
the documents to the proper agency no later than two working days following
receipt.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
15. Minnesota Statutes 2006, section
176.285, is amended to read:
176.285 SERVICE OF PAPERS AND NOTICES;
ELECTRONIC FILING.
Service
of papers and notices shall be by mail or otherwise as the commissioner or the
chief administrative law judge may by rule direct. Where service is by mail, service is effected at the time mailed
if properly addressed and stamped. If
it is so mailed, it is presumed the paper or notice reached the party to be
served. However, a party may show by
competent evidence that that party did not receive it or that it had been
delayed in transit for an unusual or unreasonable period of time. In case of nonreceipt or delay, an allowance
shall be made for the party's failure to assert a right within the prescribed
time.
Where
service to the division, department, office, or court of appeals is by
electronic filing, digitized signatures may be used provided that the signature
has been certified by the department no later than five business days after
filing.
Where a statute or rule authorizes or requires a document to be filed with or
served on an agency, the document may be filed electronically if electronic
filing is authorized by the agency and if the document is transmitted in the
manner and in the format specified by the agency. Where a statute or rule authorizes or requires a person's signature
on a document to be filed with or served on an agency, the signature may be
transmitted electronically, if authorized by the agency and if the signature is
transmitted in the manner and format specified by the agency. The commissioner may require that a document
authorized or required to be filed with the commissioner, department, or
division be filed electronically in the manner and format specified by the
commissioner, except that an employee must not be required to file a document
electronically unless the document is filed by an attorney on behalf of an
employee. An agency may serve a
document electronically if the recipient agrees to receive it in an electronic
format. The department or court may
adopt rules for the certification of signatures.
When
the electronic filing of a legal document with the department marks the
beginning of a prescribed time for another party to assert a right, the
prescribed time for another party to assert a right shall be lengthened by two
calendar days when it can be shown that service to the other party was by mail.
The
commissioner and the chief administrative law judge shall ensure that proof of
service of all papers and notices served by their respective agencies is placed
in the official file of the case.
For
purposes of this section, "agency" means the workers' compensation
division, the Department of Labor and Industry, the commissioner of the
Department of Labor and Industry, the Office of Administrative Hearings, the
chief administrative law judge, or the workers' compensation court of appeals.
"Document" includes documents, reports, notices, orders, papers,
forms, information, and data elements that are authorized or required to be
filed with an agency or the commissioner or that are authorized or required to
be served on or by an agency or the commissioner.
Except
as otherwise modified by this section, the provisions of chapter 325L apply to
electronic signatures and the electronic transmission of documents under this
section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
16. Minnesota Statutes 2006, section
176.83, subdivision 7, is amended to read:
Subd.
7. Miscellaneous
rules. Rules necessary for
implementing and administering the provisions of Minnesota Statutes 1990,
section 176.131, Minnesota Statutes 1994, section 176.132, sections 176.238 and
176.239; sections 176.251, and 176.66 to 176.669, and
rules regarding proper allocation of compensation under section
176.111. Under the rules adopted under section
176.111 a party may petition for a hearing before a compensation judge to
determine the proper allocation. In
this case the compensation judge may order a different allocation than
prescribed by rule.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
17. REVISOR'S INSTRUCTION.
The
revisor of statutes shall recode Minnesota Statutes, section 176.181,
subdivision 2b, as Minnesota Statutes, section 79A.04, subdivision 3a.
Sec.
18. REPEALER.
Minnesota
Statutes 2006, sections 176.1041; and 176.669, are repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to workers' compensation; adopting recommendations of
the Workers' Compensation Advisory Council; amending Minnesota Statutes 2006,
sections 176.011, subdivision 9; 176.041, subdivision 1; 176.101, subdivision
1; 176.102, subdivisions 2, 11; 176.135, by adding a subdivision; 176.136,
subdivisions 1a, 1b; 176.1812, subdivision 1; 176.183, subdivision 1; 176.185,
subdivision 8a; 176.231, subdivision 10; 176.245; 176.275, subdivision 1;
176.285; 176.83, subdivision 7; repealing Minnesota Statutes 2006, sections
176.1041; 176.669."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3661, A bill for an act relating to energy; creating coordinated process
for reducing greenhouse gas emissions; proposing coding for new law in
Minnesota Statutes, chapter 216H.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
115.071, subdivision 1, is amended to read:
Subdivision
1. Remedies
available. The provisions of sections
103F.701 to 103F.761, this chapter and chapters 114C, 115A, and 116, and
sections 216H.10 to 216H.15, 325E.10 to 325E.1251, and 325E.32
and all rules, standards, orders, stipulation agreements, schedules of
compliance, and permits adopted or issued by the agency thereunder or under any
other law now in force or hereafter enacted for the prevention, control, or
abatement of pollution may be enforced by any one or any combination of the
following: criminal prosecution; action
to recover civil penalties; injunction; action to compel performance; or other
appropriate action, in accordance with the provisions of said chapters and this
section.
Sec. 2. [216H.07] GREENHOUSE GAS EMISSION
REDUCTION ATTAINMENT; POLICY DEVELOPMENT PROCESS.
Subdivision
1. Definition. For the purpose of this section,
"reductions" means the greenhouse gas emissions reductions goals
specified in section 216H.02, subdivision 1.
Subd.
2. Purpose. This section is intended to create a
nonexclusive, regular, mandated process for the state to develop policies to
attain the greenhouse gas reduction goals specified in section 216H.02.
Subd.
3. Biennial
reduction progress report. By
November 1 of each even-numbered year, the commissioners of commerce and the
Pollution Control Agency shall jointly report to the chairs and ranking
minority members of the legislative committees with primary policy jurisdiction
over energy and environmental issues the most recent and best available
evidence identifying the level of reductions already achieved and the level
necessary to achieve the reduction goals established in section 216H.02. The report must be written in easily
understood, nontechnical language.
Subd.
4. Annual
legislative proposal. The
commissioners of commerce and the Pollution Control Agency shall annually by
November 1 provide to the chairs and ranking minority members of the
legislative committees with primary policy jurisdiction over energy and
environmental issues proposed legislation the commissioners determine appropriate
to achieve the reductions. If the
commissioners determine no legislation is appropriate, they shall report that
determination to the chairs along with an explanation of the determination.
Sec.
3. [216H.10]
DEFINITIONS.
Subdivision
1. Applicability. For purposes of sections 216H.10 to
216H.15, the following terms have the meanings given.
Subd.
2. Agency. "Agency" means the Pollution
Control Agency.
Subd.
3. Carbon
dioxide equivalent. "Carbon
dioxide equivalent" means the quantity of carbon dioxide that has the same
global warming potential as a given amount of another greenhouse gas.
Subd.
4. Commissioner. "Commissioner" means the
commissioner of the Pollution Control Agency.
Subd.
5. Global
warming. "Global
warming" means the observed and predicted increase in the temperature of
the atmosphere near the earth's surface and the oceans.
Subd.
6. Global
warming potential or GWP. "Global
warming potential" or "GWP" means a quantitative measure of the
potential of an emission of a greenhouse gas to contribute to global warming
over a 100-year period expressed in terms of the equivalent emission of carbon
dioxide needed to produce the same 100-year warming effect, as reported in
Fourth Assessment Report: Climate
Change 2007, International Panel on Climate Change.
Subd. 7. High-GWP greenhouse
gas. "High-GWP
greenhouse gas" means hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
Subd.
8. Mobile
air conditioner. "Mobile
air conditioner" means mechanical vapor compression refrigeration
equipment used to cool the passenger compartment of a motor vehicle.
Subd.
9. Motor
vehicle. "Motor
vehicle" has the meaning given in section 168.011, subdivision 4.
Subd.
10. New
motor vehicle. "New
motor vehicle" has the meaning given in section 80E.03, subdivision 7.
Subd.
11. Refrigerant. "Refrigerant" means a substance
used, sold for use, or designed and intended for use in a mobile air
conditioner to transfer heat out of the space being cooled.
Sec.
4. [216H.11]
HIGH-GWP GREENHOUSE GAS REPORTING.
Subdivision
1. Gas
manufacturers. Beginning
October 1, 2008, and each year thereafter, a manufacturer of a high-GWP
greenhouse gas must report to the agency the total amount of each high-GWP
greenhouse gas sold to a purchaser in this state during the previous year.
Subd.
2. Purchases. Beginning October 1, 2008, and each year
thereafter, a person in this state who purchases 100 metric tons or more carbon
dioxide equivalent of a high-GWP greenhouse gas must report to the agency, on a
form prescribed by the commissioner, the total amount of each high-GWP
greenhouse gas purchased during the previous year and the purpose for which the
gas was used.
Subd.
3. Acceptance
of federal filing. With the
approval of the commissioner, this section may be satisfied by filing with the
commissioner a copy of a greenhouse gas emissions report filed with a federal
agency.
Sec.
5. [216H.12]
MOBILE AIR CONDITIONER LEAKAGE RATES; DISCLOSURE.
Subdivision
1. Leakage
disclosure. Beginning
January 1, 2009, a manufacturer selling or offering for sale a new motor
vehicle in this state containing a mobile air conditioner that uses the
high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) as a refrigerant
must, 90 days prior to the initial sale or offer for sale, report to the
commissioner the leakage rate, in grams of refrigerant per year, for the type
of mobile air conditioner contained in that make, model, and model year. The leakage rate must be calculated using
the information provided in the most recently published version of the Society
of Automotive Engineers International document J2727, "HFC-134a Mobile Air
Conditioning System Emission Chart." The method by which the leakage rate
is calculated, accounting for each component of the air conditioning unit, must
also be reported to the commissioner.
Subd.
2. Posting. Beginning January 1, 2009, the agency and
the Office of the Attorney General must post on their Web sites:
(1)
the leakage rate disclosed by a manufacturer under subdivision 1 for each model
and make of new motor vehicle sold or offered for sale in this state; and
(2)
the following statement: "Vehicle
air conditioning systems can leak refrigerants that contribute to global
warming. Some leak more than others. You can use the information provided in the
chart to compare information about the global warming effects of refrigerant
leakage from different makes and models when making a decision to purchase a
vehicle."
Sec.
6. [216H.14]
MOBILE AIR CONDITIONER REFRIGERANT; RESTRICTION.
After
July 1, 2008, no person may buy or sell a refrigerant designed to be used in a
mobile air conditioner in a container holding less than 15 pounds of
refrigerant.
Sec.
7. [216H.15]
ENFORCEMENT.
Sections
216H.10 to 216H.14 may be enforced under sections 115.071 and 116.072.
Sec.
8. REPORT.
By
February 1, 2009, the commissioner of the Pollution Control Agency shall submit
a report to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over environmental policy
that identifies the uses and emissions sources of hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride in this state and suggests options
for reducing or eliminating those uses and emissions and the costs of
implementing those options.
Sec.
9. EFFECTIVE
DATE.
Sections
1 to 8 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to environment; requiring reporting of emissions or
leakage of greenhouse gases with high global warming potential; prohibiting
sale of certain refrigerants; requiring reports on reducing greenhouse gas
emissions; amending Minnesota Statutes 2006, section 115.071, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 216H.
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3669, A bill for an act relating to energy; creating program for government
energy conservation investments; amending Minnesota Statutes 2006, section
216C.09; proposing coding for new law in Minnesota Statutes, chapter 216C;
repealing Laws 2007, chapter 57, article 2, section 30.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [16B.321]
DEFINITIONS.
Subdivision
1. Scope. For the purpose of this section and
section 16B.322, the terms defined in this section have the meanings given
them.
Subd.
2. Energy
improvement project. "Energy
improvement project" means:
(1)
a project to improve energy efficiency in a building or facility, including the
design, acquisition, installation, construction, and commissioning of equipment
or improvements to a building or facility owned or operated by a state agency,
and training of building or facility staff necessary to properly operate and
maintain the equipment or improvements; or
(2)
a project to design, acquire, install, construct, and commission equipment or
products to utilize solar, wind, geothermal, biomass, or other alternative
energy sources in heating, cooling, or providing electricity for a building or
facility owned or operated by a state agency and training of building or
facility staff necessary to properly operate and maintain the equipment or
improvements.
Subd.
3. Energy
project study. "Energy
project study" means a technical and financial study of one or more energy
improvement projects, including:
(1)
an analysis of historical energy consumption and cost data;
(2)
a description of existing equipment, structural elements, operating
characteristics, and other conditions affecting energy use;
(3)
a description of the proposed energy improvement projects;
(4)
a detailed budget for the proposed project; and
(5)
calculations sufficient to demonstrate the expected energy and operational cost
savings and reduction in fossil-fuel use.
Subd.
4. Financing
agreement. "Financing
agreement" means a tax-exempt lease-purchase agreement entered into by the
commissioner of administration and a financial institution under a standard
project financing agreement offered under section 16B.322, subdivision 4.
Subd.
5. State
agency. "State
agency" means any state officer, employee, board, commission, authority, department,
or other agency of the executive branch of state government.
Sec.
2. [16B.322]
ENERGY IMPROVEMENT FINANCING PROGRAM FOR STATE GOVERNMENT.
Subdivision
1. Commissioner's
authority and duties; state agency authority. The commissioner shall administer this section. A state agency may enter into contracts for
the purposes of this section with the commissioner and participating financial
institutions. All technical services
and construction contracts must be executed through the appropriate procurement
procedure in chapters 16B, 16C, and other applicable law.
Subd.
2. Program
eligibility; voluntary program participation; targeted technical services. A state agency may elect to participate
in the program. The commissioner may
prioritize and target technical services offered under subdivision 3 to state
agencies with state buildings or facilities that the commissioner determines
offer the greatest potential to improve energy efficiency or reduce use of
fossil-fuel energy.
Subd.
3. Target
technical services. The
commissioner may require full or partial reimbursement of costs for technical
services provided to a state agency, subject to terms and conditions specified
and agreed to by contract prior to the delivery of technical services. The commissioner of commerce may transfer up
to $1,000,000 of the appropriation in Laws 1988, chapter 686, article 1,
section 38, to the commissioner of administration for the purposes of this
section.
Subd.
4. Financing
agreement. The commissioner
shall solicit proposals from private financial institutions and may enter into
a financing agreement with one or more financial institutions. The term of the financing agreement must not
exceed 15 years from the date of final completion of the energy improvement project. The financing agreement is assignable to the
state agency operating or managing the state building or facility improved by
the energy improvement project. The
proceeds from the financing agreement are appropriated to the commissioner and
may be used for the purposes of this section and are available until spent.
Subd.
5. Qualifying
energy improvement projects. The
commissioner may approve an energy improvement project and enter into a
financing agreement if the commissioner determines that:
(1)
the project and financing agreement have been approved by the governing body or
head of the state agency that operates or manages the state building or
facility to be improved;
(2)
the project is technically and economically feasible;
(3)
the state agency that operates or manages the state building or facility has
made adequate provision for the operation and maintenance of the project;
(4)
if an energy efficiency improvement, the project has a substantial likelihood
to result in a positive cash flow in each year the financing agreement is in
effect; and
(5)
if a renewable energy improvement, the project has a substantial likelihood to
reduce use of fossil-fuel energy.
Subd.
6. Program
costs. Program costs
incurred by the commissioner or a state agency that are not reimbursed or paid
directly under a financing agreement may be paid with funds made available to
the commissioner under section 216C.43, subdivision 10.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 216B.241, is amended by adding a subdivision to read:
Subd.
9. Coordination
with utility conservation improvement programs. The contractor selected by the
commissioner in subdivision 2 shall ensure that the local government makes use
of all applicable conservation improvement programs provided by utilities
providing electric or natural gas service.
Consistent with direction from the commissioner, a utility may count the
savings resulting from its energy improvement projects under sections 16B.322
and 216C.43 towards the utility's energy-saving goal under section 216B.241,
subdivision 1c.
Sec.
4. Minnesota Statutes 2006, section
216C.09, is amended to read:
216C.09 COMMISSIONER DUTIES.
(a)
The commissioner shall:
(1)
manage the department as the central repository within the state government for
the collection of data on energy;
(2)
prepare and adopt an emergency allocation plan specifying actions to be taken
in the event of an impending serious shortage of energy, or a threat to public
health, safety, or welfare;
(3)
undertake a continuing assessment of trends in the consumption of all forms of
energy and analyze the social, economic, and environmental consequences of
these trends;
(4)
carry out energy conservation measures as specified by the legislature and
recommend to the governor and the legislature additional energy policies and
conservation measures as required to meet the objectives of sections 216C.05 to
216C.30;
(5)
collect and analyze data relating to present and future demands and resources
for all sources of energy;
(6)
evaluate policies governing the establishment of rates and prices for energy as
related to energy conservation, and other goals and policies of sections
216C.05 to 216C.30, and make recommendations for changes in energy pricing
policies and rate schedules;
(7)
study the impact and relationship of the state energy policies to
international, national, and regional energy policies;
(8)
design and implement a state program for the conservation of energy; this
program shall include but not be limited to, general commercial, industrial,
and residential, and transportation areas; such program shall also provide for
the evaluation of energy systems as they relate to lighting, heating,
refrigeration, air conditioning, building design and operation, and appliance
manufacturing and operation;
(9)
inform and educate the public about the sources and uses of energy and the ways
in which persons can conserve energy;
(10)
dispense funds made available for the purpose of research studies and projects
of professional and civic orientation, which are related to either energy
conservation, resource recovery, or the development of alternative energy
technologies which conserve nonrenewable energy resources while creating
minimum environmental impact;
(11)
charge other governmental departments and agencies involved in energy-related
activities with specific information gathering goals and require that those
goals be met;
(12)
design a comprehensive program for the development of indigenous energy
resources. The program shall include,
but not be limited to, providing technical, informational, educational, and
financial services and materials to persons, businesses, municipalities, and
organizations involved in the development of solar, wind, hydropower, peat,
fiber fuels, biomass, and other alternative energy resources. The program shall be evaluated by the
alternative energy technical activity; and
(13)
dispense loans, grants, or other financial aid from money received from
litigation or settlement of alleged violations of federal petroleum-pricing
regulations made available to the department for that purpose. The commissioner shall adopt rules under
chapter 14 for this purpose.
(b)
Further, the commissioner may participate fully in hearings before the Public
Utilities Commission on matters pertaining to rate design, cost allocation,
efficient resource utilization, utility conservation investments, small power
production, cogeneration, and other rate issues. The commissioner shall support the policies stated in section 216C.05
and shall prepare and defend testimony proposed to encourage energy
conservation improvements as defined in section 216B.241.
Sec.
5. [216C.42]
DEFINITIONS.
Subdivision
1. Scope. For the purpose of this section and
section 216C.43, the terms defined in this section have the meanings given
them.
Subd.
2. Energy
improvement project. "Energy
improvement project" means a project to improve energy efficiency in a
building or facility, including the design, acquisition, installation, and
commissioning of equipment or improvements to a building or facility, and
training of building or facility staff necessary to properly operate and
maintain the equipment or improvements.
Subd.
3. Energy
project study. "Energy
project study" means a technical and financial study of one or more energy
improvement projects, including:
(1)
an analysis of historical energy consumption and cost data;
(2)
a description of existing equipment, structural elements, operating
characteristics, and other conditions affecting energy use;
(3)
a description of the proposed energy improvement projects;
(4)
a detailed budget for the proposed project; and
(5)
calculations sufficient to demonstrate the expected energy savings.
Subd.
4. Financing
agreement. "Financing
agreement" means a tax-exempt lease-purchase agreement entered into by a
local government and a financial institution under a standard project financing
agreement offered under section 216C.43, subdivision 6.
Subd.
5. Local
government. "Local
government" means a Minnesota county, statutory or home rule charter city,
town, school district, or any combination of those units operating under an
agreement to exercise powers jointly.
Subd.
6. Program. "Program" means the energy
improvement financing program for local governments authorized by section
216C.43.
Subd.
7. Supplemental
cash flow agreement. "Supplemental
cash flow agreement" means an agreement by the commissioner to lend funds
to a local government up to an amount necessary to ensure that the cumulative
payments made by the local government under a financing agreement minus the
amount loaned by the commissioner do not exceed the actual energy and operating
cost savings attributable to the energy improvement project for the term of the
supplemental cash flow agreement.
Sec. 6. [216C.43] ENERGY IMPROVEMENT FINANCING
PROGRAM FOR LOCAL GOVERNMENT.
Subdivision
1. Commissioner's
authority and duties; local government authority. The commissioner shall administer this
section. A local government may enter
into contracts for the purposes of this section with the commissioner, the
primary contractor, other contracted technical service providers, and
participating financial institutions.
Subd.
2. Program
eligibility; voluntary program participation; targeted technical services. A local government may elect to
participate in the program. The
commissioner may prioritize and target technical services offered under
subdivision 5 to public entities that the commissioner determines offer the greatest
potential for cost-effective energy improvement projects.
Subd.
3. Primary
contractor for technical, financial, and program management services. The commissioner may enter into a
contract for the delivery of technical services, financial management,
marketing, and administrative services necessary for implementation of the
program.
Subd.
4. Targeted
technical services. The
commissioner shall offer technical services to targeted public entities to
conduct energy project studies. The
commissioner may contract with one or more qualified technical service
providers to conduct energy project studies for targeted public entities. The commissioner may require full or partial
reimbursement of costs for technical services provided to a local government,
subject to terms and conditions specified and agreed to by contract prior to
the delivery of technical services. A
local government may independently procure technical services to conduct an
energy project study, but the energy project study must be reviewed and approved
by the commissioner to qualify an energy improvement project for a financing
agreement under subdivision 6 or a supplemental cash flow agreement under
subdivision 7.
Subd.
5. Participation
of technical service providers statewide. Program activities must be implemented to encourage statewide
participation of engineers, architects, energy auditors, contractors, and other
technical service providers. The
commissioner may provide training on energy project study requirements and
procedures to technical service providers.
Subd.
6. Standard
project financing agreement. The
commissioner shall solicit proposals from private financial institutions and
may enter into a standard project financing agreement with one or more
financial institutions. A standard project
financing agreement must specify terms and conditions uniformly available to
all participating public entities for financing to implement energy improvement
projects under this section. A local
government may choose to finance an energy improvement project by means other
than a standard project financing agreement, but a supplemental cash flow
agreement under subdivision 7 must not be offered unless the commissioner
determines that the other financing means creates no greater potential
obligation under a supplemental cash flow agreement than would be created
through a standard project financing agreement.
Subd.
7. Supplemental
cash flow agreement. (a) The
commissioner shall offer a supplemental cash flow agreement to a participating
local government for qualifying energy improvement projects. The term of a supplemental cash flow
agreement may not exceed 15 years.
Terms and conditions of a supplemental cash flow agreement must be
agreed to by contract prior to a local government entering into a financing
agreement.
(b)
A supplemental cash flow agreement contract must include, but is not limited
to:
(1)
specification of methods and procedures to measure and verify energy cost
savings;
(2)
obligations of the local government to operate and maintain the energy
improvements;
(3)
procedures to modify the supplemental cash flow agreement if the local
government modifies operating characteristics of its building or facility in a
manner that adversely affects energy cost savings;
(4)
interest charged on the loan, which may not exceed the interest on the related
financial agreement; and
(5)
procedures for resolution of disputes.
Subd.
8. Qualifying
energy improvement projects. A
local government may submit to the commissioner, on a form prescribed by the
commissioner, an application for a financing agreement authorization and
supplemental cash flow agreement for energy improvement projects. The commissioner shall approve an energy
improvement project for a supplemental cash flow agreement and authorize
eligibility for a financing agreement if the commissioner determines that:
(1)
the application has been approved by the governing body or agency head of the
local government;
(2)
the project is technically and economically feasible;
(3)
the local government has made adequate provision for the operation and
maintenance of the project;
(4)
the project has a substantial likelihood to result in a positive cash flow in
each year the financing agreement is in effect; and
(5)
adequate funds will be available to the commissioner to fulfill the
supplemental cash flow agreement.
Subd.
9. Program
costs. Program costs
incurred by the commissioner or a public entity that are not direct costs to
implement energy improvement projects may be paid with program funds
appropriated under subdivision 10.
Subd.
10. Funding;
appropriation; receipts. Petroleum
violation escrow funds appropriated to the commissioner by Laws 1988, chapter
686, article 1, section 38, for state energy loan programs for schools,
hospitals, and public buildings, and reappropriated by Laws 2007, chapter 57,
article 2, section 30, are appropriated to the commissioner for the purposes of
this section and are available until spent.
The commissioner may transfer up to $1,000,000 of this appropriation to
the commissioner of administration for the purposes of section 16B.322.
Sec.
7. REPORT;
GREEN STAR AWARD EXPANSION.
The
Pollution Control Agency and the Office of Energy Security in the Department of
Commerce shall, in collaboration with the clean energy resource teams (CERT's),
submit a report by February 2, 2009, to the chairs and ranking minority members
of the senate and house of representatives committees with primary jurisdiction
over energy policy that makes recommendations regarding how to expand
eligibility to receive the Green Star award, described in Minnesota Statutes,
section 114C.25, to include cities and communities that take action to help
meet the state's greenhouse gas emissions reduction goals established in
Minnesota Statutes, section 216H.02, subdivision 1. The report must address, at a minimum, the following issues:
(1)
the criteria for actions cities and communities must take in order to receive a
Green Star award;
(2)
what entity or entities would issue the award;
(3)
the length of time during which the award may be displayed;
(4)
existing state financial and technical assistance available to communities and
cities to assist them to reduce greenhouse gas emissions;
(5)
sources of additional funding needed to implement the program; and
(6)
any other issues that need to be resolved in order to implement the program.
Sec.
8. REPEALER.
Laws
2007, chapter 57, article 2, section 30, is repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to energy; creating program for government energy
improvement investments; requiring a report; appropriating money; amending
Minnesota Statutes 2006, section 216C.09; Minnesota Statutes 2007 Supplement,
section 216B.241, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 16B; 216C; repealing Laws 2007, chapter 57,
article 2, section 30."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
S. F.
No. 2402, A bill for an act relating to occupations and professions; modifying
provisions governing the Board of Accountancy; amending Minnesota Statutes
2006, sections 13.411, by adding a subdivision; 326A.01, subdivisions 2, 12,
17, by adding a subdivision; 326A.02, subdivisions 1, 3, 4, 5, 6, by adding a
subdivision; 326A.03; 326A.04; 326A.05, subdivisions 1, 2, 3, 4; 326A.06;
326A.07; 326A.08, subdivisions 2, 4, 5, 6, 7, 8, 9; 326A.10; 326A.12; 326A.13;
326A.14; repealing Minnesota Statutes 2006, section 326A.05, subdivision 9.
Reported
the same back with the recommendation that the first unofficial engrossment
pass and be placed on the Consent Calendar.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 3493, 3566, 3661 and 3669 were read for the second
time.
SECOND READING OF SENATE BILLS
S. F. No. 2402 was read for the second time.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 1499, A bill for an act relating to commerce;
enacting the Uniform Prudent Management of Institutional Funds Act approved and
recommended by the National Conference of Commissioners on Uniform State Laws;
proposing coding for new law in Minnesota Statutes, chapter 309; repealing
Minnesota Statutes 2006, sections 309.62; 309.63; 309.64; 309.65; 309.66;
309.67; 309.68; 309.69; 309.70; 309.71.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam 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. 1812, A bill for an act relating to the financing,
organization, and operation of state government; providing for programs in
education, early childhood education, higher education, environment and natural
resources, energy, agriculture, veterans affairs, military affairs, jobs and
economic development activities or programs, transportation, public safety,
courts, human rights, judiciary, housing, public health, health department,
and
human services; modifying certain statutory provisions and laws; providing for
certain programs for economic and state affairs; regulating certain activities
and practices; regulating abortion funding; fixing and limiting fees; providing
for the taxation of certain corporations; authorizing rulemaking, requiring
studies and reports; providing civil penalties; making technical corrections;
providing for fund transfers; appropriating money or reducing appropriations;
amending Minnesota Statutes 2006, sections 3.30, subdivision 1; 3.855,
subdivision 3; 3.971, subdivision 2; 10A.071, subdivision 3; 13.32, subdivision
3, by adding a subdivision; 13.461, by adding a subdivision; 13.465,
subdivision 8; 13.851, by adding a subdivision; 15A.081, subdivision 8;
15A.0815; 16A.133, subdivision 1; 16B.281, subdivision 3; 16B.282; 16B.283;
16B.284; 16B.287, subdivision 2; 16C.16, subdivision 5; 16E.01, subdivision 3;
16E.03, subdivision 1; 16E.04, subdivision 2; 17.4988, subdivisions 2, 3;
43A.01, subdivision 3; 43A.17, subdivision 9; 84.788, subdivision 3; 84.82,
subdivision 2, by adding a subdivision; 84.922, subdivision 2; 84.9256,
subdivision 1; 85.011; 85.012, subdivisions 28, 49a; 85.013, subdivision 1;
85.054, subdivision 3, by adding a subdivision; 86B.401, subdivision 2; 88.15, subdivision
2; 89.715; 93.481, by adding a subdivision; 97A.055, subdivision 4b; 97A.141,
subdivision 1; 103A.204; 103A.43; 103B.151, subdivision 1; 103G.291, by adding
a subdivision; 103G.615, subdivision 2; 116J.423, by adding a subdivision;
116J.8731, subdivision 4; 116L.17, by adding a subdivision; 116U.26; 119A.03,
subdivision 1; 120B.131, subdivision 2; 120B.31, as amended; 120B.35, as
amended; 120B.36, as amended; 120B.362; 122A.21; 123B.02, subdivision 21;
123B.59, subdivision 1; 123B.62; 124D.04, subdivisions 3, 6, 8, 9; 124D.05, by
adding a subdivision; 124D.10, subdivision 20; 124D.385, subdivision 4;
124D.55; 125A.65, by adding a subdivision; 125A.76, by adding a subdivision;
126C.10, subdivision 31, by adding a subdivision; 126C.17, subdivision 9;
126C.21, subdivision 1; 126C.51; 126C.52, subdivision 2, by adding a
subdivision; 126C.53; 126C.55; 127A.45, subdivision 16; 136A.101, subdivision
8; 136A.121, subdivision 5; 136F.90, subdivision 1; 141.25, by adding a
subdivision; 144.1222, subdivision 1a, by adding subdivisions; 144.1501,
subdivision 2; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252;
144.226, subdivision 1; 157.16, as amended; 168.1255, by adding a subdivision;
171.29, subdivision 1; 190.19, subdivision 1, by adding a subdivision; 192.501,
by adding subdivisions; 197.585, subdivision 5; 216C.41, subdivision 4;
253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185, subdivision
5; 256.01, by adding a subdivision; 256.741, subdivisions 2, 2a, 3; 256.969,
subdivisions 2b, 20; 256B.0571, subdivisions 8, 9; 256B.0621, subdivisions 2,
6, 10; 256B.0917, subdivision 8; 256B.0924, subdivisions 4, 6; 256B.19,
subdivision 1d; 256B.431, subdivision 23; 256B.69, subdivisions 5a, 6, by
adding subdivisions; 256B.692, by adding a subdivision;
256D.44, subdivisions 2, 5; 256L.12, subdivision 9; 259.89, subdivision 1;
260C.317, subdivision 4; 268.125, subdivisions 1, 2, by adding a subdivision;
290.01, subdivisions 5, 19c, as amended, 19d, as amended, by adding a
subdivision; 290.17, subdivision 4; 298.2214, subdivisions 1, 2, as amended;
298.223, subdivision 2; 298.28, subdivisions 9b, 9d, as added; 298.292,
subdivision 2, as amended; 298.2961, subdivision 2; 341.21, as amended;
341.23; 341.26; 341.28, as amended; 341.29; 341.30; 341.32, as amended; 341.33;
341.34, subdivision 1; 341.35; 341.37; 349A.02, subdivision 1; 446A.12,
subdivision 1; 462A.22, subdivision 1; 473.1565, subdivision 3; 518A.50;
518A.53, subdivision 5; 609.531, subdivision 1; Minnesota Statutes 2007
Supplement, sections 3.922, by adding a subdivision; 10A.01, subdivision 35;
16B.328, by adding a subdivision; 80A.28, subdivision 1; 84.8205, subdivision
1; 103G.291, subdivision 3; 116J.575, subdivision 1a; 116L.17, subdivision 1;
120B.021, subdivision 1; 120B.024; 120B.30; 123B.143, subdivision 1; 124D.531,
subdivision 1; 126C.21, subdivision 3; 126C.44; 136A.121, subdivision 7a;
136A.126; 136A.127; 136A.128, by adding a subdivision; 136A.65, subdivisions 1,
3, 5, 6, 7; 136A.66; 136A.67; 136A.69; 136F.02, subdivision 1; 136F.03,
subdivision 4; 141.25, subdivision 5; 141.28, subdivision 1; 141.35; 144.4167,
by adding a subdivision; 190.19, subdivision 2; 214.04, subdivision 3;
216C.052, subdivision 2; 216C.41, subdivision 3; 253B.185, subdivision 1b;
256.741, subdivision 1; 256B.0625, subdivision 20; 256B.0631, subdivisions 1,
3; 256B.199; 256B.434, subdivision 19; 256B.441, subdivisions 1, 55, 56;
256J.621; 268.047, subdivisions 1, 2; 268.085, subdivisions 3, 9, 16; 268.125,
subdivision 3; 298.227; 341.22; 341.25; 341.27; 341.321; 446A.072, subdivisions
3, 5a; 446A.086; Laws 1999, chapter 223, article 2, section 72; Laws 2006,
chapter 282, article 2, section 27, subdivision 4; Laws 2007, chapter 45,
article 2, section 1; Laws 2007, chapter 54, article 1, section 11; Laws 2007,
chapter 57, article 1, section 4, subdivisions 3, 4, 6; Laws 2007, chapter 135,
article 1, section 3, subdivisions 2, 3; Laws 2007, chapter 144, article 1,
sections 3, subdivisions 2, 18; 5, subdivisions 2, 5; Laws 2007, chapter 146,
article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46,
subdivisions 2, 3, 4, 6, 9, 13; article 3, sections 23, subdivision 2; 24,
subdivisions 3, 4, 9; article 4, section 16, subdivisions 2, 3, 6, 8; article
5, section 13, subdivisions 2, 3, 4, 5; article 7, section 4; article 9,
section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article 2,
section 21; article 19, section 3, subdivisions 1, 4; Laws 2007, chapter 148,
article
1, sections 7; 12, subdivision 4; Laws 2007, First Special Session chapter 2,
article 1, section 11, subdivisions 1, 2, 6; Laws 2008, chapter 152, article 1, section
6, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
5; 13B; 16A; 43A; 115A; 116J; 120B; 121A; 124D; 127A; 136F; 144; 192; 256B;
268; 325F; 341; 446A; repealing Minnesota Statutes 2006, sections 16B.281,
subdivisions 2, 4, 5; 16B.285; 84.961, subdivision 4; 85.013, subdivision 21b;
97A.141, subdivision 2; 121A.67; 125A.16; 125A.19; 125A.20; 125A.57; 168.123,
subdivision 2a; 256.741, subdivision 15; 256J.24, subdivision 6; 259.83,
subdivision 3; 259.89, subdivisions 2, 3, 4, 5; 290.01, subdivision 6b; 298.28,
subdivision 9a; 341.31; 645.44, subdivision 19; Minnesota Statutes 2007
Supplement, section 256.969, subdivision 27; Laws 1989, chapter 335, article 1,
section 21, subdivision 8, as amended; Laws 2004, chapter 188, section 2; Laws
2006, chapter 263, article 3, section 16; Laws 2007, First Special Session
chapter 2, article 1, section 11, subdivisions 3, 4.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Carlson moved that the House refuse to concur in the Senate
amendments to H. F. No. 1812, that the Speaker appoint a
Conference Committee of 5 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.
A roll call was requested and properly seconded.
The question was taken on the Carlson motion and the roll was
called. There were 85 yeas and 45 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
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. 1812:
Carlson; Murphy, M.; Wagenius; Rukavina and Ozment.
CALENDAR FOR THE DAY
H. F. No. 3172 was reported to the House.
Buesgens moved to amend H.
F. No. 3172, the first engrossment, as follows:
Page 7, after line 6,
insert:
"Sec. 14. Minnesota Statutes 2006, section 410.10,
subdivision 4, is amended to read:
Subd. 4. Rejection;
later proposals. If any charter so
submitted be rejected the charter commission may must not propose
others from time to time until one is adopted another for at least
three years from the date of the election at which the proposed charter was
rejected."
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 Buesgens amendment and the roll
was called. There were 39 yeas and 91
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Magnus
Olson
Ozment
Paulsen
Peppin
Seifert
Severson
Shimanski
Simpson
Smith
Tschumper
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Gottwalt and Drazkowski offered an amendment to
H. F. No. 3172, the first engrossment.
POINT
OF ORDER
Pelowski raised a point of order pursuant to rule 3.21 that the
Gottwalt and Drazkowski amendment was not in order. The Speaker ruled the point
of order well taken and the Gottwalt and Drazkowski amendment out of order.
Urdahl offered an amendment to H. F. No. 3172,
the first engrossment.
POINT OF ORDER
Pelowski raised a point of order pursuant to rule 3.21 that the
Urdahl amendment was not in order. The Speaker ruled the point of order well
taken and the Urdahl amendment out of order.
H. F. No. 3172, A bill for an act relating to elections;
changing certain ballot delivery, election judge, mail election, special
election and special primary, school district election, and postelection review
procedures; authorizing continued use of certain applications; amending
Minnesota Statutes 2006, sections 203B.06, subdivision 3; 203B.11, subdivision
4; 204B.21; 204B.46; 204D.19, subdivision 2; 204D.23, subdivision 2; 204D.27,
by adding a subdivision; 205.075, by adding a subdivision; 205A.03, subdivision
1; 205A.06, subdivision 1a; 205A.10, subdivision 2; 205A.12, by adding a
subdivision; 206.89, subdivision 5.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 3066, A bill for an act relating to elections;
providing for the establishment of precinct caucus dates by the appropriate
political party; requiring notice to the secretary of state; amending Minnesota
Statutes 2006, sections 202A.14, subdivision 1; 202A.15, 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 127 yeas and 4
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Kalin
Olson
The bill was passed and its title agreed to.
Sertich moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam 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. 3220, A bill for an act relating to local government;
authorizing political subdivisions to make grants to nonprofit organizations;
proposing coding for new law in Minnesota Statutes, chapter 471.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Davnie moved that the House refuse to concur in the Senate
amendments to H. F. No. 3220, 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.
Madam 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. 3708, A bill for an act relating to health; changing
licensing requirements for certain health professions; changing provisions for
unlicensed complementary and alternative health care practitioners; amending
Minnesota Statutes 2006, sections 147.03, subdivision 1; 148.512, subdivision
20; 148.5161, subdivisions 2, 3; 148.5175; 148.519, subdivision 3; 148.5194,
subdivisions 7, 8; 148.5195, subdivision 3; 148.6425; 148.6428; 148.6440;
148.6443, subdivisions 1, 3; 148.6445, subdivision 11; 151.01, subdivision 27;
153A.14, subdivisions 2i, 4a, 11; 153A.175; Minnesota Statutes 2007 Supplement,
sections 146A.08, subdivision 1; 146A.11, subdivision 1; 147.037, subdivision
1; 148.515, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 148B.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Murphy, E., moved that the House concur in the Senate amendments
to H. F. No. 3708 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 3708, A bill for an act relating to health; changing
licensing requirements for certain health professions; changing provisions for
unlicensed complementary and alternative health care practitioners; providing
for county standards for transporting a dead body; amending Minnesota Statutes
2006, sections 147.03, subdivision 1; 148.512, subdivision 20; 148.5161,
subdivisions 2, 3; 148.5175; 148.519, subdivision 3; 148.5194, subdivisions 7,
8; 148.5195, subdivision 3; 148.6425; 148.6428; 148.6440; 148.6443,
subdivisions 1, 3; 148.6445, subdivision 11; 149A.01, subdivision 4; 151.01,
subdivision 27; 153A.14, subdivisions 2i, 4a, 11; 153A.175; Minnesota Statutes
2007 Supplement, sections 146A.08, subdivision 1; 146A.11, subdivision 1;
147.037, subdivision 1; 148.515, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 148B.
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 131 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 1812, A bill for an act relating to the financing,
organization, and operation of state government; providing for programs in
education, early childhood education, higher education, environment and natural
resources, energy, agriculture, veterans affairs, military affairs, jobs and
economic development activities or programs, transportation, public safety,
courts, human rights, judiciary, housing, public health, health department, and
human services; modifying certain statutory provisions and laws; providing for
certain programs for economic and state affairs; regulating certain activities
and practices; regulating abortion funding; fixing and limiting fees; providing
for the taxation of certain corporations; authorizing rulemaking, requiring
studies and reports; providing civil penalties; making technical corrections;
providing for fund transfers; appropriating money or reducing appropriations;
amending Minnesota Statutes 2006, sections 3.30, subdivision 1; 3.855,
subdivision 3; 3.971, subdivision 2; 10A.071, subdivision 3; 13.32, subdivision
3, by adding a subdivision; 13.461, by adding a subdivision; 13.465,
subdivision 8; 13.851, by adding a subdivision; 15A.081, subdivision 8;
15A.0815; 16A.133, subdivision 1; 16B.281, subdivision 3; 16B.282; 16B.283;
16B.284; 16B.287, subdivision 2; 16C.16, subdivision 5; 16E.01, subdivision 3;
16E.03, subdivision 1; 16E.04, subdivision 2; 17.4988, subdivisions 2, 3;
43A.01, subdivision 3; 43A.17, subdivision 9; 84.788, subdivision 3; 84.82,
subdivision 2, by adding a subdivision; 84.922, subdivision 2; 84.9256,
subdivision 1; 85.011; 85.012, subdivisions 28, 49a; 85.013, subdivision 1;
85.054, subdivision 3, by adding a subdivision; 86B.401, subdivision 2; 88.15,
subdivision 2; 89.715; 93.481, by adding a subdivision; 97A.055, subdivision
4b; 97A.141, subdivision 1; 103A.204; 103A.43; 103B.151, subdivision 1;
103G.291, by adding a subdivision; 103G.615, subdivision 2; 116J.423, by adding
a subdivision; 116J.8731, subdivision 4; 116L.17, by adding a subdivision;
116U.26; 119A.03, subdivision 1; 120B.131, subdivision 2; 120B.31, as amended;
120B.35, as amended; 120B.36, as amended; 120B.362; 122A.21; 123B.02,
subdivision 21; 123B.59, subdivision 1; 123B.62; 124D.04, subdivisions 3, 6, 8,
9; 124D.05, by adding a subdivision; 124D.10, subdivision 20; 124D.385,
subdivision 4; 124D.55; 125A.65, by adding a subdivision; 125A.76, by adding a
subdivision; 126C.10, subdivision 31, by adding a subdivision; 126C.17,
subdivision 9; 126C.21, subdivision 1; 126C.51; 126C.52, subdivision 2, by
adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision 16; 136A.101,
subdivision 8; 136A.121, subdivision 5; 136F.90, subdivision 1; 141.25, by
adding a subdivision; 144.1222, subdivision 1a, by adding subdivisions;
144.1501, subdivision 2; 144.218, subdivision 1; 144.225, subdivision 2;
144.2252; 144.226, subdivision 1; 157.16, as amended; 168.1255, by adding a
subdivision; 171.29, subdivision 1; 190.19, subdivision 1, by adding a
subdivision; 192.501, by adding subdivisions; 197.585, subdivision 5; 216C.41, subdivision
4; 253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185, subdivision
5; 256.01, by adding a subdivision; 256.741, subdivisions 2, 2a, 3; 256.969,
subdivisions 2b, 20; 256B.0571, subdivisions 8, 9; 256B.0621, subdivisions 2,
6, 10; 256B.0917, subdivision 8; 256B.0924, subdivisions 4, 6; 256B.19,
subdivision 1d; 256B.431, subdivision 23; 256B.69, subdivisions 5a, 6, by
adding subdivisions; 256B.692, by adding a subdivision; 256D.44, subdivisions
2, 5; 256L.12, subdivision 9; 259.89, subdivision 1; 260C.317, subdivision 4;
268.125, subdivisions 1, 2, by adding a subdivision; 290.01, subdivisions 5,
19c, as amended, 19d, as amended, by adding a subdivision; 290.17, subdivision
4; 298.2214, subdivisions 1, 2, as amended; 298.223, subdivision 2; 298.28,
subdivisions 9b, 9d, as added; 298.292, subdivision 2, as amended; 298.2961,
subdivision 2; 341.21, as amended; 341.23; 341.26; 341.28, as amended; 341.29;
341.30; 341.32, as amended; 341.33; 341.34, subdivision 1; 341.35; 341.37;
349A.02, subdivision 1; 446A.12, subdivision 1; 462A.22, subdivision 1;
473.1565, subdivision 3; 518A.50; 518A.53, subdivision 5; 609.531, subdivision
1; Minnesota Statutes 2007 Supplement, sections 3.922, by adding a subdivision;
10A.01, subdivision 35; 16B.328, by adding a subdivision; 80A.28, subdivision
1; 84.8205, subdivision 1; 103G.291, subdivision 3; 116J.575, subdivision 1a;
116L.17, subdivision 1; 120B.021, subdivision 1; 120B.024; 120B.30; 123B.143,
subdivision 1; 124D.531, subdivision 1; 126C.21, subdivision 3; 126C.44;
136A.121, subdivision 7a; 136A.126; 136A.127; 136A.128, by adding a
subdivision; 136A.65, subdivisions 1, 3, 5, 6, 7; 136A.66; 136A.67; 136A.69;
136F.02, subdivision 1; 136F.03, subdivision 4; 141.25, subdivision 5; 141.28,
subdivision 1; 141.35; 144.4167, by adding a subdivision; 190.19, subdivision
2; 214.04, subdivision 3; 216C.052, subdivision 2; 216C.41, subdivision 3;
253B.185, subdivision 1b; 256.741, subdivision 1; 256B.0625, subdivision 20;
256B.0631, subdivisions 1, 3; 256B.199; 256B.434, subdivision 19; 256B.441,
subdivisions 1, 55, 56; 256J.621; 268.047, subdivisions 1, 2; 268.085,
subdivisions 3, 9, 16; 268.125, subdivision 3; 298.227; 341.22; 341.25; 341.27;
341.321; 446A.072, subdivisions 3, 5a; 446A.086; Laws 1999, chapter 223, article
2, section 72; Laws 2006, chapter 282, article 2, section 27, subdivision 4;
Laws 2007, chapter 45, article 2, section 1; Laws 2007, chapter 54, article 1,
section 11; Laws 2007, chapter 57, article 1, section 4, subdivisions 3, 4, 6;
Laws 2007, chapter 135, article 1, section 3, subdivisions 2, 3; Laws 2007,
chapter 144, article 1, sections 3, subdivisions 2, 18; 5, subdivisions 2, 5;
Laws 2007, chapter 146,
article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46,
subdivisions 2, 3, 4, 6, 9, 13; article 3, sections 23, subdivision 2; 24,
subdivisions 3, 4, 9; article 4, section 16, subdivisions 2, 3, 6, 8; article
5, section 13, subdivisions 2, 3, 4, 5; article 7, section 4; article 9,
section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article 2,
section 21; article 19, section 3, subdivisions 1, 4; Laws 2007, chapter 148,
article 1, sections 7; 12, subdivision 4; Laws 2007, First Special Session
chapter 2, article 1, section 11, subdivisions 1, 2, 6; Laws 2008, chapter 152,
article 1, section 6, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 5; 13B; 16A; 43A; 115A; 116J; 120B; 121A; 124D; 127A; 136F;
144; 192; 256B; 268; 325F; 341; 446A; repealing Minnesota Statutes 2006,
sections 16B.281, subdivisions 2, 4, 5; 16B.285; 84.961, subdivision 4; 85.013,
subdivision 21b; 97A.141, subdivision 2; 121A.67; 125A.16; 125A.19; 125A.20;
125A.57; 168.123, subdivision 2a; 256.741, subdivision 15; 256J.24, subdivision
6; 259.83, subdivision 3; 259.89, subdivisions 2, 3, 4, 5; 290.01, subdivision
6b; 298.28, subdivision 9a; 341.31; 645.44, subdivision 19; Minnesota Statutes
2007 Supplement, section 256.969, subdivision 27; Laws 1989, chapter 335,
article 1, section 21, subdivision 8, as amended; Laws 2004, chapter 188,
section 2; Laws 2006, chapter 263, article 3, section 16; Laws 2007, First
Special Session chapter 2, article 1, section 11, subdivisions 3, 4.
The Senate has appointed as such committee:
Senators Cohen, Tomassoni, Frederickson, Betzold and Higgins.
Said House File is herewith returned to the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 3220:
Davnie, Marquart and Lanning.
MOTIONS AND RESOLUTIONS
Carlson moved that the name of Solberg be added as an author on
H. F. No. 1812. The
motion prevailed.
Pelowski moved that the name of Beard be added as an author on
H. F. No. 2007. The
motion prevailed.
Brod moved that the name of Shimanski be added as an author on
H. F. No. 2172. The
motion prevailed.
Atkins moved that the name of Paulsen be added as an author on
H. F. No. 2720. The
motion prevailed.
Brod moved that her name be stricken as an author on
H. F. No. 3172. The
motion prevailed.
Hosch moved that the name of Moe be added as an author on
H. F. No. 3795. The
motion prevailed.
Moe moved that the names of Nornes, Simpson, Westrom, Howes,
Berns, Shimanski, Hamilton, Emmer, Severson, Erickson, Lanning and Zellers be
added as authors on H. F. No. 3935. The motion prevailed.
Bigham moved that the name of Murphy, E., be added as an author
on H. F. No. 4145. The
motion prevailed.
Dill moved that the name of Rukavina be added as an author on
H. F. No. 4150. The
motion prevailed.
MOTION
TO SUSPEND RULES
Seifert moved that the rules of the House be so far suspended
that H. F. No. 2522 be recalled from the Committee on Health and Human
Services, be given its second and third readings and be placed upon its final
passage.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called. There were 43 yeas and 88 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Lanning
Magnus
McFarlane
McNamara
Nornes
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Olson
Otremba
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail.
Atkins moved that H. F. No. 3829, now on the
General Register, be re-referred to the Committee on Commerce and Labor. The motion prevailed.
Eken moved that S. F. No. 3061 be recalled from
the Committee on Finance and be re-referred to the Committee on Ways and
Means. The motion prevailed.
Hilty moved that S. F. No. 3337 be recalled from
the Committee on Finance and together with H. F. No. 3661, now
on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced his intention to place
H. F. No. 4023 on the Fiscal Calendar for Thursday, April 10,
2008.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 11:00 a.m., Thursday, April 10, 2008.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned
until 11:00 a.m., Thursday, April 10, 2008.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives