Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6671

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

SIXTY-FIFTH DAY

 

Saint Paul, Minnesota, Monday, March 3, 2014

 

 

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

 

      Prayer was offered by the Reverend Dr. Jules Erickson, All Saints Lutheran Church, Cottage Grove, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      FitzSimmons, Hamilton, Hilstrom, Savick, Simon and Zellers were excused.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6672

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

February 28, 2014

 

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Thissen:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 2374.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

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

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2014

 

Date Filed

2014

 

                                2374                     145                                     10:45 a.m. February 28                        February 28

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6673

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1295, A bill for an act relating to human services; modifying nursing facility level of care to prevent seniors currently enrolled in the elderly waiver program from losing coverage; amending Minnesota Statutes 2012, section 144.0724, subdivision 11.

 

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

 

      The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 1408, A bill for an act relating to elections; requiring soil and water conservation district supervisors to be elected by supervisor districts in the seven-county metropolitan area; amending Minnesota Statutes 2012, section 103C.311, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, after line 9, insert:

 

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

 

 

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

 

      The report was adopted.

 

 

Lenczewski from the Committee on Taxes to which was referred:

 

H. F. No. 1777, A bill for an act relating to taxation; sales and use; repealing June accelerated tax payment; amending Minnesota Statutes 2012, sections 289A.18, subdivision 4; 289A.20, subdivision 4; 297F.09, subdivisions 1, 2; 297F.25, subdivision 2; repealing Minnesota Statutes 2012, sections 289A.60, subdivision 15; 297F.09, subdivision 10; 297G.09, subdivision 9.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 289A.02, subdivision 7, is amended to read:

 

Subd. 7.  Internal Revenue Code.  Unless specifically defined otherwise, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011 December 20, 2013.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 2.  Minnesota Statutes 2012, section 289A.08, subdivision 7, is amended to read:

 

Subd. 7.  Composite income tax returns for nonresident partners, shareholders, and beneficiaries.  (a) The commissioner may allow a partnership with nonresident partners to file a composite return and to pay the tax on behalf of nonresident partners who have no other Minnesota source income.  This composite return must include the names, addresses, Social Security numbers, income allocation, and tax liability for the nonresident partners electing to be covered by the composite return.

 

(b) The computation of a partner's tax liability must be determined by multiplying the income allocated to that partner by the highest rate used to determine the tax liability for individuals under section 290.06, subdivision 2c.  Nonbusiness deductions, standard deductions, or personal exemptions are not allowed.

 

(c) The partnership must submit a request to use this composite return filing method for nonresident partners.  The requesting partnership must file a composite return in the form prescribed by the commissioner of revenue.  The filing of a composite return is considered a request to use the composite return filing method.

 

(d) The electing partner must not have any Minnesota source income other than the income from the partnership and other electing partnerships.  If it is determined that the electing partner has other Minnesota source income, the inclusion of the income and tax liability for that partner under this provision will not constitute a return to satisfy the requirements of subdivision 1.  The tax paid for the individual as part of the composite return is allowed as a payment of the tax by the individual on the date on which the composite return payment was made.  If the electing nonresident partner has no other Minnesota source income, filing of the composite return is a return for purposes of subdivision 1.

 

(e) This subdivision does not negate the requirement that an individual pay estimated tax if the individual's liability would exceed the requirements set forth in section 289A.25.  The individual's liability to pay estimated tax is, however, satisfied when the partnership pays composite estimated tax in the manner prescribed in section 289A.25.

 

(f) If an electing partner's share of the partnership's gross income from Minnesota sources is less than the filing requirements for a nonresident under this subdivision, the tax liability is zero.  However, a statement showing the partner's share of gross income must be included as part of the composite return.

 

(g) The election provided in this subdivision is only available to a partner who has no other Minnesota source income and who is either (1) a full-year nonresident individual or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of the Internal Revenue Code.

 

(h) A corporation defined in section 290.9725 and its nonresident shareholders may make an election under this paragraph.  The provisions covering the partnership apply to the corporation and the provisions applying to the partner apply to the shareholder.

 

(i) Estates and trusts distributing current income only and the nonresident individual beneficiaries of the estates or trusts may make an election under this paragraph.  The provisions covering the partnership apply to the estate or trust.  The provisions applying to the partner apply to the beneficiary.

 

(j) For the purposes of this subdivision, "income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.01, subdivision 19a, clauses (6) to (10) (9), and the subtractions provided in:  (i) section 290.01, subdivision 19b, clause (8), to the extent the amount is assignable or allocable to Minnesota under section 290.17; and (ii) section 290.01, subdivision 19b, clause (13).  The subtraction allowed under section 290.01, subdivision 19b, clause (8), is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 3.  Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19, is amended to read:

 

Subd. 19.  Net income.  The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.

 

In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:

 

(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;

 

(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and

 

(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.

 

The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.

 

The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.

 

The Internal Revenue Code of 1986, as amended through April 14, 2011 December 20, 2013, shall be in effect for taxable years beginning after December 31, 1996, and before January 1, 2012, and for taxable years beginning after December 31, 2012.  The Internal Revenue Code of 1986, as amended through January 3, 2013, is in effect for taxable years beginning after December 31, 2011, and before January 1, 2013.

 

The provisions of sections 315 and 331 of the American Taxpayer Relief Act of 2012, Public Law 112-240, extension of increased expensing limitations and treatment of certain real property as section 179 property and extension and modification of bonus depreciation, are effective at the same time they become effective for federal purposes.

 

Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19 to 19f mean the code in effect for purposes of determining net income for the applicable year.

 

EFFECTIVE DATE.  This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time as the changes were effective for federal purposes.

 

Sec. 4.  Minnesota Statutes 2012, section 290.01, subdivision 19a, is amended to read:

 

Subd. 19a.  Additions to federal taxable income.  For individuals, estates, and trusts, there shall be added to federal taxable income:


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6676

(1)(i) interest income on obligations of any state other than Minnesota or a political or governmental subdivision, municipality, or governmental agency or instrumentality of any state other than Minnesota exempt from federal income taxes under the Internal Revenue Code or any other federal statute; and

 

(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue Code, except:

 

(A) the portion of the exempt-interest dividends exempt from state taxation under the laws of the United States; and

 

(B) the portion of the exempt-interest dividends derived from interest income on obligations of the state of Minnesota or its political or governmental subdivisions, municipalities, governmental agencies or instrumentalities, but only if the portion of the exempt-interest dividends from such Minnesota sources paid to all shareholders represents 95 percent or more of the exempt-interest dividends, including any dividends exempt under subitem (A), that are paid by the regulated investment company as defined in section 851(a) of the Internal Revenue Code, or the fund of the regulated investment company as defined in section 851(g) of the Internal Revenue Code, making the payment; and

 

(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal government described in section 7871(c) of the Internal Revenue Code shall be treated as interest income on obligations of the state in which the tribe is located;

 

(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid or accrued within the taxable year under this chapter and the amount of taxes based on net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other state or to any province or territory of Canada, to the extent allowed as a deduction under section 63(d) of the Internal Revenue Code, but the addition may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code state itemized deduction exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code, minus any addition that would have been required under clause (21) (17) if the taxpayer had claimed the standard deduction.  For the purpose of this paragraph, the disallowance of itemized deductions under section 68 of the Internal Revenue Code of 1986 clause, income, sales and use, motor vehicle sales, or excise taxes are the last itemized deductions disallowed under clause (15);

 

(3) the capital gain amount of a lump-sum distribution to which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;

 

(4) the amount of income taxes paid or accrued within the taxable year under this chapter and taxes based on net income paid to any other state or any province or territory of Canada, to the extent allowed as a deduction in determining federal adjusted gross income.  For the purpose of this paragraph, income taxes do not include the taxes imposed by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;

 

(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10 other than expenses or interest used in computing net interest income for the subtraction allowed under subdivision 19b, clause (1);

 

(6) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;

 

(7) 80 percent of the depreciation deduction allowed under section 168(k) of the Internal Revenue Code.  For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) over the amount of the loss from the activity that is not allowed in the taxable year.  In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) is allowed;


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(8) 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;

 

(9) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;

 

(10) for taxable years beginning before January 1, 2013, the exclusion allowed under section 139A of the Internal Revenue Code for federal subsidies for prescription drug plans;

 

(11) the amount of expenses disallowed under section 290.10, subdivision 2;

 

(12) (11) for taxable years beginning before January 1, 2010, the amount deducted for qualified tuition and related expenses under section 222 of the Internal Revenue Code, to the extent deducted from gross income;

 

(13) (12) for taxable years beginning before January 1, 2010, the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from gross income;

 

(14) the additional standard deduction for property taxes payable that is allowable under section 63(c)(1)(C) of the Internal Revenue Code;

 

(15) the additional standard deduction for qualified motor vehicle sales taxes allowable under section 63(c)(1)(E) of the Internal Revenue Code;

 

(16) (13) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code;

 

(17) the amount of unemployment compensation exempt from tax under section 85(c) of the Internal Revenue Code;

 

(18) (14) changes to federal taxable income attributable to a net operating loss that the taxpayer elected to carry back for more than two years for federal purposes but for which the losses can be carried back for only two years under section 290.095, subdivision 11, paragraph (c);

 

(19) (15) to the extent included in the computation of federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed itemized deductions, but the amount of disallowed itemized deductions plus the addition required under clause (2) may not be more than the amount by which the itemized deductions as allowed under section 63(d) of the Internal Revenue Code exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, disregarding the amounts allowed under sections 63(c)(1)(C) and 63(c)(1)(E) of the Internal Revenue Code, and reduced by any addition that would have been required under clause (21) (17) if the taxpayer had claimed the standard deduction:

 

(i) the amount of disallowed itemized deductions is equal to the lesser of:

 

(A) three percent of the excess of the taxpayer's federal adjusted gross income over the applicable amount; or

 

(B) 80 percent of the amount of the itemized deductions otherwise allowable to the taxpayer under the Internal Revenue Code for the taxable year;

 

(ii) the term "applicable amount" means $100,000, or $50,000 in the case of a married individual filing a separate return.  Each dollar amount shall be increased by an amount equal to:

 

(A) such dollar amount, multiplied by


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(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof;

 

(iii) the term "itemized deductions" does not include:

 

(A) the deduction for medical expenses under section 213 of the Internal Revenue Code;

 

(B) any deduction for investment interest as defined in section 163(d) of the Internal Revenue Code; and

 

(C) the deduction under section 165(a) of the Internal Revenue Code for casualty or theft losses described in paragraph (2) or (3) of section 165(c) of the Internal Revenue Code or for losses described in section 165(d) of the Internal Revenue Code;

 

(20) (16) to the extent included in federal taxable income in taxable years beginning after December 31, 2010, the amount of disallowed personal exemptions for taxpayers with federal adjusted gross income over the threshold amount:

 

(i) the disallowed personal exemption amount is equal to the dollar amount of the personal exemptions claimed by the taxpayer in the computation of federal taxable income multiplied by the applicable percentage;

 

(ii) "applicable percentage" means two percentage points for each $2,500 (or fraction thereof) by which the taxpayer's federal adjusted gross income for the taxable year exceeds the threshold amount.  In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the applicable percentage exceed 100 percent;

 

(iii) the term "threshold amount" means:

 

(A) $150,000 in the case of a joint return or a surviving spouse;

 

(B) $125,000 in the case of a head of a household;

 

(C) $100,000 in the case of an individual who is not married and who is not a surviving spouse or head of a household; and

 

(D) $75,000 in the case of a married individual filing a separate return; and

 

(iv) the thresholds shall be increased by an amount equal to:

 

(A) such dollar amount, multiplied by

 

(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof; and

 

(21) (17) to the extent deducted in the computation of federal taxable income, for taxable years beginning after December 31, 2010, and before January 1, 2013 2014, the difference between the standard deduction allowed under section 63(c) of the Internal Revenue Code and the standard deduction allowed for 2011 and, 2012, and 2013 under the Internal Revenue Code as amended through December 1, 2010.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 5.  Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19b, is amended to read:

 

Subd. 19b.  Subtractions from federal taxable income.  For individuals, estates, and trusts, there shall be subtracted from federal taxable income:

 

(1) net interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;

 

(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;

 

(3) the amount paid to others, less the amount used to claim the credit allowed under section 290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and transportation of each qualifying child in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363A.  For the purposes of this clause, "tuition" includes fees or tuition as defined in section 290.0674, subdivision 1, clause (1).  As used in this clause, "textbooks" includes books and other instructional materials and equipment purchased or leased for use in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state.  Equipment expenses qualifying for deduction includes expenses as defined and limited in section 290.0674, subdivision 1, clause (3).  "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs.  No deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or the qualifying child's vehicle to provide such transportation for a qualifying child.  For purposes of the subtraction provided by this clause, "qualifying child" has the meaning given in section 32(c)(3) of the Internal Revenue Code;

 

(4) income as provided under section 290.0802;

 

(5) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491;

 

(6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E) of the Internal Revenue Code in determining federal taxable income by an individual who does not itemize deductions for federal income tax purposes for the taxable year, an amount equal to 50 percent of the excess of charitable contributions over $500 allowable as a deduction for the taxable year under section 170(a) of the Internal Revenue Code, under the provisions of Public Law 109-1 and Public Law 111-126;

 

(7) for individuals who are allowed a federal foreign tax credit for taxes that do not qualify for a credit under section 290.06, subdivision 22, an amount equal to the carryover of subnational foreign taxes for the taxable year, but not to exceed the total subnational foreign taxes reported in claiming the foreign tax credit.  For purposes of this clause, "federal foreign tax credit" means the credit allowed under section 27 of the Internal Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed under section 904(c) of the Internal Revenue Code minus national level foreign taxes to the extent they exceed the federal foreign tax credit;

 

(8) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (7), or 19c, clause (12), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the delayed depreciation.  For purposes of this clause, "delayed depreciation" means


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the amount of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c, clause (12), in the case of a shareholder of an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition.  The resulting delayed depreciation cannot be less than zero;

 

(9) job opportunity building zone income as provided under section 469.316;

 

(10) to the extent included in federal taxable income, the amount of compensation paid to members of the Minnesota National Guard or other reserve components of the United States military for active service, excluding compensation for services performed under the Active Guard Reserve (AGR) program.  For purposes of this clause, "active service" means (i) state active service as defined in section 190.05, subdivision 5a, clause (1); or (ii) federally funded state active service as defined in section 190.05, subdivision 5b, but "active service" excludes service performed in accordance with section 190.08, subdivision 3;

 

(11) to the extent included in federal taxable income, the amount of compensation paid to Minnesota residents who are members of the armed forces of the United States or United Nations for active duty performed under United States Code, title 10; or the authority of the United Nations;

 

(12) an amount, not to exceed $10,000, equal to qualified expenses related to a qualified donor's donation, while living, of one or more of the qualified donor's organs to another person for human organ transplantation.  For purposes of this clause, "organ" means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow; "human organ transplantation" means the medical procedure by which transfer of a human organ is made from the body of one person to the body of another person; "qualified expenses" means unreimbursed expenses for both the individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses may be subtracted under this clause only once; and "qualified donor" means the individual or the individual's dependent, as defined in section 152 of the Internal Revenue Code.  An individual may claim the subtraction in this clause for each instance of organ donation for transplantation during the taxable year in which the qualified expenses occur;

 

(13) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition.  If the net operating loss exceeds the addition for the tax year, a subtraction is not allowed under this clause;

 

(14) to the extent included in the federal taxable income of a nonresident of Minnesota, compensation paid to a service member as defined in United States Code, title 10, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief Act, Public Law 108-189, section 101(2);

 

(15) to the extent included in federal taxable income, the amount of national service educational awards received from the National Service Trust under United States Code, title 42, sections 12601 to 12604, for service in an approved Americorps National Service program;

 

(16) to the extent included in federal taxable income, discharge of indebtedness income resulting from reacquisition of business indebtedness included in federal taxable income under section 108(i) of the Internal Revenue Code.  This subtraction applies only to the extent that the income was included in net income in a prior year as a result of the addition under section 290.01, subdivision 19a, clause (16) (13);

 

(17) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c); and


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(18) the amount of expenses not allowed for federal income tax purposes due to claiming the railroad track maintenance credit under section 45G(a) of the Internal Revenue Code.;

 

(19) the amount of the limitation on itemized deductions under section 68(b) of the Internal Revenue Code; and

 

(20) the amount of the phaseout of personal exemptions under section 151(d) of the Internal Revenue Code.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 6.  Minnesota Statutes 2012, section 290.01, is amended by adding a subdivision to read:

 

Subd. 29a.  State itemized deduction.  "State itemized deduction" means federal itemized deductions, as defined in section 63(d) of the Internal Revenue Code, disregarding any limitation under section 68 of the Internal Revenue Code, and reduced by the amount of the addition required under subdivision 19a, clause (15).

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 7.  Minnesota Statutes 2013 Supplement, section 290.01, subdivision 31, is amended to read:

 

Subd. 31.  Internal Revenue Code.  Unless specifically defined otherwise, for taxable years beginning before January 1, 2012, and after December 31, 2012, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011; and for taxable years beginning after December 31, 2011, and before January 1, 2013, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through January 3 December 20, 2013.  Internal Revenue Code also includes any uncodified provision in federal law that relates to provisions of the Internal Revenue Code that are incorporated into Minnesota law.  When used in this chapter, the reference to "subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue Code" is to the Internal Revenue Code as amended through March 18, 2010.

 

EFFECTIVE DATE.  This section is effective the day following final enactment, except the changes incorporated by federal changes are effective retroactively at the same time the changes were effective for federal purposes.

 

Sec. 8.  Minnesota Statutes 2013 Supplement, section 290.06, subdivision 2c, is amended to read:

 

Subd. 2c.  Schedules of rates for individuals, estates, and trusts.  (a) The income taxes imposed by this chapter upon married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code must be computed by applying to their taxable net income the following schedule of rates:

 

(1) On the first $35,480, 5.35 percent;

 

(2) On all over $35,480, but not over $140,960, 7.05 percent;

 

(3) On all over $140,960, but not over $250,000, 7.85 percent;

 

(4) On all over $250,000, 9.85 percent.

 

Married individuals filing separate returns, estates, and trusts must compute their income tax by applying the above rates to their taxable income, except that the income brackets will be one-half of the above amounts.

 

(b) The income taxes imposed by this chapter upon unmarried individuals must be computed by applying to taxable net income the following schedule of rates:

 

(1) On the first $24,270, 5.35 percent;


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(2) On all over $24,270, but not over $79,730, 7.05 percent;

 

(3) On all over $79,730, but not over $150,000, 7.85 percent;

 

(4) On all over $150,000, 9.85 percent.

 

(c) The income taxes imposed by this chapter upon unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code must be computed by applying to taxable net income the following schedule of rates:

 

(1) On the first $29,880, 5.35 percent;

 

(2) On all over $29,880, but not over $120,070, 7.05 percent;

 

(3) On all over $120,070, but not over $200,000, 7.85 percent;

 

(4) On all over $200,000, 9.85 percent.

 

(d) In lieu of a tax computed according to the rates set forth in this subdivision, the tax of any individual taxpayer whose taxable net income for the taxable year is less than an amount determined by the commissioner must be computed in accordance with tables prepared and issued by the commissioner of revenue based on income brackets of not more than $100.  The amount of tax for each bracket shall be computed at the rates set forth in this subdivision, provided that the commissioner may disregard a fractional part of a dollar unless it amounts to 50 cents or more, in which case it may be increased to $1.

 

(e) An individual who is not a Minnesota resident for the entire year must compute the individual's Minnesota income tax as provided in this subdivision.  After the application of the nonrefundable credits provided in this chapter, the tax liability must then be multiplied by a fraction in which:

 

(1) the numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code and increased by the additions required under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), and (16) to (18) and (11) to (14), and reduced by the Minnesota assignable portion of the subtraction for United States government interest under section 290.01, subdivision 19b, clause (1), and the subtractions under section 290.01, subdivision 19b, clauses (8), (9), (13), (14), (16), and (17), after applying the allocation and assignability provisions of section 290.081, clause (a), or 290.17; and

 

(2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code of 1986, increased by the amounts specified in section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), (9), (12), (13), and (16) to (18) and (11) to (14), and reduced by the amounts specified in section 290.01, subdivision 19b, clauses (1), (8), (9), (13), (14), (16), and (17).

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 9.  Minnesota Statutes 2012, section 290.067, subdivision 1, is amended to read:

 

Subdivision 1.  Amount of credit.  (a) A taxpayer may take as a credit against the tax due from the taxpayer and a spouse, if any, under this chapter an amount equal to the dependent care credit for which the taxpayer is eligible pursuant to the provisions of section 21 of the Internal Revenue Code subject to the limitations provided in subdivision 2 except that in determining whether the child qualified as a dependent, income received as a Minnesota family investment program grant or allowance to or on behalf of the child must not be taken into account in determining whether the child received more than half of the child's support from the taxpayer, and the provisions of section 32(b)(1)(D) of the Internal Revenue Code do not apply.


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(b) If a child who has not attained the age of six years at the close of the taxable year is cared for at a licensed family day care home operated by the child's parent, the taxpayer is deemed to have paid employment-related expenses.  If the child is 16 months old or younger at the close of the taxable year, the amount of expenses deemed to have been paid equals the maximum limit for one qualified individual under section 21(c) and (d) of the Internal Revenue Code.  If the child is older than 16 months of age but has not attained the age of six years at the close of the taxable year, the amount of expenses deemed to have been paid equals the amount the licensee would charge for the care of a child of the same age for the same number of hours of care.

 

(c) If a married couple:

 

(1) has a child who has not attained the age of one year at the close of the taxable year;

 

(2) files a joint tax return for the taxable year; and

 

(3) does not participate in a dependent care assistance program as defined in section 129 of the Internal Revenue Code, in lieu of the actual employment related expenses paid for that child under paragraph (a) or the deemed amount under paragraph (b), the lesser of (i) the combined earned income of the couple or (ii) the amount of the maximum limit for one qualified individual under section 21(c) and (d) of the Internal Revenue Code will be deemed to be the employment related expense paid for that child.  The earned income limitation of section 21(d) of the Internal Revenue Code shall not apply to this deemed amount.  These deemed amounts apply regardless of whether any employment-related expenses have been paid.

 

(d) If the taxpayer is not required and does not file a federal individual income tax return for the tax year, no credit is allowed for any amount paid to any person unless:

 

(1) the name, address, and taxpayer identification number of the person are included on the return claiming the credit; or

 

(2) if the person is an organization described in section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of the Internal Revenue Code, the name and address of the person are included on the return claiming the credit.

 

In the case of a failure to provide the information required under the preceding sentence, the preceding sentence does not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information required.

 

(e) In the case of a nonresident, part-year resident, or a person who has earned income not subject to tax under this chapter including earned income excluded pursuant to section 290.01, subdivision 19b, clause (9), the credit determined under section 21 of the Internal Revenue Code must be allocated based on the ratio by which the earned income of the claimant and the claimant's spouse from Minnesota sources bears to the total earned income of the claimant and the claimant's spouse.

 

(f) For residents of Minnesota, the subtractions for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not considered "earned income not subject to tax under this chapter."

 

(g) For residents of Minnesota, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter."

 

(h) For purposes of this section, for taxable years beginning after December 31, 2012, and before January 1, 2014, references to section 21 of the Internal Revenue Code are to section 21 of the Internal Revenue Code as amended through June 6, 2001.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.


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Sec. 10.  Minnesota Statutes 2012, section 290.067, subdivision 2a, is amended to read:

 

Subd. 2a.  Income.  (a) For purposes of this section, "income" means the sum of the following:

 

(1) federal adjusted gross income as defined in section 62 of the Internal Revenue Code; and

 

(2) the sum of the following amounts to the extent not included in clause (1):

 

(i) all nontaxable income;

 

(ii) the amount of a passive activity loss that is not disallowed as a result of section 469, paragraph (i) or (m) of the Internal Revenue Code and the amount of passive activity loss carryover allowed under section 469(b) of the Internal Revenue Code;

 

(iii) an amount equal to the total of any discharge of qualified farm indebtedness of a solvent individual excluded from gross income under section 108(g) of the Internal Revenue Code;

 

(iv) cash public assistance and relief;

 

(v) any pension or annuity (including railroad retirement benefits, all payments received under the federal Social Security Act, supplemental security income, and veterans benefits), which was not exclusively funded by the claimant or spouse, or which was funded exclusively by the claimant or spouse and which funding payments were excluded from federal adjusted gross income in the years when the payments were made;

 

(vi) interest received from the federal or a state government or any instrumentality or political subdivision thereof;

 

(vii) workers' compensation;

 

(viii) nontaxable strike benefits;

 

(ix) the gross amounts of payments received in the nature of disability income or sick pay as a result of accident, sickness, or other disability, whether funded through insurance or otherwise;

 

(x) a lump-sum distribution under section 402(e)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1995;

 

(xi) contributions made by the claimant to an individual retirement account, including a qualified voluntary employee contribution; simplified employee pension plan; self-employed retirement plan; cash or deferred arrangement plan under section 401(k) of the Internal Revenue Code; or deferred compensation plan under section 457 of the Internal Revenue Code;

 

(xii) nontaxable scholarship or fellowship grants;

 

(xiii) the amount of deduction allowed under section 199 of the Internal Revenue Code;

 

(xiv) the amount of deduction allowed under section 220 or 223 of the Internal Revenue Code;

 

(xv) the amount of deducted for tuition expenses required to be added to income under section 290.01, subdivision 19a, clause (12) under section 222 of the Internal Revenue Code; and


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(xvi) the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code; and.

 

(xvii) unemployment compensation.

 

In the case of an individual who files an income tax return on a fiscal year basis, the term "federal adjusted gross income" means federal adjusted gross income reflected in the fiscal year ending in the next calendar year.  Federal adjusted gross income may not be reduced by the amount of a net operating loss carryback or carryforward or a capital loss carryback or carryforward allowed for the year.

 

(b) "Income" does not include:

 

(1) amounts excluded pursuant to the Internal Revenue Code, sections 101(a) and 102;

 

(2) amounts of any pension or annuity that were exclusively funded by the claimant or spouse if the funding payments were not excluded from federal adjusted gross income in the years when the payments were made;

 

(3) surplus food or other relief in kind supplied by a governmental agency;

 

(4) relief granted under chapter 290A;

 

(5) child support payments received under a temporary or final decree of dissolution or legal separation; and

 

(6) restitution payments received by eligible individuals and excludable interest as defined in section 803 of the Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 107-16.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 11.  Minnesota Statutes 2012, section 290.0671, subdivision 1, is amended to read:

 

Subdivision 1.  Credit allowed.  (a) An individual is allowed a credit against the tax imposed by this chapter equal to a percentage of earned income.  To receive a credit, a taxpayer must be eligible for a credit under section 32 of the Internal Revenue Code.

 

(b) For individuals with no qualifying children, the credit equals 1.9125 percent of the first $4,620 of earned income.  The credit is reduced by 1.9125 percent of earned income or adjusted gross income, whichever is greater, in excess of $5,770, but in no case is the credit less than zero.

 

(c) For individuals with one qualifying child, the credit equals 8.5 percent of the first $6,920 of earned income and 8.5 percent of earned income over $12,080 but less than $13,450.  The credit is reduced by 5.73 percent of earned income or adjusted gross income, whichever is greater, in excess of $15,080, but in no case is the credit less than zero.

 

(d) For individuals with two or more qualifying children, the credit equals ten percent of the first $9,720 of earned income and 20 percent of earned income over $14,860 but less than $16,800.  The credit is reduced by 10.3 percent of earned income or adjusted gross income, whichever is greater, in excess of $17,890, but in no case is the credit less than zero.

 

(e) For a nonresident or part-year resident, the credit must be allocated based on the percentage calculated under section 290.06, subdivision 2c, paragraph (e).


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(f) For a person who was a resident for the entire tax year and has earned income not subject to tax under this chapter, including income excluded under section 290.01, subdivision 19b, clause (9), the credit must be allocated based on the ratio of federal adjusted gross income reduced by the earned income not subject to tax under this chapter over federal adjusted gross income.  For purposes of this paragraph, the subtractions for military pay under section 290.01, subdivision 19b, clauses (10) and (11), are not considered "earned income not subject to tax under this chapter."

 

For the purposes of this paragraph, the exclusion of combat pay under section 112 of the Internal Revenue Code is not considered "earned income not subject to tax under this chapter."

 

(g) For tax years beginning after December 31, 2007, and before December 31, 2010, and for tax years beginning after December 31, 2017, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $3,000 for married taxpayers filing joint returns.  For tax years beginning after December 31, 2008, the commissioner shall annually adjust the $3,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2007" shall be substituted for the word "1992."  For 2009, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2007, to the 12 months ending on August 31, 2008, and in each subsequent year, from the 12 months ending on August 31, 2007, to the 12 months ending on August 31 of the year preceding the taxable year.  The earned income thresholds as adjusted for inflation must be rounded to the nearest $10.  If the amount ends in $5, the amount is rounded up to the nearest $10.  The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act.

 

(h) For tax years beginning after December 31, 2010, and before January 1, 2012, and for tax years beginning after December 31, 2012, and before January 1, 2018, the $5,770 in paragraph (b), the $15,080 in paragraph (c), and the $17,890 in paragraph (d), after being adjusted for inflation under subdivision 7, are each increased by $5,000 for married taxpayers filing joint returns.  For tax years beginning after December 31, 2010, and before January 1, 2012, and for tax years beginning after December 31, 2012, and before January 1, 2018, the commissioner shall annually adjust the $5,000 by the percentage determined pursuant to the provisions of section 1(f) of the Internal Revenue Code, except that in section 1(f)(3)(B), the word "2008" shall be substituted for the word "1992."  For 2011, the commissioner shall then determine the percent change from the 12 months ending on August 31, 2008, to the 12 months ending on August 31, 2010, and in each subsequent year, from the 12 months ending on August 31, 2008, to the 12 months ending on August 31 of the year preceding the taxable year.  The earned income thresholds as adjusted for inflation must be rounded to the nearest $10.  If the amount ends in $5, the amount is rounded up to the nearest $10.  The determination of the commissioner under this subdivision is not a rule under the Administrative Procedure Act.

 

(i) The commissioner shall construct tables showing the amount of the credit at various income levels and make them available to taxpayers.  The tables shall follow the schedule contained in this subdivision, except that the commissioner may graduate the transition between income brackets.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 12.  Minnesota Statutes 2012, section 290.0675, subdivision 1, is amended to read:

 

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

 

(b) "Earned income" means the sum of the following, to the extent included in Minnesota taxable income:

 

(1) earned income as defined in section 32(c)(2) of the Internal Revenue Code;


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(2) income received from a retirement pension, profit-sharing, stock bonus, or annuity plan; and

 

(3) Social Security benefits as defined in section 86(d)(1) of the Internal Revenue Code.

 

(c) "Taxable income" means net income as defined in section 290.01, subdivision 19.

 

(d) "Earned income of lesser-earning spouse" means the earned income of the spouse with the lesser amount of earned income as defined in paragraph (b) for the taxable year minus the sum of (i) the amount for one exemption under section 151(d) of the Internal Revenue Code and (ii) one-half the amount of the standard deduction under section 63(c)(2)(A) and (4) of the Internal Revenue Code minus one-half of any addition required under section 290.01, subdivision 19a, clause (21) (17), and one-half of the addition that would have been required under section 290.01, subdivision 19a, clause (21) (17), if the taxpayer had claimed the standard deduction.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 13.  Minnesota Statutes 2013 Supplement, section 290.091, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  For purposes of the tax imposed by this section, the following terms have the meanings given:

 

(a) "Alternative minimum taxable income" means the sum of the following for the taxable year:

 

(1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(2) of the Internal Revenue Code;

 

(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding:

 

(i) the charitable contribution deduction under section 170 of the Internal Revenue Code;

 

(ii) the medical expense deduction;

 

(iii) the casualty, theft, and disaster loss deduction; and

 

(iv) the impairment-related work expenses of a disabled person;

 

(3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the taxable year (determined without regard to the depletion deduction for the taxable year);

 

(4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue Code determined without regard to subparagraph (E);

 

(5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.01, subdivision 19a, clause (1); and

 

(6) the amount of addition required by section 290.01, subdivision 19a, clauses (7) to (9), (12), (13), and (16) to (18) and (11) to (14);


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less the sum of the amounts determined under the following:

 

(1) interest income as defined in section 290.01, subdivision 19b, clause (1);

 

(2) an overpayment of state income tax as provided by section 290.01, subdivision 19b, clause (2), to the extent included in federal alternative minimum taxable income;

 

(3) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code.  Interest does not include amounts deducted in computing federal adjusted gross income;

 

(4) amounts subtracted from federal taxable income as provided by section 290.01, subdivision 19b, clauses (6), (8) to (14), and (16); and

 

(5) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c).

 

In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code.

 

(b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code.

 

(c) "Net minimum tax" means the minimum tax imposed by this section.

 

(d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section and section 290.032), reduced by the sum of the nonrefundable credits allowed under this chapter.

 

(e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3.

 

EFFECTIVE DATE.  This section is effective retroactively for taxable years beginning after December 31, 2012.

 

Sec. 14.  Minnesota Statutes 2013 Supplement, section 290A.03, subdivision 15, is amended to read:

 

Subd. 15.  Internal Revenue Code.  For taxable years beginning before January 1, 2012, and after December 31, 2012, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through April 14, 2011; and for taxable years beginning after December 31, 2011, and before January 1, 2013, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through January 3 December 20, 2013.

 

EFFECTIVE DATE.  This section is effective retroactively for property tax refunds based on property taxes payable after December 31, 2013, and rent paid after December 31, 2012.

 

Sec. 15.  Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 3, is amended to read:

 

Subd. 3.  Sale and purchase.  (a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision.  In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include the taxable services listed in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise.  Services performed by an employee for an employer are not taxable.  Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity.  Services performed between members of an affiliated group of corporations are not taxable.  For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b).


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(b) Sale and purchase include:

 

(1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and

 

(2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more.

 

(c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing.

 

(d) Sale and purchase include the preparing for a consideration of food.  Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:

 

(1) prepared food sold by the retailer;

 

(2) soft drinks;

 

(3) candy;

 

(4) dietary supplements; and

 

(5) all food sold through vending machines.

 

(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state.

 

(f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise.

 

(g) A sale and a purchase includes the furnishing for a consideration of the following services:

 

(1) the privilege of admission to places of amusement, recreational areas, or athletic events, and the making available of amusement devices, tanning facilities, reducing salons, steam baths, Turkish baths, health clubs, and spas or athletic facilities;

 

(2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice and including accommodations intermediary services provided in connection with other services provided under this clause;

 

(3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;

 

(4) the granting of membership in a club, association, or other organization if:

 

(i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and


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(ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members.

 

Granting of membership means both onetime initiation fees and periodic membership dues.  Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities;

 

(5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block.  For purposes of this clause, "road construction" means construction of:

 

(i) public roads;

 

(ii) cartways; and

 

(iii) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign; and

 

(6) services as provided in this clause:

 

(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning.  Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;

 

(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;

 

(iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services;

 

(iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit organization or any organization at the direction of a county for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections;

 

(v) pet grooming services;

 

(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility lines.  Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;

 

(vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and

 

(viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.


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(h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.

 

(i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, and pay television services.  Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669:  air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services.  The services in this paragraph are taxed to the extent allowed under federal law.

 

(j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed.

 

(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11.

 

(l) A sale and a purchase includes furnishing for a consideration of specified digital products or other digital products or granting the right for a consideration to use specified digital products or other digital products on a temporary or permanent basis and regardless of whether the purchaser is required to make continued payments for such right.  Wherever the term "tangible personal property" is used in this chapter, other than in subdivisions 10 and 38, the provisions also apply to specified digital products, or other digital products, unless specifically provided otherwise or the context indicates otherwise.

 

(m) A sale and purchase includes the furnishing for consideration of the following services:

 

(1) repairing and maintaining electronic and precision equipment, which service can be deducted as a business expense under the Internal Revenue Code.  This includes, but is not limited to, repair or maintenance of electronic devices, computers and computer peripherals, monitors, computer terminals, storage devices, and CD-ROM drives; other office equipment such as photocopying machines, printers, and facsimile machines; televisions, stereos, sound systems, video or digital recorders and players; two-way radios and other communications equipment; radar and sonar equipment, scientific instruments, microscopes, and medical equipment;

 

(2) repairing and maintaining commercial and industrial machinery and equipment.  For purposes of this subdivision, the following items are not commercial or industrial machinery and equipment:  (i) motor vehicles; (ii) furniture and fixtures; (iii) ships; (iv) railroad stock; and (v) aircraft; and

 

(3) warehousing or storage services for tangible personal property, excluding:

 

(i) agricultural products;

 

(ii) refrigerated storage;

 

(iii) electronic data; and

 

(iv) self-storage services and storage of motor vehicles, recreational vehicles, and boats, not eligible to be deducted as a business expense under the Internal Revenue Code.

 

EFFECTIVE DATE.  This section is effective retroactively for sales and purchases made after June 30, 2013.  Refunds of taxes paid on purchases under the stricken paragraph (m) after June 30, 2013, shall be applied for as provided in section 18. 


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Sec. 16.  Minnesota Statutes 2013 Supplement, section 297A.68, subdivision 5, is amended to read:

 

Subd. 5.  Capital equipment.  (a) Capital equipment is exempt.

 

"Capital equipment" means machinery and equipment purchased or leased, and used in this state by the purchaser or lessee primarily for manufacturing, fabricating, mining, or refining tangible personal property to be sold ultimately at retail if the machinery and equipment are essential to the integrated production process of manufacturing, fabricating, mining, or refining.  Capital equipment also includes machinery and equipment used primarily to electronically transmit results retrieved by a customer of an online computerized data retrieval system.

 

(b) Capital equipment includes, but is not limited to:

 

(1) machinery and equipment used to operate, control, or regulate the production equipment;

 

(2) machinery and equipment used for research and development, design, quality control, and testing activities;

 

(3) environmental control devices that are used to maintain conditions such as temperature, humidity, light, or air pressure when those conditions are essential to and are part of the production process;

 

(4) materials and supplies used to construct and install machinery or equipment;

 

(5) repair and replacement parts, including accessories, whether purchased as spare parts, repair parts, or as upgrades or modifications to machinery or equipment;

 

(6) materials used for foundations that support machinery or equipment;

 

(7) materials used to construct and install special purpose buildings used in the production process;

 

(8) ready-mixed concrete equipment in which the ready-mixed concrete is mixed as part of the delivery process regardless if mounted on a chassis, repair parts for ready-mixed concrete trucks, and leases of ready-mixed concrete trucks; and

 

(9) machinery or equipment used for research, development, design, or production of computer software.

 

(c) Capital equipment does not include the following:

 

(1) motor vehicles taxed under chapter 297B;

 

(2) machinery or equipment used to receive or store raw materials;

 

(3) building materials, except for materials included in paragraph (b), clauses (6) and (7);

 

(4) machinery or equipment used for nonproduction purposes, including, but not limited to, the following:  plant security, fire prevention, first aid, and hospital stations; support operations or administration; pollution control; and plant cleaning, disposal of scrap and waste, plant communications, space heating, cooling, lighting, or safety;

 

(5) farm machinery and aquaculture production equipment as defined by section 297A.61, subdivisions 12 and 13;

 

(6) machinery or equipment purchased and installed by a contractor as part of an improvement to real property;


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(7) machinery and equipment used by restaurants in the furnishing, preparing, or serving of prepared foods as defined in section 297A.61, subdivision 31;

 

(8) machinery and equipment used to furnish the services listed in section 297A.61, subdivision 3, paragraph (g), clause (6), items (i) to (vi) and (viii);

 

(9) machinery or equipment used in the transportation, transmission, or distribution of petroleum, liquefied gas, natural gas, water, or steam, in, by, or through pipes, lines, tanks, mains, or other means of transporting those products.  This clause does not apply to machinery or equipment used to blend petroleum or biodiesel fuel as defined in section 239.77; or

 

(10) any other item that is not essential to the integrated process of manufacturing, fabricating, mining, or refining.

 

(d) For purposes of this subdivision:

 

(1) "Equipment" means independent devices or tools separate from machinery but essential to an integrated production process, including computers and computer software, used in operating, controlling, or regulating machinery and equipment; and any subunit or assembly comprising a component of any machinery or accessory or attachment parts of machinery, such as tools, dies, jigs, patterns, and molds.

 

(2) "Fabricating" means to make, build, create, produce, or assemble components or property to work in a new or different manner.

 

(3) "Integrated production process" means a process or series of operations through which tangible personal property is manufactured, fabricated, mined, or refined.  For purposes of this clause, (i) manufacturing begins with the removal of raw materials from inventory and ends when the last process prior to loading for shipment has been completed; (ii) fabricating begins with the removal from storage or inventory of the property to be assembled, processed, altered, or modified and ends with the creation or production of the new or changed product; (iii) mining begins with the removal of overburden from the site of the ores, minerals, stone, peat deposit, or surface materials and ends when the last process before stockpiling is completed; and (iv) refining begins with the removal from inventory or storage of a natural resource and ends with the conversion of the item to its completed form.

 

(4) "Machinery" means mechanical, electronic, or electrical devices, including computers and computer software, that are purchased or constructed to be used for the activities set forth in paragraph (a), beginning with the removal of raw materials from inventory through completion of the product, including packaging of the product.

 

(5) "Machinery and equipment used for pollution control" means machinery and equipment used solely to eliminate, prevent, or reduce pollution resulting from an activity described in paragraph (a).

 

(6) "Manufacturing" means an operation or series of operations where raw materials are changed in form, composition, or condition by machinery and equipment and which results in the production of a new article of tangible personal property.  For purposes of this subdivision, "manufacturing" includes the generation of electricity or steam to be sold at retail.

 

(7) "Mining" means the extraction of minerals, ores, stone, or peat.

 

(8) "Online data retrieval system" means a system whose cumulation of information is equally available and accessible to all its customers.


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(9) "Primarily" means machinery and equipment used 50 percent or more of the time in an activity described in paragraph (a).

 

(10) "Refining" means the process of converting a natural resource to an intermediate or finished product, including the treatment of water to be sold at retail.

 

(11) This subdivision does not apply to telecommunications equipment as provided in subdivision 35 35a, and does not apply to wire, cable, fiber, poles, or conduit for telecommunications services.

 

EFFECTIVE DATE.  This section is effective for sales and purchases made after June 30, 2014.

 

Sec. 17.  Minnesota Statutes 2012, section 297A.68, is amended by adding a subdivision to read:

 

Subd. 35a.  Telecommunications and pay television services machinery and equipment.  (a) Telecommunications or pay television services machinery and equipment purchased or leased for use directly by a telecommunications or pay television service provider primarily in the provision of telecommunications or pay television services that are ultimately to be sold at retail are exempt, regardless of whether purchased by the owner, a contractor, or a subcontractor.

 

(b) For purposes of this subdivision, "telecommunications or pay television services machinery and equipment" includes, but is not limited to: 

 

(1) machinery, equipment, and fixtures utilized in receiving, initiating, amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring telecommunications or pay television services, such as computers, transformers, amplifiers, routers, bridges, repeaters, multiplexers, and other items performing comparable functions;

 

(2) machinery, equipment, and fixtures used in the transportation of telecommunications or pay television services, radio transmitters and receivers, satellite equipment, microwave equipment, other transporting media, wire, cable, fiber, poles, and conduit;

 

(3) ancillary machinery, equipment, and fixtures that regulate, control, protect, or enable the machinery in clauses (1) and (2) to accomplish its intended function, such as auxiliary power supply, test equipment, towers, heating, ventilating, and air conditioning equipment necessary to the operation of the telecommunications or pay television services equipment; and software necessary to the operation of the telecommunications or pay television services equipment; and

 

(4) repair and replacement parts, including accessories, whether purchased as spare parts, repair parts, or as upgrades or modifications to qualified machinery or equipment. 

 

EFFECTIVE DATE.  This section is effective for sales and purchases made after March 31, 2014.

 

Sec. 18.  SALES TAX; TEMPORARY REFUND MECHANISM.

 

(a) Any purchaser or vendor that paid sales tax on items under the stricken paragraph (m) of Minnesota Statutes, section 297A.61, subdivision 3, must apply directly to the commissioner of revenue for a refund under this section.  This provision only applies to sales made after June 30, 2013.  The application must be made on a form prescribed by the commissioner and the purchaser or vendor may make only one application for the entire period.

 

(b) Vendors and purchasers shall apply for refunds of sales tax paid, collected, or remitted under the stricken paragraph (m) of Minnesota Statutes, section 297A.61, subdivision 3, as provided under Minnesota Statutes, section 289A.50, subdivisions 2 and 2a.  If a purchaser does not meet the requirements of Minnesota Statutes, section 289A.50, subdivision 2a, they shall apply for the refund on a form prescribed by the commissioner.


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(c) Interest on the refund shall be paid at the rate in Minnesota Statutes, section 270C.405, from 90 days after the refund claim is filed with the commissioner of revenue.  The amount to make the refunds is annually appropriated to the commissioner of revenue.  The limitations on claims for refund provisions of Minnesota Statutes, section 289A.40, also apply to these refunds.

 

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

 

Sec. 19.  INDIVIDUAL INCOME TAX COLLECTION ACTION PROHIBITED.

 

Notwithstanding any law to the contrary, the commissioner shall not increase the amount due or decrease the refund for an individual income tax return for the taxable year beginning after December 31, 2012, and before January 1, 2014, to the extent the amount due was understated or the refund was overstated because the taxpayer calculated the tax or refund based on the Internal Revenue Code, as amended through April 14, 2011, rather than based on the Internal Revenue Code, as amended through December 20, 2013, as provided in this act. 

 

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

 

Sec. 20.  APPROPRIATION.

 

$1,212,000 is appropriated for fiscal years 2014 and 2015 from the general fund to the commissioner of revenue for the cost of administering this act.  This is a onetime appropriation and does not renew or become part of the base budget.

 

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

 

Sec. 21.  REPEALER.

 

Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 57, is repealed.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to taxation; income and franchise; sales and use; conforming to changes in the Internal Revenue Code; extending the working family credit phaseout for married filers; exempting certain business transactions; providing for refunds; appropriating money; amending Minnesota Statutes 2012, sections 289A.02, subdivision 7; 289A.08, subdivision 7; 290.01, subdivision 19a, by adding a subdivision; 290.067, subdivisions 1, 2a; 290.0671, subdivision 1; 290.0675, subdivision 1; 297A.68, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 290.01, subdivisions 19, 19b, 31; 290.06, subdivision 2c; 290.091, subdivision 2; 290A.03, subdivision 15; 297A.61, subdivision 3; 297A.68, subdivision 5; repealing Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 57."

 

 

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

 

      The report was adopted.


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

 

H. F. No. 1829, A bill for an act relating to civil liability; creating immunity for agritourism activities; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the following amendments:

 

Page 2, delete lines 30 to 36 and insert:

 

"Subd. 3.  Posting notice.  An agritourism professional shall post plainly visible signs at one or more prominent locations in the premises where the agritourism activity takes place that include a warning of the inherent risks of agritourism activity and the limitation of liability under this section."

 

Page 3, delete lines 1 to 9

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1831, A bill for an act relating to human services; modifying medical assistance coverage to include consultations with licensed independent clinical social workers; amending Minnesota Statutes 2012, section 256B.0625, subdivision 48.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 48, is amended to read:

 

Subd. 48.  Psychiatric consultation to primary care practitioners.  Medical assistance covers consultation provided by a psychiatrist, a psychologist, or an advanced practice registered nurse certified in psychiatric mental health, a licensed independent clinical social worker, or a licensed marriage and family therapist via telephone, e-mail, facsimile, or other means of communication to primary care practitioners, including pediatricians.  The need for consultation and the receipt of the consultation must be documented in the patient record maintained by the primary care practitioner.  If the patient consents, and subject to federal limitations and data privacy provisions, the consultation may be provided without the patient present."

 

Delete the title and insert:

 

"A bill for an act relating to human services; modifying medical assistance coverage to include consultations with licensed independent clinical social workers and licensed marriage and family therapists; amending Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 48."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.


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

 

H. F. No. 1874, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying provisions for Legislative-Citizen Commission on Minnesota Resources; modifying requirements for land acquisition with trust fund money; amending Minnesota Statutes 2013 Supplement, section 116P.17; repealing Minnesota Statutes 2012, section 116P.05, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, line 26, delete "29,270,000" and insert "28,970,000"

 

Page 5, line 31, after "North" insert ", by comparing mercury movements within watersheds to understand the drivers of mercury biomagnifications in the food web of rivers with similarly high mercury levels, and"

 

Page 11, line 4, delete "Audobon" and insert "Audubon"

 

Page 23, delete lines 19 to 35 and insert:

 

"$150,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Deep Portage Learning Center to coordinate with Audubon Center of the North Woods; Eagle Bluff Environmental Learning Center; Laurentian Environmental Learning Center; Long Lake Conservation Center; and Wolf Ridge Environmental Learning Center the installation of at least five kilowatt institutional solar arrays at each of the six residential environmental learning centers as a teaching tool.  Prior to the installation, the proposed placement of the solar arrays must be submitted to the Legislative-Citizen Commission on Minnesota Resources office to ensure the demonstration of the maximum educational value."

 

Page 24, delete lines 1 to 2

 

Page 24, line 32, delete "and" and insert "in cooperation with"

 

Page 37, line 18, delete "and"

 

Page 37, line 22, delete the period and insert a semicolon

 

Page 37, after line 22, insert:

 

"(5) Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 4, paragraph (d), Regional Park, Trail, and Connection Acquisition and Development Grants;

 

(6) Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 4, paragraph (g), Minnesota River Valley Green Corridor Scientific and Natural Area Acquisition;


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(7) Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 4, paragraph (q), Restoration Strategies for Ditched Peatland Scientific and Natural Areas;

 

(8) Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 6, paragraph (a), Improved Detection of Harmful Microbes in Ballast Water;

 

(9) Laws 2011, First Special Session chapter 2, article 3, section 2, subdivision 8, paragraph (b), Minnesota Junior Master Naturalist Program; and

 

(10) Laws 2010, chapter 362, section 2, subdivision 5, paragraph (d), Agricultural and Urban Runoff Water Quality Treatment Analysis."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1931, A bill for an act relating to health; regulating e-cigarettes; amending Minnesota Statutes 2012, sections 144.413, subdivision 4; 144.4165; 461.12; 461.18; 461.19; 609.685; 609.6855.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1940, A bill for an act relating to data practices; booking photographs; amending Minnesota Statutes 2012, section 13.82, subdivision 26; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

      The report was adopted.


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Clark from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 1941, A bill for an act relating to real property; establishing mortgage foreclosure mediation; amending Minnesota Statutes 2012, sections 357.18, subdivision 1, by adding a subdivision; 581.03; Minnesota Statutes 2013 Supplement, section 580.02; proposing coding for new law as Minnesota Statutes, chapter 584.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2013 Supplement, section 580.02, is amended to read:

 

580.02 REQUISITES FOR FORECLOSURE.

 

To entitle any party to make such foreclosure, it is requisite:

 

(1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative;

 

(2) that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;

 

(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered;

 

(4) before the notice of pendency as required under section 580.032 is recorded, the party has complied with section 580.021; and before or contemporaneous with the notice of sale as required under section 580.03 is recorded, the party has recorded either a fully executed opt-out notice or the affidavit of good faith in mediation as provided in chapter 584, if applicable; and

 

(5) before the foreclosure sale, the party has complied with section 582.043, if applicable.

 

Sec. 2.  Minnesota Statutes 2012, section 581.03, is amended to read:

 

581.03 JUDGMENT, TRANSCRIPT.

 

Judgment shall be entered, under the direction of the court, adjudging the amount due, with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy such amount, and directing the sheriff to proceed to sell the same according to the provisions of law relating to the sale of real estate on execution, and to make report to the court.  A certified transcript of the judgment shall be delivered to the sheriff, and shall be the sheriff's authority for making the sale.  Before judgment may be entered, the party seeking judgment must provide the court with either a fully executed opt-out notice or the affidavit of good faith in mediation as provided in chapter 584, if applicable.

 

Sec. 3.  [584.01] DEFINITIONS.

 

Subdivision 1.  Applicability.  The definitions in this section apply to this chapter.


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Subd. 2.  Authorized foreclosure prevention agency.  "Authorized foreclosure prevention agency" means a government agency or a nonprofit agency funded, all or in part, for foreclosure prevention services, by the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development, or otherwise approved by the United States Department of Housing and Urban Development to provide foreclosure prevention counseling services.

 

Subd. 3.  Foreclosing entity.  "Foreclosing entity" means the person attempting to foreclose a residential mortgage.

 

Subd. 4.  Homeowner.  "Homeowner" means the mortgagor who is an owner and an occupant of the residential property subject to the residential mortgage sought to be foreclosed by the foreclosing entity.

 

Subd. 5.  Loss mitigation.  "Loss mitigation" means a temporary or permanent loan modification, a forbearance agreement, a repayment agreement, a principal reduction, capitalizing arrears, or any other relief intended to prevent completion of the foreclosure.

 

Subd. 6.  Mediator.  "Mediator" means a mediator selected by the state Office of Administrative Hearings, as provided in section 584.05.

 

Subd. 7.  Office of Administrative Hearings.  "Office of Administrative Hearings" means the Office of Administrative Hearings as created by section 14.48.

 

Subd. 8.  Residential mortgage.  "Residential mortgage" means a mortgage on a property consisting of one to four family dwelling units, one of which the owner occupies as the owner's principal place of residency as of the date when the foreclosing entity sends the notice required under section 584.03, subdivision 1.

 

Subd. 9.  Single point of contact.  "Single point of contact" means personnel authorized by the foreclosing entity or subsequent lienholder to bind the foreclosing entity or subsequent lienholder, and bind the owner of any loan note related to the mortgage sought to be foreclosed, in mediation as to loss mitigation or other actions to resolve the foreclosure.  This single point of contact must be an easily accessible and reliable point of contact for the homeowner throughout the mediation process who can perform the duties imposed on servicers for continuity of contact in Code of Federal Regulations, title 12, section 1024.40, if applicable.

 

Subd. 10.  Subsequent lienholder.  "Subsequent lienholder" means any creditor having a recorded legal or equitable lien upon the residential property subject to the residential mortgage, or some part of it, that is junior to the lien held by the foreclosing entity.

 

Sec. 4.  [584.02] APPLICABILITY.

 

Subdivision 1.  Applicability.  This chapter applies to foreclosure of mortgages by advertisement under chapter 580 and foreclosure of mortgages by actions under chapter 581 on a residential property.  This chapter does not apply if the residential mortgage sought to be foreclosed is a portfolio loan and the foreclosing entity, or any parent, subsidiary, successor, or person similarly affiliated to the foreclosing entity, or the servicer or agent of the foreclosing entity, has recorded less than 125 notices of pendency under chapter 580 or lis pendens under chapter 581 in the year prior to the year of the notice of default.  For purposes of this section, "portfolio mortgage loan" means a mortgage and related loan note that are owned by the originator of the mortgage loan and that have not been previously sold, assigned, or otherwise transferred to a person other than a successor entity to a financial institution that originated the mortgage and related loan note.

 

Subd. 2.  Additional authority.  The Office of Administrative Hearings may enact regulations to carry out the provisions of chapter 584.  Until December 31, 2015, the Office of Administrative Hearings may establish procedures and take other actions necessary to create the residential foreclosure mediation program provided in chapter 584 without complying with the rulemaking requirements of chapter 14.


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Sec. 5.  [584.03] MEDIATION NOTICES.

 

Subdivision 1.  Notice of requested mediation.  A foreclosing entity desiring to foreclose a residential mortgage shall notify the Office of Administrative Hearings of the proposed foreclosure.  This notice shall be sent by the foreclosing entity to the Office of Administrative Hearings no earlier than 45 days after a homeowner's delinquency on the mortgage.  This notice to the Office of Administrative Hearings must include the single point of contact, the address of the property sought to be foreclosed, and the name and most recent telephone number of the homeowner.

 

Subd. 2.  Office of Administrative Hearings notice of mediation.  Within 14 days of receiving the notice of default in subdivision 1, the Office of Administrative Hearings shall select an authorized foreclosure prevention agency.  The Office of Administrative Hearings shall send a notice of the mediation to the homeowner, the foreclosing entity, and the authorized foreclosure prevention agency.  The notice shall include at least the following information:  the foreclosing entity's single point of contact, the address of the property sought to be foreclosed, the name and most recent telephone number of the homeowner, the name and contact information for the authorized foreclosure prevention agency, the date and location of the mediation, and a copy of the homeowner opt-out form provided for in section 584.04.  The date of the mediation shall not be less than 21 days or more than 60 days after the notice is sent by the Office of Administrative Hearings.

 

The notice must contain the following information related to the foreclosure prevention agency:

 

[Name of authorized foreclosure agency] is a nonprofit agency and is an expert in housing and foreclosure prevention counseling and assistance.  They are experienced in dealing with lenders and homeowners who are behind on mortgage payments and can help you understand your options and work with you to address your delinquency.  They are approved by either the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development.  They are not connected with the foreclosing entity in any way.  They will accompany you to the mediation and can provide information and assistance to reach an agreement with the foreclosing entity prior to the mediation.

 

Subd. 3.  Notice of mediation cancellation.  (a) If the authorized foreclosure prevention agency notifies the Office of Administrative Hearings within 14 days of the date of the scheduled mediation that it is unable to establish contact with a homeowner, the Office of Administrative Hearings shall send the notice required in this section.  The notice shall be sent by regular and certified mail.  The notice shall inform the homeowner that the mediation will be cancelled and the foreclosing entity will be permitted to proceed with foreclosure if the homeowner does not contact the Office of Administrative Hearings by a date that is at least two business days prior to the scheduled date of mediation.  The notice shall also inform the homeowner that the notice required in this section is being sent to the homeowner because the authorized foreclosure prevention agency has made four attempts to contact the homeowner and has been unable to confirm the homeowner's appearance at the mediation.  If the homeowner fails to contact the Office of Administrative Hearings at least two business days prior to the scheduled date of mediation, the Office of Administrative Hearings shall provide to the foreclosing entity an opt-out notice under section 584.04, subdivision 2.

 

(b) The authorized foreclosure prevention agency selected by the Office of Administrative Hearings to provide foreclosure counseling services to the homeowner may inform the Office of Administrative Hearings that it is unable to establish contact with the homeowner only if the authorized foreclosure prevention agency satisfies the following requirements:

 

(1) the authorized foreclosure prevention agency has made four attempts to contact the homeowner;

 

(2) at least one of the four attempts to contact the homeowner was by telephone;

 

(3) at least one of the attempts to contact the homeowner was in writing; and


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(4) the authorized foreclosure prevention agency has stated in each written attempt at contact that the purpose of mediation is to help the homeowner avoid foreclosure, that the authorized foreclosure prevention agency has been selected by the Office of Administrative Hearings to provide foreclosure counseling services to the homeowner if the homeowner wants those services, and the mediation may be cancelled if the homeowner does not communicate to either the Office of Administrative Hearings or the authorized foreclosure prevention agency an intent to participate in mediation.

 

Subd. 4.  Foreclosing entity's disclosure of loss mitigation information.  (a) Within 14 days of the date that the Office of Administrative Hearings sent the notice of mediation provided in subdivision 2, the foreclosing entity shall send to the homeowner and the Office of Administrative Hearings a notice of loss mitigation information.

 

(b) The notice of loss mitigation information shall include the following:

 

(1) a statement of all information the foreclosing entity currently has that has been or may be used in a loss mitigation decision;

 

(2) a list of information that the foreclosing entity reasonably needs from the homeowner to make a loss mitigation decision;

 

(3) a statement that the homeowner may request the equation used to make any calculation concerning a loss mitigation decision; and

 

(4) the identity and contact information for the single point of contact.

 

(c) The notice required by this subdivision must be in 14-point boldface type and the title of the notice must be in 20-point boldface type.  The notice must appear substantially as follows:

 

"NOTICE OF INFORMATION NEEDED FOR LOAN MODIFICATION DECISION

 

You are scheduled to appear for mortgage foreclosure mediation at [date, time, and location of mediation].  We are required to send you this notice under the law of the State of Minnesota.

 

Foreclosure mediation is a state-run program which provides eligible homeowners with the opportunity to work with a neutral third party to modify their mortgage to avoid foreclosure.  An agent of [name of foreclosing entity] will be there to negotiate and modify the terms of your loan.  Mediations can result in a modification to your loan or other solution to keep you in your house or allow a reasonable resolution to the foreclosure.

 

We have or may in the future use the following information that we currently possess about you or your home:

 

[List of all such information].

 

[If homeowner information necessary] The mediation of the foreclosure on your home is most likely to succeed in a loan modification to help you stay in the home if you provide the following information about you and your home:

 

[List of information and what documents can provide this information].

 

You should send this information to us and to the Office of Administrative Hearings.  You can send information to the Office of Administrative Hearings at [to be provided by the Office of Administrative Hearings].  You can send the requested information to us, or you can ask us any questions regarding this notice or the mediation process, as follows:

 

[Identity and contact information for single point of contact]."


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Subd. 5.  Notice to subsequent lienholders.  (a) Within 14 days of the date that the Office of Administrative Hearings sent the notice of mediation provided in subdivision 2, the foreclosing entity shall send to subsequent lienholders a notice identifying the homeowner, the address of the property sought to be foreclosed, and the mediation time, date, and location.  The notice shall also state that the mediator may void the lien on the property held by the subsequent lienholder if the subsequent lienholder fails to participate in the mediation in good faith.

 

(b) The foreclosing entity shall provide the Office of Administrative Hearings a list of all subsequent lienholders sent the notice required under this subdivision.

 

Subd. 6.  Notice of mediator.  The Office of Administrative Hearings shall notify the foreclosing entity, the homeowner, and the subsequent lienholders of the name and contact information of the assigned mediator.

 

Sec. 6.  [584.04] OPT-OUT FORM.

 

Subdivision 1.  Opt-out forms.  The Office of Administrative Hearings shall create two forms, a homeowner opt-out notice and an inability to contact opt-out notice.  Only one form of opt-out notice is needed to cancel the mediation and satisfy any requirement for obtaining or recording an opt-out notice.

 

Subd. 2.  Homeowner opt-out.  The Office of Administrative Hearings shall provide a notice to the homeowner that the homeowner can complete to decline participation in the mediation process.  If the Office of Administrative Hearings receives a signed opt-out notice from the homeowner, the Office of Administrative Hearings shall cancel the mediation and promptly provide a copy of this completed opt-out form to the foreclosing entity.  The foreclosing entity shall promptly provide a copy of the completed opt-out form to subsequent lienholders previously sent a notice of the mediation by the foreclosing entity.

 

Subd. 3.  Inability to contact opt-out.  If the Office of Administrative Hearings sends the notice of possible mediation cancellation required under section 584.03, subdivision 3, and the homeowner fails to contact the Office of Administrative Hearings at least two business days prior to the scheduled date of mediation, the Office of Administrative Hearings shall cancel the mediation, complete an opt-out form, and promptly provide the form to the foreclosing entity.  The foreclosing entity shall promptly provide a copy of the completed opt-out form to subsequent lienholders previously sent a notice of the mediation by the foreclosing entity.

 

Sec. 7.  [584.05] MEDIATORS.

 

Subdivision 1.  Mediator eligibility.  The Office of Administrative Hearings shall establish the qualifications necessary for a person to serve as a mediator under this chapter.  Mediators cannot have a conflict of interest that prevents the mediator from being impartial with any party involved in the mediation program.

 

Subd. 2.  Duties of the mediator.  At the mediation, the mediator shall:

 

(1) listen to the homeowner, foreclosing entity, and subsequent lienholders, if any;

 

(2) attempt to mediate between the homeowner, foreclosing entity, and subsequent lienholders, if any;

 

(3) advise the homeowner, foreclosing entity, and subsequent lienholders, if any, of assistance programs available and known to the mediator;

 

(4) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage; and

 

(5) advise, counsel, and assist the homeowner, foreclosing entity, and subsequent lienholders, if any, in attempting to arrive at an agreement for the future conduct of the financial relations among them.


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Subd. 3.  Mediator liability and immunity.  (a) A mediator is immune from civil liability for actions within the scope of the position as mediator.  A mediator does not have a duty to advise the homeowner, foreclosing entity, or subsequent lienholders, if any, about the law or to encourage or assist the homeowner, foreclosing entity, or subsequent lienholders, if any, in reserving or establishing legal rights.  This subdivision is an addition to and not a limitation of immunity otherwise accorded to a mediator under any law.

 

(b) A mediator cannot be examined about a communication or document, including work notes, made or used in the course of or because of mediation under this chapter.  This paragraph does not apply to the parties in the dispute in an application to a court by a party to have a mediated settlement agreement set aside or reformed.  A communication or document otherwise not privileged does not become privileged because it is used in the cause of mediation.  This paragraph is not intended to limit the privilege accorded to communication during mediation under any law.

 

Sec. 8.  [584.06] HOMEOWNER'S RIGHT TO REQUEST LOAN MODIFICATION FORMULA.

 

At any time after the notice of requested mediation is sent by the foreclosing entity, the homeowner has the right to request from the foreclosing entity the formula and information used in deciding whether the homeowner is eligible for a loan modification or other program to help the homeowner resolve the foreclosure.  The single point of contact must respond to the homeowner's request within seven days of the request.

 

Sec. 9.  [584.07] GOOD FAITH IN MEDIATION REQUIRED.

 

Subdivision 1.  Obligation of good faith.  The homeowner and the foreclosing entity must engage in mediation in good faith.

 

Subd. 2.  Determination of good faith.  A foreclosing entity does not participate in good faith if the foreclosing entity:

 

(1) fails to attend or participate in mediation sessions without good cause;

 

(2) fails to provide information required under this section, section 584.03, or section 584.08 without reasonable justification;

 

(3) fails to provide a single point of contact for the mediation process;

 

(4) fails to provide the formula used in deciding whether the homeowner is eligible for a loan modification or other program to help resolve the foreclosure, as required by section 584.06, if the formula is requested by the homeowner;

 

(5) fails to provide a reasonable explanation for not agreeing to loss mitigation;

 

(6) takes action or fails to take action that unreasonably obstructs or impedes mediation or loss mitigation; or

 

(7) engages in any other conduct that evidences lack of good faith in providing loss mitigation or reasonably assisting the homeowner in resolving the foreclosure.

 

A failure to agree to modify, reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of good faith by the foreclosing entity.

 

Subd. 3.  Certificate of good faith in mediation.  If the mediator determines that the foreclosing entity participated in the mediation in good faith, the mediator shall promptly provide to all parties a certificate attesting to this determination.  If the mediator determines that the foreclosing entity has not participated in the mediation in good faith, the mediator shall provide to all parties within one week of the end of the mediation a report attesting to this determination and the reason for the determination.


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Subd. 4.  Lack of good faith.  If the homeowner does not execute an opt-out form and the mediator does not provide the foreclosing entity a certificate of good faith in mediation following a mediation, all actions taken and documents recorded as part of the foreclosure process are void, and the foreclosing entity shall be prohibited from taking any action to initiate a new foreclosure for one year from the date of mediation.

 

Sec. 10.  [584.08] MEDIATION PROCESS.

 

Subdivision 1.  Appearances.  There will be one mediation session unless the mediator determines that a subsequent session is needed and may be helpful to a successful mediation.  The Office of Administrative Hearings may allow the parties to appear through remote communication.  The Office of Administrative Hearings may reschedule the time or location of the mediation if reasonably necessary for the participation of a party.  A subsequent or rescheduled session may take place outside of the time period provided in section 584.03, subdivision 2.

 

Subd. 2.  Documents required at mediation.  The foreclosing entity shall bring to the mediation the following documents:

 

(1) a valid copy of the mortgage and note, and each assignment or endorsement of the mortgage and note;

 

(2) an accurate statement containing the balance of the loan within seven days of the date of mediation;

 

(3) an accurate statement of any arrearage and an itemized statement of the arrearages;

 

(4) the payment history and schedule for the preceding 12 months, or since default, whichever is longer, including a breakdown of all fees and charges claimed and outstanding; and

 

(5) any appraisal or valuation estimate relied upon by the foreclosing entity in making a loan mitigation decision.

 

Subd. 3.  Mediation agreement.  The foreclosing entity, homeowner, and, if any, subsequent lienholders who are parties to an agreement reached in mediation are bound by the terms of the agreement, may enforce the mediation agreement as a legal contract, and may use the mediation agreement as a defense against an action contrary to the mediation agreement.

 

Sec. 11.  [584.09] SUBSEQUENT LIENHOLDERS GOOD FAITH IN MEDIATION REQUIRED.

 

Subdivision 1.  Requirement of good faith.  A subsequent lienholder must participate in mediation in good faith.  A subsequent lienholder does not participate in good faith if the subsequent lienholder:

 

(1) fails to attend and participate in mediation sessions without good cause;

 

(2) fails to designate a single point of contact with authority to make binding commitments to participate in the mediation;

 

(3) fails to provide a reasonable explanation for not agreeing to a loss mitigation;

 

(4) takes action or fails to take action that unreasonably obstructs or impedes mediation or the determination of a loss mitigation; or

 

(5) engages in any other conduct that evidences a lack of good faith in providing a loss mitigation or reasonably assisting the homeowner in resolving the foreclosure.


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A failure to agree to modify, reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of good faith by the subsequent lienholder.

 

Subd. 2.  Failure to participate in good faith.  If the mediator determines that a subsequent lienholder has not participated in good faith in the mediation, the mediator shall provide to all parties within one week of the end of the mediation a certificate attesting to this determination.  The homeowner may record this certificate, which shall have the effect of making void the lien of the subsequent lienholder determined to have not participated in good faith.

 

Sec. 12.  [584.10] AUTHORIZED FORECLOSURE PREVENTION AGENCIES.

 

The Office of Administrative Hearings shall establish and administer an evaluation program to determine which authorized foreclosure prevention agencies are providing the best advocacy on behalf of the homeowner throughout the mediation process under this chapter.  When assigning authorized foreclosure prevention agencies to mediations, the Office of Administrative Hearings shall give priority to those authorized foreclosure prevention agencies that have been proven to be better advocates for the homeowner throughout the mediation process under this chapter.

 

Sec. 13.  [584.11] MORTGAGE FORECLOSURE MEDIATION PROGRAM DATA.

 

Subdivision 1.  Requirement to maintain data.  The Office of Administrative Hearings shall create an annual report on the success rate of the foreclosure mediation program.

 

Subd. 2.  Mediator reports.  The reports of mediators under section 584.07, subdivision 3, are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9.

 

Subd. 3.  Confidentiality of data created by the Office of Administrative Hearings in foreclosure mediation.  (a) All data regarding the finances of homeowners, foreclosing entities, and subsequent lienholders created, collected, and maintained by the mediators or the Office of Administrative Hearings are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9.

 

(b) All data and reports created by the Office of Administrative Hearings in complying with section 584.11, subdivision 1, shall be classified as public data not on individuals under section 13.02, subdivision 14.

 

Sec. 14.  APPROPRIATION; OFFICE OF ADMINISTRATIVE HEARINGS.

 

$.......is appropriated in fiscal year 2015 from the general fund to the Office of Administrative Hearings for the operation of the foreclosure mediation program under Minnesota Statutes, chapter 584.

 

Sec. 15.  REPEALER.

 

Minnesota Statutes 2012, sections 580.021; and 580.022, are repealed."

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6707

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

 

H. F. No. 1952, A bill for an act relating to telecommunications; consumer protection; requiring "kill switch" functionality for smart phones to deter theft; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

Reported the same back with the following amendments:

 

Page 1, line 10, before "cellular" insert "handheld" and after "other" insert "handheld"

 

Page 1, line 21, after "purchased" insert "new"

 

Page 1, line 22, delete "device" and insert "smart phone"

 

Page 2, lines 1, 2, 4, 6, and 18, delete "device" and insert "smart phone"

 

Page 2, line 8, delete "device's" and insert "smart phone's"

 

 

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

 

      The report was adopted.

 

 

Simon from the Committee on Elections to which was referred:

 

H. F. No. 1961, A bill for an act relating to ethics in government; expanding requirements relating to economic disclosure and conflicts of interest; amending Minnesota Statutes 2012, section 10A.09, subdivision 5; Minnesota Statutes 2013 Supplement, sections 10A.02, subdivision 10; 10A.07, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is amended to read:

 

Subd. 10.  Audits and investigations.  Within limits of available resources, the board may must make audits and investigations, with respect to the requirements of this chapter.  The board may impose statutory civil penalties, and issue orders for compliance with respect to the requirements of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11.  In all matters relating to its official duties, the board has the power to require testimony under oath, to permit written statements to be given under oath, and to issue subpoenas and cause them to be served.  If a person does not comply with a subpoena, the board may apply to the District Court of Ramsey County for issuance of an order compelling obedience to the subpoena.  A person failing to obey the order is punishable by the court as for contempt.

 

Sec. 2.  Minnesota Statutes 2013 Supplement, section 10A.07, subdivision 1, is amended to read:

 

Subdivision 1.  Disclosure of potential conflicts.  A public official or a local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests, the financial interests of the official's spouse, or those the financial interests of an associated business of the official or the official's spouse, unless the effect on the official or spouse is no greater than on other members of the official's or spouse's business classification, profession, or occupation, must take the following actions:


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(1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest;

 

(2) deliver copies of the statement to the official's immediate superior, if any; and

 

(3) if a member of the legislature or of the governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service.

 

If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public or local official must orally inform the superior or the official body of service or committee of the body of the potential conflict.

 

Sec. 3.  Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:

 

Subd. 5.  Form.  (a) A statement of economic interest required by this section must be on a form prescribed by the board.  The individual filing must provide the following information regarding the individual and the individual's spouse:

 

(1) name, address, occupation, and principal place of business;

 

(2) the name of each associated business and the nature of that association;

 

(3) a listing of all real property within the state, excluding homestead property, in which the individual or spouse holds:  (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more;

 

(4) a listing of all real property within the state in which a partnership of which the individual or spouse is a member holds:  (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property has a fair market value of $50,000 or more.  A listing under clause (3) or (4) must indicate the street address and the municipality or the section, township, range and approximate acreage, whichever applies, and the county in which the property is located; and

 

(5) a listing of any investments, ownership, or interests in property connected with pari-mutuel horse racing in the United States and Canada, including a racehorse, in which the individual or spouse directly or indirectly holds a partial or full interest or an immediate family member holds a partial or full interest.;

 

(6) a listing of the principal business or professional activity code of each business from which the individual or the individual's spouse receives more than $50 in any month as an employee, if the individual or the individual's spouse has an ownership interest of 25 percent or more in the business; and

 

(7) a listing of each principal business or professional activity code from which the individual or the individual's spouse received compensation of more than $2,500 in the past 12 months as an independent contractor.

 

(b) The following are the principal business or professional activity codes for purposes of paragraph (a), clauses (6) and (7):

 

(1) accommodation, food services, and drinking places;

 

(2) administrative and support services;


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(3) waste management and remediation services;

 

(4) agriculture, forestry, hunting, and fishing;

 

(5) gambling industries;

 

(6) arts, entertainment, and recreation;

 

(7) construction of buildings;

 

(8) educational services;

 

(9) insurance;

 

(10) securities and other financial services;

 

(11) health care and social assistance;

 

(12) broadcasting and telecommunications;

 

(13) data processing services;

 

(14) manufacturing;

 

(15) mining;

 

(16) personal services;

 

(17) repair and maintenance;

 

(18) professional, scientific, and technical services not listed in another clause;

 

(19) legal services;

 

(20) real estate, rental, and leasing;

 

(21) religious, grant-making, civic, professional, and similar organizations;

 

(22) retail trade;

 

(23) transportation and warehousing;

 

(24) utilities;

 

(25) wholesale trade;

 

(26) wholesale electronic markets, agents, and brokers;

 

(27) political consulting;

 

(28) public or media relations;


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(29) government relations;

 

(30) fund-raising; and

 

(31) other principal business or professional activity codes specified in board rules or advisory opinions.

 

(c) The statement of economic interest must distinguish matters specified in paragraph (a), clauses (1) to (7), that are reported on behalf of the individual from matters reported on behalf of the spouse.

 

EFFECTIVE DATE.  This section is effective the day following final enactment for a person who becomes a public official on or after that date, and for a person who files an affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.  For a person who is a public official before the effective date of this section, this section is effective for supplementary statements due April 15, 2015.

 

Sec. 4.  Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision to read:

 

Subd. 10.  Board audits; data classification.  (a) In conducting an audit of data reported under this section, the board may require an individual to disclose the underlying data on which the statement is based.

 

(b) All data related to an audit, including the existence of the audit, are classified as confidential data, as defined in section 13.02, subdivision 3.  A member, employee, or agent of the board must not disclose information obtained by the member, employee, or agent concerning the audit except as required to carry out the audit or take action in the matter.  Upon completion of the audit, the board's final audit report is public.  The final audit report must contain the name of the individual subject to the audit, a description of any audit findings, a description of any responses provided by the individual who was subject to the audit, and a description of the manner in which any findings were resolved.

 

Sec. 5.  Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:

 

Subd. 5.  Statements of economic interest.  (a) Disclosure of statements of economic interest filed by local officials is governed by section 10A.09, subdivision 6a.

 

(b) Data related to audits of statements of economic interest are governed by section 10A.09, subdivision 10."

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1971, A bill for an act relating to public safety; providing for the registration of automatic external defibrillators; proposing coding for new law in Minnesota Statutes, chapter 403.

 

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

 

      The report was adopted.


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

 

H. F. No. 1988, A bill for an act relating to health; requiring funeral providers disclosure of prices on Internet Web sites; amending Minnesota Statutes 2013 Supplement, section 149A.71, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 5, line 28, delete "provider" and insert "establishment"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2017, A bill for an act relating to privacy; establishing standards for use of data collected by an event data recorder; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 18 to 20 and insert:

 

"(c) "Event data recorder" is defined as provided in the Code of Federal Regulations, title 49, section 563.5, paragraph (b), as amended."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2150, A bill for an act relating to human services; making technical corrections to health and human services appropriations and policy provisions; amending Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9; Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 108, article 14, sections 2, subdivision 6; 3, subdivisions 1, 2, 4; 4, subdivision 8; 12.

 

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

 

      The report was adopted.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6712

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

 

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

 

Reported the same back with the following amendments:

 

Page 2, line 8, after "(c)" insert ", when addressing issues related to health insurance"

 

Page 2, line 31, after "(c)" insert ", when addressing issues related to health insurance"

 

Page 7, line 11, delete "either" and delete "or in the" and insert "but not more frequently than once every 24 months"

 

Page 7, line 12, delete everything before the period

 

Page 7, delete line 25 and insert "unless the exclusive representative of the largest employment group and the school district agree otherwise."

 

Page 8, line 4, delete "or" and after the second "district" insert ", or a representative of an exclusive bargaining unit"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2206, A bill for an act relating to juvenile protection; modifying timeline for juvenile treatment screening teams to screen juveniles; amending Minnesota Statutes 2012, section 260C.157, subdivision 3.

 

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

 

      The report was adopted.

 

 

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

 

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

 

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

 

      The report was adopted.


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

 

H. F. No. 2227, A bill for an act relating to health; establishing a plan for achieving continuous quality improvement in the care provided under the statewide system for ST elevation myocardial infarction response and treatment; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2293, A bill for an act relating to commerce; regulating payday lending; amending Minnesota Statutes 2012, sections 47.59, subdivision 2; 47.601, subdivisions 1, 2, 3; 53.05.

 

Reported the same back with the following amendments:

 

Page 5, delete lines 11 to 24

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2307, A bill for an act relating to health; providing for drug and alcohol overdose prevention and medical assistance; limiting liability; amending Minnesota Statutes 2012, section 151.37, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the following amendments:

 

Page 1, before line 7, insert:

 

"Section 1.  Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to read:

 

Subd. 6.  Basic life support.  (a) Except as provided in paragraphs (e) and (f), a basic life-support ambulance shall be staffed by at least two EMTs, one of whom must accompany the patient and provide a level of care so as to ensure that:

 

(1) life-threatening situations and potentially serious injuries are recognized;

 

(2) patients are protected from additional hazards;

 

(3) basic treatment to reduce the seriousness of emergency situations is administered; and

 

(4) patients are transported to an appropriate medical facility for treatment.

 

(b) A basic life-support service shall provide basic airway management.

 

(c) A basic life-support service shall provide automatic defibrillation.


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(d) A basic life-support service licensee's medical director may authorize ambulance service personnel to perform intravenous infusion and use equipment that is within the licensure level of the ambulance service, including administration of an opiate antagonist.  Ambulance service personnel must be properly trained.  Documentation of authorization for use, guidelines for use, continuing education, and skill verification must be maintained in the licensee's files.

 

(e) Upon application from an ambulance service that includes evidence demonstrating hardship, the board may grant a variance from the staff requirements in paragraph (a) and may authorize a basic life-support ambulance to be staffed by one EMT and one registered emergency medical responder driver for all emergency ambulance calls and interfacility transfers.  The variance shall apply to basic life-support ambulances operated by the ambulance service until the ambulance service renews its license.  When a variance expires, an ambulance service may apply for a new variance under this paragraph.  For purposes of this paragraph, "ambulance service" means either an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in a community with a population of less than 1,000.

 

(f) After an initial emergency ambulance call, each subsequent emergency ambulance response, until the initial ambulance is again available, and interfacility transfers, may be staffed by one registered emergency medical responder driver and an EMT.  The EMT must accompany the patient and provide the level of care required in paragraph (a).  This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance based in a community with a population of less than 1,000 persons."

 

Page 1, lines 11 and 20, delete "physician's" and insert "physician"

 

Page 3, line 22, delete "2 and 3" and insert "3 and 4"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2521, A bill for an act relating to marriage; authorizing notaries to perform civil marriages; amending Minnesota Statutes 2012, section 359.04; Minnesota Statutes 2013 Supplement, section 517.04.

 

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

 

      The report was adopted.


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

 

H. F. No. 2522, A bill for an act relating to marriage; authorizing certain mayors to perform civil marriages; amending Minnesota Statutes 2013 Supplement, section 517.04.

 

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

 

      The report was adopted.

 

 

Huntley from the Committee on Health and Human Services Finance to which was referred:

 

S. F. No. 1340, A bill for an act relating to human services; modifying provisions related to licensing data, human services licensing, child care programs, financial fraud and abuse investigations, and vendors of chemical dependency treatment services; modifies background studies; amending Minnesota Statutes 2012, sections 13.46, subdivisions 3, 4; 119B.125, subdivision 1b; 168.012, subdivision 1; 245A.02, subdivision 5a; 245A.04, subdivisions 1, 5, 11; 245A.06, subdivision 1; 245A.07, subdivisions 2, 2a, 3, by adding a subdivision; 245A.08, subdivisions 2a, 5a; 245A.146, subdivisions 3, 4; 245A.50, subdivision 4; 245A.65, subdivision 1; 245A.66, subdivision 1; 245B.02, subdivision 10; 245B.04; 245B.05, subdivisions 1, 7; 245B.07, subdivisions 5, 9, 10; 245C.04; 245C.05, subdivision 6; 245C.08, subdivision 1; 245C.16, subdivision 1; 245C.20, subdivision 1; 245C.22, subdivision 1; 245C.23, subdivision 2; 245C.28, subdivisions 1, 3; 245C.29, subdivision 2; 254B.05, subdivision 5; 256.01, subdivision 18d; 256.045, subdivision 3b; 268.19, subdivision 1; 471.346; repealing Minnesota Statutes 2012, sections 245B.02, subdivision 8a; 245B.07, subdivision 7a.

 

Reported the same back with the following amendments:

 

Page 13, delete section 8 and insert:

 

"Sec. 8.  Minnesota Statutes 2013 Supplement, section 245A.07, subdivision 2a, is amended to read:

 

Subd. 2a.  Immediate suspension expedited hearing.  (a) Within five working days of receipt of the license holder's timely appeal, the commissioner shall request assignment of an administrative law judge.  The request must include a proposed date, time, and place of a hearing.  A hearing must be conducted by an administrative law judge within 30 calendar days of the request for assignment, unless an extension is requested by either party and granted by the administrative law judge for good cause.  The commissioner shall issue a notice of hearing by certified mail or personal service at least ten working days before the hearing.  The scope of the hearing shall be limited solely to the issue of whether the temporary immediate suspension should remain in effect pending the commissioner's final order under section 245A.08, regarding a licensing sanction issued under subdivision 3 following the immediate suspension.  The burden of proof in expedited hearings under this subdivision shall be limited to the commissioner's demonstration that reasonable cause exists to believe that the license holder's actions or failure to comply with applicable law or rule poses, or if the actions of other individuals or conditions in the program poses an imminent risk of harm to the health, safety, or rights of persons served by the program.  "Reasonable cause" means there exist specific articulable facts or circumstances which provide the commissioner with a reasonable suspicion that there is an imminent risk of harm to the health, safety, or rights of persons served by the program.  When the commissioner has determined there is reasonable cause to order the temporary immediate suspension of a license based on a violation of safe sleep requirements, as defined in section 245A.1435, the commissioner is not required to demonstrate that an infant died or was injured as a result of the safe sleep violations.

 

(b) The administrative law judge shall issue findings of fact, conclusions, and a recommendation within ten working days from the date of hearing.  The parties shall have ten calendar days to submit exceptions to the administrative law judge's report.  The record shall close at the end of the ten-day period for submission of exceptions. 


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The commissioner's final order shall be issued within ten working days from the close of the record.  When an appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner shall issue a final order affirming the temporary immediate suspension within ten calendar days of the commissioner's receipt of the withdrawal or dismissal.  Within 90 calendar days after a final order affirming an immediate suspension, the commissioner shall make a determination regarding whether a final licensing sanction shall be issued under subdivision 3.  The license holder shall continue to be prohibited from operation of the program during this 90-day period.

 

(c) When the final order under paragraph (b) affirms an immediate suspension, and a final licensing sanction is issued under subdivision 3 and the license holder appeals that sanction, the license holder continues to be prohibited from operation of the program pending a final commissioner's order under section 245A.08, subdivision 5, regarding the final licensing sanction."

 

Page 14, delete section 9 and insert:

 

"Sec. 9.  Minnesota Statutes 2013 Supplement, section 245A.07, subdivision 3, is amended to read:

 

Subd. 3.  License suspension, revocation, or fine.  (a) The commissioner may suspend or revoke a license, or impose a fine if:

 

(1) a license holder fails to comply fully with applicable laws or rules;

 

(2) a license holder, a controlling individual, or an individual living in the household where the licensed services are provided or is otherwise subject to a background study has a disqualification which has not been set aside under section 245C.22;

 

(3) a license holder knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules; or

 

(4) after July 1, 2012, and upon request by the commissioner, a license holder fails to submit the information required of an applicant under section 245A.04, subdivision 1, paragraph (f) or (g).

 

A license holder who has had a license suspended, revoked, or has been ordered to pay a fine must be given notice of the action by certified mail or personal service.  If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder.  The notice must state the reasons the license was suspended, revoked, or a fine was ordered.

 

(b) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14 and specifically Minnesota Rules, parts 1400.8505 to 1400.8612.  The license holder may appeal an order suspending or revoking a license.  The appeal of an order suspending or revoking a license must be made in writing by certified mail or personal service.  If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked.  If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order.  Except as provided in subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order suspending or revoking a license, the license holder may continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs (g) and (h), until the commissioner issues a final order on the suspension or revocation.

 

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license holder of the responsibility for payment of fines and the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.  The appeal of an order to pay a fine must be made in writing by certified mail or


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personal service.  If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the fine has been ordered.  If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order.

 

(2) The license holder shall pay the fines assessed on or before the payment date specified.  If the license holder fails to fully comply with the order, the commissioner may issue a second fine or suspend the license until the license holder complies.  If the license holder receives state funds, the state, county, or municipal agencies or departments responsible for administering the funds shall withhold payments and recover any payments made while the license is suspended for failure to pay a fine.  A timely appeal shall stay payment of the fine until the commissioner issues a final order.

 

(3) A license holder shall promptly notify the commissioner of human services, in writing, when a violation specified in the order to forfeit a fine is corrected.  If upon reinspection the commissioner determines that a violation has not been corrected as indicated by the order to forfeit a fine, the commissioner may issue a second fine.  The commissioner shall notify the license holder by certified mail or personal service that a second fine has been assessed.  The license holder may appeal the second fine as provided under this subdivision.

 

(4) Fines shall be assessed as follows:  the license holder shall forfeit $1,000 for each determination of maltreatment of a child under section 626.556 or the maltreatment of a vulnerable adult under section 626.557 for which the license holder is determined responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including but not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply with background study requirements under chapter 245C; and the license holder shall forfeit $100 for each occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine above.  For purposes of this section, "occurrence" means each violation identified in the commissioner's fine order.  Fines assessed against a license holder that holds a license to provide home and community-based services, as identified in section 245D.03, subdivision 1, and a community residential setting or day services facility license under chapter 245D where the services are provided, may be assessed against both licenses for the same occurrence, but the combined amount of the fines shall not exceed the amount specified in this clause for that occurrence.

 

(5) When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party.  In such an event, the license holder will be personally liable for payment.  In the case of a corporation, each controlling individual is personally and jointly liable for payment.

 

(d) Except for background study violations involving the failure to comply with an order to immediately remove an individual or an order to provide continuous, direct supervision, the commissioner shall not issue a fine under paragraph (c) relating to a background study violation to a license holder who self-corrects a background study violation before the commissioner discovers the violation.  A license holder who has previously exercised the provisions of this paragraph to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation."

 

Page 17, delete section 11 and insert:

 

"Sec. 11.  Minnesota Statutes 2013 Supplement, section 245A.08, subdivision 2a, is amended to read:

 

Subd. 2a.  Consolidated contested case hearings.  (a) When a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on a disqualification for which reconsideration was timely requested and which was not set aside under section 245C.22, the scope of the contested case hearing shall include the disqualification and the licensing sanction or denial of a license, unless otherwise specified in this


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subdivision.  When the licensing sanction or denial of a license is based on a determination of maltreatment under section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment which was not set aside, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and the licensing sanction or denial of a license, unless otherwise specified in this subdivision.  In such cases, a fair hearing under section 256.045 shall not be conducted as provided for in sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.

 

(b) Except for family child care and child foster care, reconsideration of a maltreatment determination under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted when:

 

(1) a denial of a license under section 245A.05, or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder is based on serious or recurring maltreatment;

 

(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and

 

(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction.  In these cases, a fair hearing shall not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.  The scope of the contested case hearing must include the maltreatment determination, disqualification, and denial of a license or licensing sanction.

 

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22.  In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.

 

(c) In consolidated contested case hearings regarding sanctions issued in family child care, child foster care, family adult day services, adult foster care, and community residential settings, the county attorney shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.

 

(d) The commissioner's final order under subdivision 5 is the final agency action on the issue of maltreatment and disqualification, including for purposes of subsequent background studies under chapter 245C and is the only administrative appeal of the final agency determination, specifically, including a challenge to the accuracy and completeness of data under section 13.04.

 

(e) When consolidated hearings under this subdivision involve a licensing sanction based on a previous maltreatment determination for which the commissioner has issued a final order in an appeal of that determination under section 256.045, or the individual failed to exercise the right to appeal the previous maltreatment determination under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is conclusive on the issue of maltreatment.  In such cases, the scope of the administrative law judge's review shall be limited to the disqualification and the licensing sanction or denial of a license.  In the case of a denial of a license or a licensing sanction issued to a facility based on a maltreatment determination regarding an individual who is not the license holder or a household member, the scope of the administrative law judge's review includes the maltreatment determination.

 

(f) The hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, if:


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(1) a maltreatment determination or disqualification, which was not set aside under section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07;

 

(2) the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under section 245C.03; and

 

(3) the individual has a hearing right under section 245C.27.

 

(g) When a denial of a license under section 245A.05 or a licensing sanction under section 245A.07 is based on a disqualification for which reconsideration was requested and was not set aside under section 245C.22, and the individual otherwise has no hearing right under section 245C.27, the scope of the administrative law judge's review shall include the denial or sanction and a determination whether the disqualification should be set aside, unless section 245C.24 prohibits the set-aside of the disqualification.  In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors under section 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder.

 

(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under section 245A.07 is based on the termination of a variance under section 245C.30, subdivision 4, the scope of the administrative law judge's review shall include the sanction and a determination whether the disqualification should be set aside, unless section 245C.24 prohibits the set-aside of the disqualification.  In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors under section 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder."

 

Page 22, delete section 15 and insert:

 

"Sec. 15.  Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 4, is amended to read:

 

Subd. 4.  Cardiopulmonary resuscitation.  (a) When children are present in a family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person caregiver must be present in the home who has been trained in cardiopulmonary resuscitation (CPR) , including CPR techniques for infants and children, and in the treatment of obstructed airways that includes CPR techniques for infants and children.  The CPR training must have been provided by an individual approved to provide CPR instruction, must be repeated at least once every two years, and must be documented in the staff person's records.

 

(b) A family child care provider is exempt from the CPR training requirement in this subdivision related to any substitute caregiver who provides less than 30 hours of care during any 12-month period.

 

(c) Persons providing CPR training must use CPR training that has been developed:

 

(1) by the American Heart Association or the American Red Cross and incorporates psychomotor skills to support the instruction; or

 

(2) using nationally recognized, evidence-based guidelines for CPR training and incorporates psychomotor skills to support the instruction."

 

Pages 25 to 32, delete sections 18 to 25

 

Page 35, after line 5, insert:

 

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


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Page 35, delete section 3 and insert:

 

"Sec. 3.  Minnesota Statutes 2013 Supplement, section 268.19, subdivision 1, is amended to read:

 

Subdivision 1.  Use of data.  (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05.  A subpoena is not considered a district court order.  These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

 

(1) state and federal agencies specifically authorized access to the data by state or federal law;

 

(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;

 

(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;

 

(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 256.978;

 

(5) human rights agencies within Minnesota that have enforcement powers;

 

(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;

 

(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

 

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;

 

(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;

 

(9) (10) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps or food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;

 

(10) (11) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

 

(11) (12) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

 

(12) (13) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;


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(13) (14) the Department of Health for the purposes of epidemiologic investigations;

 

(14) (15) the Department of Corrections for the purpose of case planning for preprobation and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;

 

(15) (16) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201; and

 

(16) (17) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System.

 

(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

 

(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

 

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

 

Page 37, after line 33, insert:

 

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

 

Page 40, delete section 1 and insert:

 

"Section 1.  Minnesota Statutes 2012, section 245C.04, as amended by Laws 2013, chapter 108, article 5, section 3, is amended to read:

 

245C.04 WHEN BACKGROUND STUDY MUST OCCUR.

 

Subdivision 1.  Licensed programs.  (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial license for all license types.

 

(b) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at reapplication for a license for family child care.

 

(c) The commissioner is not required to conduct a study of an individual at the time of reapplication for a license if the individual's background study was completed by the commissioner of human services for an adult foster care license holder that is also:

 

(1) registered under chapter 144D; or

 

(2) licensed to provide home and community-based services to people with disabilities at the foster care location and the license holder does not reside in the foster care residence; and


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(3) the following conditions are met:

 

(i) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder;

 

(ii) the individual has been continuously affiliated with the license holder since the last study was conducted; and

 

(iii) the last study of the individual was conducted on or after October 1, 1995.

 

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall conduct a study of an individual required to be studied under section 245C.03, at the time of reapplication for a child foster care license.  The county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b).  The background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, paragraph (a), clauses (1) to (5), 3, and 4.

 

(e) The commissioner of human services shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with a child foster care license holder.  The county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5.  The background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.

 

(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in paragraph (c), the commissioner shall conduct a study of an individual required to be studied under section 245C.03 at the time of reapplication for an adult foster care or family adult day services license:  (1) the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted by the commissioner for all family adult day services and for adult foster care when the adult foster care license holder resides in the adult foster care or family adult day services residence; (2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and (3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

 

(g) The commissioner shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult foster care or family adult day services license holder:  (1) the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted by the commissioner for all family adult day services and for adult foster care when the adult foster care license holder resides in the adult foster care residence; (2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and (3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.

 

(h) Applicants for licensure, license holders, and other entities as provided in this chapter must submit completed background study forms requests to the commissioner using the electronic system known as NETStudy before individuals specified in section 245C.03, subdivision 1, begin positions allowing direct contact in any licensed program.


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(i) A license holder must initiate a new background study through the commissioner's online background study system NETStudy when:

 

(1) an individual returns to a position requiring a background study following an absence of 90 120 or more consecutive days; or

 

(2) a program that discontinued providing licensed direct contact services for 90 120 or more consecutive days begins to provide direct contact licensed services again.

 

The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program's files.  If the individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.

 

(j) For purposes of this section, a physician licensed under chapter 147 is considered to be continuously affiliated upon the license holder's receipt from the commissioner of health or human services of the physician's background study results.

 

(k) For purposes of family child care, a substitute caregiver must receive repeat background studies at the time of each license renewal.

 

Subd. 2.  Other state agencies.  Applicants and license holders under the jurisdiction of other state agencies who are required in other statutory sections to initiate background studies under this chapter must submit completed background study forms to the commissioner before the background study subject begins in a position allowing direct contact in the licensed program or, where applicable, prior to being employed.

 

Subd. 3.  Personal care provider organizations.  (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 2, at least upon application for initial enrollment under sections 256B.0651 to 256B.0656 and 256B.0659.

 

(b) Organizations required to initiate background studies under sections 256B.0651 to 256B.0656 and 256B.0659 for individuals described in section 245C.03, subdivision 2, must submit a completed background study form request to the commissioner using the electronic system known as NETStudy before those individuals begin a position allowing direct contact with persons served by the organization.

 

(c) Organizations required to initiate background studies under sections 256B.0651 to 256B.0656 and 256B.0659 for individuals described in section 245C.03, subdivision 2, must initiate a new background study through NETStudy when an individual returns to a position requiring a background study following an absence of 120 or more consecutive days.

 

Subd. 4.  Supplemental nursing services agencies.  (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 3, at least upon application for registration under section 144A.71, subdivision 1.

 

(b) Each supplemental nursing services agency must initiate background studies using the electronic system known as NETStudy before an individual begins a position allowing direct contact with persons served by the agency and annually thereafter.

 

Subd. 4a.  Agency background studies.  (a) The commissioner shall develop and implement an electronic process for the regular transfer of new criminal case information that is added to the Minnesota court information system.  The commissioner's system must include for review only information that relates to individuals who have


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6724

been the subject of a background study under this chapter that remain affiliated with the agency that initiated the background study.  For purposes of this paragraph, an individual remains affiliated with an agency that initiated the background study until the agency informs the commissioner that the individual is no longer affiliated.  When any individual no longer affiliated according to this paragraph returns to a position requiring a background study under this chapter, the agency with whom the individual is again affiliated shall initiate a new background study regardless of the length of time the individual was no longer affiliated with the agency.

 

(b) The commissioner shall develop and implement an online system for agencies that initiate background studies under this chapter to access and maintain records of background studies initiated by that agency.  The system must show all active background study subjects affiliated with that agency and the status of each individual's background study.  Each agency that initiates background studies must use this system to notify the commissioner of discontinued affiliation for purposes of the processes required under paragraph (a).

 

Subd. 5.  Personnel agencies; educational programs; professional services agencies.  Agencies, programs, and individuals who initiate background studies under section 245C.03, subdivision 4, must initiate the studies annually using the electronic system known as NETStudy.

 

Subd. 6.  Unlicensed home and community-based waiver providers of service to seniors and individuals with disabilities.  (a) Providers required to initiate background studies under section 256B.4912 must initiate a study using the electronic system known as NETStudy before the individual begins in a position allowing direct contact with persons served by the provider.

 

(b) Except as provided in paragraph (c), the providers must initiate a background study annually of an individual required to be studied under section 245C.03, subdivision 6.

 

(c) After an initial background study under this subdivision is initiated on an individual by a provider of both services licensed by the commissioner and the unlicensed services under this subdivision, a repeat annual background study is not required if:

 

(1) the provider maintains compliance with the requirements of section 245C.07, paragraph (a), regarding one individual with one address and telephone number as the person to receive sensitive background study information for the multiple programs that depend on the same background study, and that the individual who is designated to receive the sensitive background information is capable of determining, upon the request of the commissioner, whether a background study subject is providing direct contact services in one or more of the provider's programs or services and, if so, at which location or locations; and

 

(2) the individual who is the subject of the background study provides direct contact services under the provider's licensed program for at least 40 hours per year so the individual will be recognized by a probation officer or corrections agent to prompt a report to the commissioner regarding criminal convictions as required under section 245C.05, subdivision 7.

 

Subd. 7.  New study required with legal name change.  (a) For a background study completed on an individual required to be studied under section 245C.03, the license holder or other entity that initiated the background study must initiate a new background study using the electronic system known as NETStudy when an individual who is affiliated with the license holder or other entity undergoes a legal name change.

 

(b) For background studies subject to a fee paid through the NETStudy system, the entity that initiated the study may initiate a new study under paragraph (a) or notify the commissioner of the name change through a notice to the commissioner."


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6725

Page 44, delete section 3 and insert:

 

"Sec. 3.  Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is amended to read:

 

Subdivision 1.  Background studies conducted by Department of Human Services.  (a) For a background study conducted by the Department of Human Services, the commissioner shall review:

 

(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);

 

(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;

 

(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

 

(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;

 

(5) except as provided in clause (6), information from the national crime information system when the commissioner has reasonable cause as defined under section 245C.05, subdivision 5; and

 

(6) for a background study related to a child foster care application for licensure or adoptions, the commissioner shall also review:

 

(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years; and

 

(ii) information from national crime information databases, when the background study subject is 18 years of age or older.

 

(b) Notwithstanding expungement by a court, the commissioner may consider information obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner.

 

(c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study.

 

(d) When the commissioner has reasonable cause to believe that the identity of a background study subject is uncertain, the commissioner may require the subject to provide a set of classifiable fingerprints for purposes of completing a fingerprint-based record check with the Bureau of Criminal Apprehension.  Fingerprints collected under this paragraph shall not be saved by the commissioner after they have been used to verify the identity of the background study subject against the particular criminal record in question."

 

Page 51, delete section 11 and insert:

 

"Sec. 11.  Minnesota Statutes 2013 Supplement, section 256.045, subdivision 3b, is amended to read:

 

Subd. 3b.  Standard of evidence for maltreatment and disqualification hearings.  (a) The state human services judge shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under sections 626.556 and 626.557.  For purposes of hearings regarding disqualification, the state human services judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6726

(1) committed maltreatment under section 626.556 or 626.557, which is serious or recurring;

 

(2) committed an act or acts meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or

 

(3) failed to make required reports under section 626.556 or 626.557, for incidents in which the final disposition under section 626.556 or 626.557 was substantiated maltreatment that was serious or recurring.

 

(b) If the disqualification is affirmed, the state human services judge shall determine whether the individual poses a risk of harm in accordance with the requirements of section 245C.22, and whether the disqualification should be set aside or not set aside.  In determining whether the disqualification should be set aside, the human services judge shall consider all of the characteristics that cause the individual to be disqualified, including those characteristics that were not subject to review under paragraph (a), in order to determine whether the individual poses a risk of harm.  A decision to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside.  If a determination that the information relied upon to disqualify an individual was correct and is conclusive under section 245C.29, and the individual is subsequently disqualified under section 245C.14, the individual has a right to again request reconsideration on the risk of harm under section 245C.21.  Subsequent determinations regarding risk of harm are not subject to another hearing under this section.

 

(c) If a disqualification is based solely on a conviction or is conclusive for any reason under section 245C.29, the disqualified individual does not have a right to a hearing under this section.

 

(c) (d) The state human services judge shall recommend an order to the commissioner of health, education, or human services, as applicable, who shall issue a final order.  The commissioner shall affirm, reverse, or modify the final disposition.  Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7.  In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's determination as to maltreatment is conclusive, as provided under section 245C.29."

 

Page 53, line 9, after the semicolon, insert:

 

"(4)"

 

Page 53, line 12, delete "(4)" and insert "(5)"

 

Page 53, line 14, delete "(5)" and insert "(6)"

 

Page 53, line 20, delete "2014" and insert "2015"

 

Amend the title as follows:

 

Page 1, line 4, delete "modifies" and insert "modifying"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6727

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2293, 2521 and 2522 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 1340 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Radinovich and Falk introduced:

 

H. F. No. 2547, A bill for an act relating to education; expanding eligibility for the location equity revenue program; making technical changes to the calculation of location equity revenue and referendum revenue; amending Minnesota Statutes 2013 Supplement, sections 126C.10, subdivision 2e; 126C.17, subdivision 1.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2548, A bill for an act relating to transportation; airports; establishing a community environmental committee; amending Minnesota Statutes 2012, sections 473.614, by adding a subdivision; 473.621, subdivision 1b.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2549, A bill for an act relating to transportation; airports; requiring the commissioner of transportation and Metropolitan Airports Commission to plan airport development in collaboration with St. Cloud and Rochester airport boards.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2550, A bill for an act relating to transportation; airports; requiring completion of an environmental impact statement for the Minneapolis-St. Paul International Airport 2020 Improvements project.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6728

Anzelc, Norton, Mack, Schomacker and Kahn introduced:

 

H. F. No. 2551, A bill for an act relating to health; requiring a notice to be provided with certain mammogram results; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Lesch introduced:

 

H. F. No. 2552, A bill for an act relating to public safety; regulating the use of unmanned aerial vehicles by law enforcement; proposing coding for new law in Minnesota Statutes, chapter 626.

 

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

 

 

Lesch, Paymar and Winkler introduced:

 

H. F. No. 2553, A bill for an act relating to public safety; requiring law enforcement to secure a search warrant in order to receive electronic device location information; amending Minnesota Statutes 2012, section 626A.28, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 626A.

 

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

 

 

Kahn introduced:

 

H. F. No. 2554, A bill for an act relating to retirement; modifying the Public Employees Retirement Association police and fire plan; former Minneapolis Police and Firefighters Relief Association; amending Minnesota Statutes 2012, sections 353.6511, subdivision 7; 353.6512, subdivision 7.

 

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

 

 

Radinovich; Erickson, R.; Ward, J.E.; Anzelc and McNamar introduced:

 

H. F. No. 2555, A bill for an act relating to education finance; taxes; allocating a portion of the state general tax on seasonal residential recreational property to school districts; amending Minnesota Statutes 2012, sections 275.025, by adding a subdivision; 276.112.

 

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

 

 

Newton; Murphy, M., and Hausman introduced:

 

H. F. No. 2556, A bill for an act relating to veterans; veterans housing and long-term care; providing exemptions for certain moratoriums on new residential facilities; providing grants for housing needs assessments for veterans; appropriating money; amending Minnesota Statutes 2012, section 256I.04, subdivision 3; Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6729

Newton; Murphy, M., and Hausman introduced:

 

H. F. No. 2557, A bill for an act relating to veterans; modifying certain county veterans service officer duties; modifying certain duties of the commissioner of veterans affairs related to federal funding; modifying eligibility for the veterans homes; requiring a report; amending Minnesota Statutes 2012, sections 197.603, subdivision 1; 198.003, subdivision 4a; 198.01; repealing Minnesota Statutes 2012, section 196.30.

 

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

 

 

Mullery introduced:

 

H. F. No. 2558, A bill for an act relating to education finance; increasing funding for the early learning scholarship program; extending neighborhood achievement zone services; fully funding the basic sliding fee child care assistance program; modifying provider reimbursement rates; expanding the home visiting program; appropriating money; amending Minnesota Statutes 2012, sections 119B.02, subdivisions 1, 2; 119B.03, subdivision 9; 119B.035, subdivisions 1, 4; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 4a; 119B.231, subdivision 5; 256.017, subdivision 9; Minnesota Statutes 2013 Supplement, sections 119B.011, subdivision 19b; 119B.05, subdivision 1; 124D.165; Laws 2013, chapter 116, article 8, section 5, subdivision 8; repealing Minnesota Statutes 2012, sections 119B.011, subdivision 20a; 119B.03, subdivisions 1, 2, 5, 6, 6a, 6b, 8; 119B.09, subdivision 3; Minnesota Statutes 2013 Supplement, section 119B.03, subdivision 4; Minnesota Rules, parts 3400.0020, subpart 8; 3400.0030; 3400.0060, subparts 2, 4, 6, 6a, 7.

 

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

 

 

Lesch introduced:

 

H. F. No. 2559, A bill for an act relating to liquor; allowing taprooms to be open on Sunday; amending Minnesota Statutes 2013 Supplement, section 340A.301, subdivision 6b.

 

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

 

 

Zerwas and Halverson introduced:

 

H. F. No. 2560, A bill for an act relating to health; exempting home health care agencies from health care information system requirements; amending Minnesota Statutes 2012, section 62J.498, subdivision 1.

 

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

 

 

Zerwas and Halverson introduced:

 

H. F. No. 2561, A bill for an act relating to human services; directing the commissioner of human services to study medical assistance spenddown collection options; requiring a report.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6730

Hortman introduced:

 

H. F. No. 2562, A bill for an act relating to public safety; establishing a working group to study and make recommendations on how to address mentally ill offenders who are arrested or subject to arrest; requiring a report.

 

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

 

 

Hortman introduced:

 

H. F. No. 2563, A bill for an act relating to education; modifying certain compulsory instruction provisions; amending Minnesota Statutes 2013 Supplement, sections 120A.22, subdivisions 5, 11; 120A.24, subdivision 1.

 

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

 

 

Hornstein; Wagenius; Slocum; Nelson; Mullery; Selcer; Davnie; Carlson; Dehn, R.; Erhardt; Kahn; Moran; Winkler; Clark and Hansen introduced:

 

H. F. No. 2564, A bill for an act relating to solid waste; establishing statewide source reduction goal; expanding definition of recycling; requiring recycling in certain sports facilities and commercial buildings; amending county recycling goals in metropolitan area; appropriating money; amending Minnesota Statutes 2012, sections 115A.151; 115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 297H.13, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2012, sections 115A.551, subdivision 2; 297H.13, subdivision 2.

 

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

 

 

Newton introduced:

 

H. F. No. 2565, A bill for an act relating to education; capital investment; appropriating money for the library accessibility and improvement grants program; establishing the Books 4 Bricks program; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2012, section 134.45; proposing coding for new law in Minnesota Statutes, chapter 134.

 

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

 

 

Mahoney and Nelson introduced:

 

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

 

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

 

 

Hansen and Drazkowski introduced:

 

H. F. No. 2567, A bill for an act relating to campaign finance; modifying the definition of noncampaign disbursement; amending Minnesota Statutes 2012, section 10A.01, subdivision 26.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6731

Sawatzky introduced:

 

H. F. No. 2568, A bill for an act relating to education; reducing paperwork burdens by creating a unified online system for collecting and reporting required special education due process data and thereby increasing opportunities for special education educators to focus on teaching students; amending Minnesota Statutes 2012, section 125A.08; Laws 2013, chapter 116, article 5, section 31, subdivision 8.

 

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

 

 

Sawatzky, Simonson, Isaacson, Newton and Ward, J.A., introduced:

 

H. F. No. 2569, A bill for an act relating to education; adopting the interstate compact on educational opportunity for military children; requiring a military-connected youth identifier; amending Minnesota Statutes 2012, section 127A.70, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127A.

 

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

 

 

Mariani introduced:

 

H. F. No. 2570, A bill for an act relating to education; establishing alternative compensation preparation revenue; increasing funding for certain districts and charter schools engaged in teacher development, evaluation, and peer coaching; appropriating money; amending Minnesota Statutes 2012, sections 122A.413, subdivisions 1, 2; 122A.414, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

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

 

 

Hansen; Torkelson; Falk; Anderson, P., and McNamar introduced:

 

H. F. No. 2571, A bill for an act relating to water; modifying drainage system provisions; amending Minnesota Statutes 2012, sections 103E.015, subdivisions 1, 2, by adding a subdivision; 103E.091, subdivision 1; 103E.245, subdivisions 1, 2, 4; 103E.255; 103E.261, subdivisions 4, 5; 103E.285, subdivision 10; 103E.301; 103E.341, subdivision 1; 103E.501, subdivision 4.

 

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

 

 

Hoppe; Anderson, S.; Loon; Sanders; Peppin; Atkins; Schoen and Zerwas introduced:

 

H. F. No. 2572, A bill for an act relating to commerce; consumer protection; modifying biodiesel content requirements and related regulations; eliminating a sunset; amending Minnesota Statutes 2012, section 239.77, subdivisions 2, 3.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6732

Persell introduced:

 

H. F. No. 2573, A bill for an act relating to game and fish; allowing persons over age 60 to hunt with crossbow; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

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

 

 

Slocum introduced:

 

H. F. No. 2574, A bill for an act relating to public safety; modifying and clarifying predatory offender registration requirements; clarifying sentence for crime of criminal sexual conduct in the third degree; amending Minnesota Statutes 2012, section 609.344, subdivisions 1, 2; Minnesota Statutes 2013 Supplement, section 243.166, subdivisions 1b, 3a, 4, 6.

 

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

 

 

Slocum, Radinovich and Ward, J.A., introduced:

 

H. F. No. 2575, A bill for an act relating to teachers; limiting placement of practice or student teachers; amending Minnesota Statutes 2012, section 122A.69.

 

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

 

 

Melin; Hilstrom; Hertaus; Lesch; Dehn, R., and FitzSimmons introduced:

 

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

 

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

 

 

Atkins and Hoppe introduced:

 

H. F. No. 2577, A bill for an act relating to liquor; repealing obsolete provision relating to citation of the Liquor Act; repealing Minnesota Statutes 2012, section 340A.901.

 

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

 

 

Lenczewski introduced:

 

H. F. No. 2578, A bill for an act relating to taxation; removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2;


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6733

84A.31, subdivision 2; 115B.49, subdivision 4; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.52, subdivision 2; 272.01, subdivisions 1, 3; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivision 6; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.18; 274.01, subdivisions 1, 2; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 279.03; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.25, subdivision 1; 290.01, subdivisions 5, 19f, 29; 290.015, subdivision 1; 290.07, subdivisions 1, 2; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 297A.70, subdivision 10; 297A.94; 297B.09; 297F.03, subdivision 2; 297I.05, subdivision 14; 412.131; 469.176, subdivisions 1b, 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 273.032; 273.13, subdivision 23; 273.1325, subdivision 2; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 290.01, subdivision 19d; 290.0921, subdivision 3; 290.191, subdivision 5; 297A.61, subdivision 3; 297A.68, subdivision 5; 297A.75, subdivisions 1, 2, 3; 423A.022, subdivision 3; 469.1763, subdivision 2; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.131; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.1115; 273.1383; 273.1386; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.33; 290C.02, subdivisions 5, 9; 290C.06; 291.41; 291.42; 291.43; 291.44; 291.45; 291.46; 291.47; 295.52, subdivision 7; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 10, 17, 18, 20, 32; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, section 469.340, subdivision 4; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5.

 

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

 

 

Hertaus introduced:

 

H. F. No. 2579, A bill for an act relating to liquor; modifying off-sale intoxicating liquor sales; amending Minnesota Statutes 2012, section 340A.504, subdivision 4.

 

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

 

 

Hertaus and Howe introduced:

 

H. F. No. 2580, A bill for an act relating to taxation; tax increment financing; extending the five-year rule for the Mound Harbor Tax Increment Financing District.

 

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

 

 

Hertaus, Liebling, Howe, Newton, Newberger, Persell and Dettmer introduced:

 

H. F. No. 2581, A bill for an act relating to health; authorizing licensed dentists to administer influenza vaccinations; providing for liability insurance coverage and insurance reimbursement; proposing coding for new law in Minnesota Statutes, chapter 150A.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6734

Lesch, Runbeck, Mahoney and Hilstrom introduced:

 

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

 

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

 

 

Mullery introduced:

 

H. F. No. 2583, A bill for an act relating to education; creating a 21st century skills development pilot project; appropriating money.

 

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

 

 

Clark, Poppe and Wagenius introduced:

 

H. F. No. 2584, A bill for an act relating to food safety; providing a definition of farmers' market; permitting food product sampling and demonstration in certain circumstances; amending Minnesota Statutes 2012, sections 28A.03, by adding subdivisions; 28A.15, by adding a subdivision; 157.15, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 28A.

 

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

 

 

Norton and Liebling introduced:

 

H. F. No. 2585, A bill for an act relating to education finance; adjusting the location equity regional definition; amending Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2e.

 

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

 

 

Ward, J.E., introduced:

 

H. F. No. 2586, A bill for an act relating to economic development; modifying the administrative expenses for the Minnesota investment fund; amending Laws 2013, chapter 85, article 1, section 3, subdivision 2.

 

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

 

 

Radinovich, Selcer, Garofalo, Morgan and Woodard introduced:

 

H. F. No. 2587, A bill for an act relating to education; providing for information technology certifications through public-private partnership; appropriating money.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6735

Zerwas, Peppin and Daudt introduced:

 

H. F. No. 2588, A bill for an act relating to education finance; modifying definition of equity region; amending Minnesota Statutes 2012, section 126C.10, subdivision 28.

 

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

 

 

Urdahl; Marquart; Mariani; Erickson, S., and Woodard introduced:

 

H. F. No. 2589, A bill for an act relating to education; establishing a school year-long student teaching pilot program; appropriating money.

 

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

 

 

Loon and FitzSimmons introduced:

 

H. F. No. 2590, A bill for an act relating to liquor; authorizing municipalities to allow off-sales on Sundays; amending Minnesota Statutes 2012, section 340A.504, subdivision 4.

 

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

 

 

Hansen; Lillie; Runbeck; Drazkowski; Anzelc; Schoen; Johnson, S.; Fabian; McNamara; Bly; Falk and Metsa introduced:

 

H. F. No. 2591, A bill for an act relating to transportation; establishing a state parks and trails license plate; creating an account; appropriating money; amending Minnesota Statutes 2012, section 85.053, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 85; 168.

 

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

 

 

Anderson, M., introduced:

 

H. F. No. 2592, A bill for an act relating to liquor; authorizing the refill of a growler; amending Minnesota Statutes 2013 Supplement, section 340A.301, subdivision 6d.

 

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

 

 

Nornes introduced:

 

H. F. No. 2593, A bill for an act relating to transportation; motor vehicles; eliminating sunset of mini truck operation authority and regulations; amending Laws 2009, chapter 158, section 10, as amended.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6736

Woodard; Erickson, S., and Barrett introduced:

 

H. F. No. 2594, A bill for an act relating to education; modifying certain assessment reporting requirements; amending Minnesota Statutes 2012, section 120B.31, by adding a subdivision.

 

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

 

 

Johnson, B., introduced:

 

H. F. No. 2595, A bill for an act relating to public safety; creating the crime of arson resulting in bodily harm; amending Minnesota Statutes 2013 Supplement, section 609.5641, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Torkelson and Anderson, P., introduced:

 

H. F. No. 2596, A bill for an act relating to taxation; estate and gift; repealing the gift tax; amending Minnesota Statutes 2013 Supplement, sections 270B.01, subdivision 8; 270B.03, subdivision 1; 291.005, subdivision 1; 291.03, subdivision 1; repealing Minnesota Statutes 2013 Supplement, sections 292.16; 292.17; 292.18; 292.19; 292.20; 292.21.

 

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

 

 

Murphy, M., introduced:

 

H. F. No. 2597, A bill for an act relating to retirement; making technical changes to amortization state aid and supplemental state aid; amending Minnesota Statutes 2013 Supplement, sections 423A.02, subdivision 3; 423A.022, subdivisions 2, 3.

 

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

 

 

Halverson, Yarusso, Atkins, Sanders and Davids introduced:

 

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

 

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

 

 

Loeffler and Liebling introduced:

 

H. F. No. 2599, A bill for an act relating to human services; modifying the effective date of the MFIP housing assistance grant; amending Minnesota Statutes 2013 Supplement, section 256J.35.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6737

Simonson; Norton; Faust; Anzelc; Erickson, R.; McNamar; Lien and Sawatzky introduced:

 

H. F. No. 2600, A bill for an act relating to telecommunications; providing authority for broadband infrastructure development and bonding; authorizing the state to guarantee debt of local units of government incurred for broadband infrastructure development; authorizing local units of government to establish certain entities to deliver broadband services; abolishing limits on contributions to regional or local organizations by cities or towns; requiring a report; amending Minnesota Statutes 2012, sections 446A.086, subdivision 1; 469.191; Minnesota Statutes 2013 Supplement, section 275.066; proposing coding for new law in Minnesota Statutes, chapter 237; repealing Minnesota Statutes 2012, section 237.19.

 

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

 

 

Simonson introduced:

 

H. F. No. 2601, A bill for an act relating to telecommunications; broadband; appropriating money from the general fund to stimulate broadband infrastructure development; requiring a study.

 

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

 

 

Mullery introduced:

 

H. F. No. 2602, A bill for an act relating to crime; clarifying the crime of failure to pay court-ordered child support; amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.

 

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

 

 

Hortman introduced:

 

H. F. No. 2603, A bill for an act relating to energy; appropriating money for the weatherization assistance program.

 

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

 

 

Murphy, M., by request, introduced:

 

H. F. No. 2604, A bill for an act relating to human services; modifying coverage in the correctional employee retirement plan for certain state employees employed by the state-operated forensic services program; allowing certain employees of the Minnesota Specialty Health System-Cambridge to remain in the correctional employee retirement plan; amending Minnesota Statutes 2012, sections 352.90; 352.91, subdivisions 1, 2, 3c, 3d, 3e, 3f, by adding a subdivision.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6738

Mahoney, Paymar and Zerwas introduced:

 

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

 

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

 

 

Davnie, Davids and Anderson, S., introduced:

 

H. F. No. 2606, A bill for an act relating to bonds; modifying requirements relating to certain bonds issued by the state agricultural society; repealing Minnesota Statutes 2012, section 37.31, subdivisions 7, 8.

 

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

 

 

Swedzinski, Davids, Fischer, Torkelson and Lien introduced:

 

H. F. No. 2607, A bill for an act relating to motor vehicle sales taxation; expanding an exemption for certain motor vehicle purchases; amending Minnesota Statutes 2012, section 297B.03.

 

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

 

 

Franson, Lohmer and Benson, M., introduced:

 

H. F. No. 2608, A bill for an act relating to collective bargaining; repealing the authorization for collective bargaining among family child care providers; repealing Laws 2013, chapter 128, article 1, sections 1; 2; 3; 4; 5; 6; 7.

 

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

 

 

Dean, M., introduced:

 

H. F. No. 2609, A bill for an act relating to health insurance; prohibiting any appropriation from the health care access fund to MNsure other than for specified purposes; amending Minnesota Statutes 2012, section 16A.724, subdivision 4.

 

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

 

 

Hoppe introduced:

 

H. F. No. 2610, A bill for an act relating to liquor; modifying regulations relating to sampling of malt liquor; amending Minnesota Statutes 2012, section 340A.510, subdivision 2.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6739

Simon, Winkler, Dorholt, Radinovich and Davnie introduced:

 

H. F. No. 2611, A bill for an act relating to state government; appropriating money for a grant for open government, civic technology, and open data.

 

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

 

 

Laine introduced:

 

H. F. No. 2612, A bill for an act relating to civil actions; statutory housing warranties; allowing recovery of attorney fees by a prevailing vendor or owner for breaches; amending Minnesota Statutes 2012, section 327A.05.

 

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

 

 

Nelson, Freiberg, Carlson, Winkler, Kahn and Hilstrom introduced:

 

H. F. No. 2613, A bill for an act relating to Hennepin County; modifying the multijurisdictional reinvestment program; amending Minnesota Statutes 2012, section 383B.79, subdivisions 1, 5.

 

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

 

 

Mullery and Clark introduced:

 

H. F. No. 2614, A bill for an act relating to environment; requiring development of an environmental justice policy by the Pollution Control Agency; proposing coding for new law in Minnesota Statutes, chapter 116B.

 

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

 

 

Simonson; Hamilton; Nornes; Johnson, C.; Savick; McNamar; Sawatzky; Norton; Faust; Anzelc; Lien and Erickson, R., introduced:

 

H. F. No. 2615, A bill for an act relating to telecommunications; broadband; establishing a program to award grants for the expansion of broadband service to underserved areas; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

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

 

 

Fischer, Uglem, Isaacson and Ward, J.A., introduced:

 

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

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6740

Nelson introduced:

 

H. F. No. 2617, A bill for an act relating to state government; making technical changes; renumbering sections; eliminating or modernizing antiquated, unnecessary, and obsolete language; updating existing provisions; amending Minnesota Statutes 2012, sections 3.225, subdivision 2; 14.46, subdivision 4; 16A.126, subdivision 1; 16B.01, subdivision 6; 16B.04, subdivisions 2, 4; 16B.48, subdivision 2; 16C.02, as amended; 16C.03; 16C.04, subdivision 2; 16C.05; 16C.055, subdivision 2; 16C.06, as amended; 16C.08; 16C.10, as amended; 16C.144, subdivision 5; 16C.25; 16C.26, subdivision 3; 16C.28; 161.3206; 469.101, subdivision 5a; 471.345, subdivision 16; Minnesota Statutes 2013 Supplement, section 16C.09; proposing coding for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes 2012, sections 16B.01, subdivisions 4, 5; 16B.24, subdivision 7; 16B.295; 16B.47; 16B.93, subdivisions 1, 2, 3, 4, 5, 6, 7; 16B.94, subdivisions 1, 2, 3, 4; 16B.95, subdivisions 1, 2; 16B.96; 16C.03, subdivision 19; 16C.085; 16C.16, subdivision 9; 16C.22; 16C.24; 16C.27, subdivisions 1, 2, 3; 16C.32, subdivision 3.

 

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

 

 

Allen and Fritz introduced:

 

H. F. No. 2618, A bill for an act relating to civil law; modifying certain exceptions to liability; amending Minnesota Statutes 2012, section 466.03, by adding a subdivision.

 

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

 

 

Bly and Hansen introduced:

 

H. F. No. 2619, A bill for an act relating to agriculture finance; appropriating money for the Forever Green Agriculture Initiative at the University of Minnesota.

 

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

 

 

Bly, McNamar, Falk, Franson and Hansen introduced:

 

H. F. No. 2620, A bill for an act relating to agriculture; establishing an educating tomorrow's sustainable food producers pilot program; requiring a report; appropriating money.

 

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

 

 

Freiberg introduced:

 

H. F. No. 2621, A bill for an act relating to public beaches; requiring lifeguards at public beaches to have certain minimum training; proposing coding for new law in Minnesota Statutes, chapters 86B; 471.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6741

Hansen introduced:

 

H. F. No. 2622, A bill for an act relating to clean water; abolishing the privatization of water or wastewater treatment law; amending Minnesota Statutes 2012, sections 116.18, subdivision 3b; 469.153, subdivision 2; repealing Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision 2; 272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09; 471A.10; 471A.11; 471A.12.

 

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

 

 

Johnson, B.; Gunther; Davids and Scott introduced:

 

H. F. No. 2623, A bill for an act relating to state government; limiting a state agency from bringing a court action against another state agency; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 15.

 

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

 

 

Johnson, B., introduced:

 

H. F. No. 2624, A bill for an act relating to state government; requiring transfer of property at the Department of Human Services' Cambridge campus to Anoka-Ramsey Community College; appropriating money.

 

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

 

 

Runbeck, Beard and Loon introduced:

 

H. F. No. 2625, A bill for an act relating to transportation; mass transit; amending municipal consent process for certain light rail transit projects; amending Minnesota Statutes 2012, sections 473.399, subdivision 1; 473.3994, subdivisions 3, 4, 5, by adding a subdivision.

 

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

 

 

Johnson, B., introduced:

 

H. F. No. 2626, A bill for an act relating to transportation; highways; modifying requirements for transfer of highways between counties and cities with a population of less than 5,000; amending Minnesota Statutes 2012, section 163.11, subdivisions 5a, 5b.

 

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

 

 

Drazkowski introduced:

 

H. F. No. 2627, A bill for an act relating to invasive species; modifying enforcement of the emerald ash borer quarantine for certified persons; creating a voluntary certification program; amending Minnesota Statutes 2012, section 18G.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 18G.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6742

Hansen and Erickson, R., introduced:

 

H. F. No. 2628, A bill for an act relating to natural resources; providing for weigh stations and rest areas to be used as watercraft decontamination sites.

 

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

 

 

Metsa, Melin, Anzelc, Radinovich, Davnie and Isaacson introduced:

 

H. F. No. 2629, A bill for an act relating to education finance; taxation; minerals; encouraging cooperatively authorized secondary programs; expanding cooperation aid; imposing an excise tax on royalties; allowing an income and corporate franchise tax credit; increasing the taconite production tax rate; modifying the distribution of production taxes; providing security for payment of certain school bonds; authorizing uses of the Douglas J. Johnson economic protection trust fund; establishing a trust account to finance school facilities on the Iron Range; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 123A.442, by adding a subdivision; 123A.485; 123A.64; 290.01, by adding a subdivision; 290.06, by adding a subdivision; 290.62; 290.923, by adding a subdivision; 298.28, subdivision 11, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 123B.53, subdivision 1; 126C.48, subdivision 8; 290.10, subdivision 1; 298.292, subdivision 2; Laws 2013, chapter 116, article 1, section 58, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 123A; 290; 298; repealing Minnesota Statutes 2012, section 290.923, subdivision 1.

 

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

 

 

Wills; Erickson, S.; O'Neill; Franson; Schomacker; Hertaus and Loon introduced:

 

H. F. No. 2630, A bill for an act relating to education finance; providing for nutrition policy; appropriating money; amending Minnesota Statutes 2012, section 124D.111, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 124D.111, subdivision 1; Laws 2013, chapter 116, article 7, section 21, subdivision 2.

 

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

 

 

Drazkowski introduced:

 

H. F. No. 2631, A bill for an act relating to natural resources; prohibiting Department of Natural Resources' pilots from flying close to hunters, trappers, or anglers; establishing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 97A.

 

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

 

 

Marquart introduced:

 

H. F. No. 2632, A bill for an act relating to the city of Detroit Lakes; extending the time for approval of tax increment financing districts under a special law; amending Laws 2006, chapter 259, article 10, section 13, subdivision 4.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6743

Norton, Simonson, Gunther, Gruenhagen, Savick, Nornes, McNamar, Faust, Lien and Erickson, R., introduced:

 

H. F. No. 2633, A bill for an act relating to taxation; income and franchise; establishing a greater Minnesota angel investment credit; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116J; 290.

 

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

 

 

Norton introduced:

 

H. F. No. 2634, A bill for an act relating to taxation; income and franchise; establishing a greater Minnesota angel investment credit; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116J; 290.

 

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

 

 

Schoen and McNamara introduced:

 

H. F. No. 2635, A bill for an act relating to capital investment; appropriating money for the Red Rock Corridor transit way; authorizing the sale and issuance of state bonds.

 

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

 

 

McNamara and Schoen introduced:

 

H. F. No. 2636, A bill for an act relating to capital investment; appropriating money for connection of the Dakota and Washington County regional trail systems at the site of the new Hastings Bridge; authorizing the sale and issuance of state bonds.

 

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

 

 

Dehn, R.; Hornstein and Mullery introduced:

 

H. F. No. 2637, A bill for an act relating to capital investment; appropriating money for infrastructure improvements along Penn Avenue in Minneapolis; authorizing the sale and issuance of state bonds.

 

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

 

 

Melin, Radinovich, Marquart, Mahoney and Laine introduced:

 

H. F. No. 2638, A bill for an act relating to capital investment; appropriating money to construct and rehabilitate early childhood learning and child protection facilities; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6744

Dill introduced:

 

H. F. No. 2639, A bill for an act relating to capital investments; appropriating money for the Koochiching renewable energy clean air project; authorizing the sale and issuance of state bonds.

 

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

 

 

Erickson, R.; Persell; Wagenius; Hansen; Faust; Sundin; Metsa; Ward, J.E.; Radinovich; Murphy, M., and Falk introduced:

 

H. F. No. 2640, A bill for an act relating to natural resources; appropriating money for a native seed processing complex; authorizing the sale and issuance of state bonds.

 

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

 

 

Franson; Nornes; Anderson, P., and McNamar introduced:

 

H. F. No. 2641, A bill for an act relating to capital investment; appropriating money for acquisition and redevelopment of the Jefferson High School site in Alexandria; authorizing the sale and issuance of state bonds.

 

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

 

 

Marquart and Lien introduced:

 

H. F. No. 2642, A bill for an act relating to capital investment; appropriating money for the Heartland Trail extension from Detroit Lakes to Hawley; authorizing the sale and issuance of state bonds.

 

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

 

 

Wagenius, Slocum, Gunther and Lenczewski introduced:

 

H. F. No. 2643, A bill for an act relating to capital investment; appropriating money for renovation of the Administration Building at the Fort Snelling Upper Post; authorizing the sale and issuance of state bonds.

 

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

 

 

Wills, Atkins and Beard introduced:

 

H. F. No. 2644, A bill for an act relating to capital investment; appropriating money for the Mississippi River Regional Trail; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6745

Davnie; Davids; Dehn, R., and Marquart introduced:

 

H. F. No. 2645, A bill for an act relating to capital investment; appropriating money for early childhood education facilities in Minneapolis; authorizing the sale and issuance of state bonds.

 

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

 

 

Anderson, S.; Anzelc and Fabian introduced:

 

H. F. No. 2646, A bill for an act relating to taxation; sales and use; repealing certain business-to-business taxes; reinstating the telecommunications exemption; appropriating money; amending Minnesota Statutes 2012, section 297A.68, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 3.

 

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

 

 

Pelowski introduced:

 

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

 

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

 

 

Kiel; Fabian; Uglem; Nornes; Erickson, R., and McNamar introduced:

 

H. F. No. 2648, A bill for an act relating to education finance; including compliance with EPA rules for school generators as an eligible use of health and safety revenue; amending Minnesota Statutes 2012, section 123B.57, subdivision 6.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6746

Schoen introduced:

 

H. F. No. 2649, A bill for an act relating to human services; modifying provisions relating to continuing care; making changes to requirements for personal care assistants and designation of a common entry point; modifying a provider rate increase; making technical changes; amending Minnesota Statutes 2012, sections 256B.0659, subdivisions 11, 28; 256B.493, subdivision 1; 256D.01, subdivision 1e; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivision 2a; Minnesota Statutes 2013 Supplement, sections 256B.4912, subdivision 10; 256B.492; 626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 60.

 

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

 

 

Norton; Gunther; Newton; Ward, J.E., and Clark introduced:

 

H. F. No. 2650, A bill for an act relating to employment; appropriating money for grants to the Minnesota Centers for Independent Living.

 

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

 

 

Melin and Anzelc introduced:

 

H. F. No. 2651, A bill for an act relating to game and fish; allowing legally taken deer to be used in a contest in conjunction with a raffle; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

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

 

 

Huntley, Zerwas, Morgan, Abeler, Schoen, Moran, Mack and Ward, J.A., introduced:

 

H. F. No. 2652, A bill for an act relating to health care; modifying provisions related to physician assistants; amending Minnesota Statutes 2012, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivision 1; 256B.0625, subdivision 28a; repealing Minnesota Statutes 2012, sections 147A.01, subdivision 5; 147A.20, subdivision 2.

 

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

 

 

Fischer introduced:

 

H. F. No. 2653, A bill for an act relating to environment; addressing expiration and elimination of certain advisory groups; modifying certain rulemaking requirements; modifying tank fee submission deadline; amending Minnesota Statutes 2012, sections 115.44, subdivision 7; 115.551; 115.741, by adding a subdivision; 116.07, subdivision 2; 116.99, subdivision 1.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6747

Cornish, Paymar and Schoen introduced:

 

H. F. No. 2654, A bill for an act relating to public safety; eliminating part-time peace officer licensure; amending Minnesota Statutes 2012, section 626.8468, subdivision 1; repealing Minnesota Statutes 2012, sections 626.8462; 626.8464; 626.8465, subdivision 3; 626.8468, subdivision 2; Minnesota Rules, part 6700.1101, subparts 5, 6.

 

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

 

 

Huntley introduced:

 

H. F. No. 2655, A bill for an act relating to human services; modifying appropriations to the commissioner of human services for grant programs; amending Laws 2013, chapter 108, article 14, section 2, subdivision 6.

 

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

 

 

Huntley introduced:

 

H. F. No. 2656, A bill for an act relating to health; modifying the use of the all-payer claims data; convening a work group to make recommendations on expanded uses of the all-payer claims database; amending Minnesota Statutes 2012, section 62U.04, subdivisions 2, 3, 3b, 3c, 3d, 4, 5, by adding subdivisions; repealing Minnesota Statutes 2012, section 62U.04, subdivision 7.

 

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

 

 

Davnie, Carlson, Sundin and Erhardt introduced:

 

H. F. No. 2657, A bill for an act relating to taxation; modifying the procedures for revocation of professional and occupational licenses for nonpayment of taxes; amending Minnesota Statutes 2012, section 270C.72, subdivisions 1, 3.

 

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

 

 

Mahoney and Kieffer introduced:

 

H. F. No. 2658, A bill for an act relating to workers' compensation; adopting the recommendations of the Workers' Compensation Advisory Council; amending Minnesota Statutes 2012, sections 176.129, subdivisions 2a, 7; 176.135, subdivision 7; 176.136, subdivision 1a; 176.231, subdivision 2; 176.305, subdivision 1a; Minnesota Statutes 2013 Supplement, section 176.011, subdivision 15; repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08; 175.14; 175.26; 176.1311; 176.136, subdivision 3; 176.2615; 176.641.

 

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

 

 

Slocum; Atkins; Hoppe; Dehn, R.; Johnson, S.; Lillie; Woodard; Swedzinski and Sundin introduced:

 

H. F. No. 2659, A bill for an act relating to state government; exempting a person who performs threading from licensing; authorizing the good cause exemption for rulemaking; amending Minnesota Statutes 2012, sections 155A.23, by adding a subdivision; 155A.27, subdivision 9; 155A.29, by adding a subdivision.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6748

Hortman and Scott introduced:

 

H. F. No. 2660, A bill for an act relating to courts; amending partial payment or reimbursement of costs from a party proceeding in forma pauperis; amending Minnesota Statutes 2012, section 563.01, subdivision 3, by adding a subdivision.

 

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

 

 

Newton and Dettmer introduced:

 

H. F. No. 2661, A bill for an act relating to veterans; providing a grant for the Minnesota Humanities Center Veterans' Voices; appropriating money.

 

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

 

 

Simon introduced:

 

H. F. No. 2662, A bill for an act relating to campaign finance; requiring notice and consent for certain political activities by corporations; providing penalties; amending Minnesota Statutes 2012, section 211B.15, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 10A; 211B.

 

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

 

 

Nelson introduced:

 

H. F. No. 2663, A bill for an act relating to metropolitan government; repealing obsolete provisions governing the Metropolitan Council; making certain conforming technical changes; amending Minnesota Statutes 2012, sections 473.123, subdivision 4; 473.125; 473.129, subdivisions 6, 12; 473.173, subdivision 2; 473.181, subdivision 2; 473.254, subdivisions 3a, 4, 5; 473.315, subdivision 1; 473.375, subdivision 11; 473.39, subdivision 1e; 473.391, subdivision 1; 473.405, subdivision 5; 473.42; 473.504, subdivisions 5, 11; 473.858, subdivision 1; 473.859, subdivision 6; 473.861, subdivision 2; 473.862, subdivision 2; repealing Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c; 473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2; 473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392; 473.516, subdivision 5; 473.523, subdivision 2; 473.535; 473.852, subdivision 11; Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9.

 

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

 

 

Nelson introduced:

 

H. F. No. 2664, A bill for an act relating to state government; eliminating or modernizing antiquated, unnecessary, and obsolete language; amending Minnesota Statutes 2012, sections 16E.01, as amended; 16E.03, subdivision 2; 16E.035; 16E.05, subdivision 1; Minnesota Statutes 2013 Supplement, sections 16E.04, subdivision 2; 16E.18, subdivision 8; repealing Minnesota Statutes 2012, sections 16E.02, subdivisions 2, 3; 16E.03, subdivision 8; 16E.0475.

 

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


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Nelson and Newton introduced:

 

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

 

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

 

 

Garofalo introduced:

 

H. F. No. 2666, A bill for an act relating to energy; utilities; providing an exception to certificate of need requirements for certain electric generation facilities; amending Minnesota Statutes 2012, section 216B.243, subdivision 8.

 

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

 

 

Howe introduced:

 

H. F. No. 2667, A bill for an act relating to transportation; amending eligibility requirements for grants under the safe routes to school program; amending Minnesota Statutes 2012, section 174.40, subdivision 6.

 

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

 

 

Hilstrom and Drazkowski introduced:

 

H. F. No. 2668, A bill for an act relating to courts; providing that petitioners in errors and omissions petitions shall also serve the petition on all candidates for the office in which the error or omission is alleged; eliminating requirements that court seal be a raised seal; removing requirements for notarial act on pleadings and affidavits filed with the court in all cases; providing that court documents are signed under penalty of perjury; permitting alternative service in certain probate matters; requiring applicants in structured settlement transfer action to provide the court with information; providing that a request for a hearing in response to a temporary restraining order must be made within 20 days after the temporary restraining order is served; permitting application of fine payment to restitution before application to court fines; amending Minnesota Statutes 2012, sections 204B.44; 358.03; 359.01, subdivision 5; 524.1-401; 524.5-113; 549.32, subdivision 2; 600.13; 609.48, subdivision 1; 609.748, subdivision 3; 611A.04, subdivision 4; 645.44, subdivisions 10, 14; proposing coding for new law in Minnesota Statutes, chapter 358.

 

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

 

 

Ward, J.E., and Radinovich introduced:

 

H. F. No. 2669, A bill for an act relating to taxation; local sales and use; extending the local sales and use taxes in the cities of Baxter and Brainerd; amending Laws 2006, chapter 259, article 3, sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6750

Dehn, R.; Gunther; Atkins; Dean, M.; Radinovich and Winkler introduced:

 

H. F. No. 2670, A bill for an act relating to occupations; modifying licensing provisions for architecture, engineering, land surveying, landscape architecture, geoscience, and interior design professions; amending Minnesota Statutes 2012, sections 326.02, subdivisions 3, 4; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.107, subdivisions 1, 2, 7; 326.111, subdivision 3; 326.12, subdivision 2; repealing Minnesota Statutes 2012, section 326.107, subdivision 5.

 

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

 

 

Sawatzky introduced:

 

H. F. No. 2671, A bill for an act relating to natural resources; appropriating money for Let's Go Fishing.

 

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

 

 

Norton; Dettmer; Mariani; Sundin; Erickson, R., and Freiberg introduced:

 

H. F. No. 2672, A bill for an act relating to education; directing commissioner of education to prepare report for the legislature on K-12 students' experience with physical education.

 

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

 

 

Selcer, Garofalo, Erhardt, Rosenthal and O'Neill introduced:

 

H. F. No. 2673, A bill for an act relating to taxation; sales and use; providing an exemption for certain digital audio works and digital audiovisual works; amending Minnesota Statutes 2012, section 297A.67, by adding a subdivision.

 

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

 

 

Mariani; Bly; Erickson, S.; Isaacson and Davnie introduced:

 

H. F. No. 2674, A bill for an act relating to education finance; increasing the annual program growth factor for the adult basic education program; appropriating money; amending Minnesota Statutes 2013 Supplement, section 124D.531, subdivision 1; Laws 2013, chapter 116, article 8, section 5, subdivision 14.

 

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

 

 

Davnie, Brynaert, Bly, Mariani and Erickson, S., introduced:

 

H. F. No. 2675, A bill for an act relating to education; establishing requirements for a standard adult high school diploma; amending Minnesota Statutes 2012, section 124D.52, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 124D.52, subdivision 8.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6751

Mullery introduced:

 

H. F. No. 2676, A bill for an act relating to employment; appropriating money for grants to encourage women to enter nontraditional careers.

 

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

 

 

Moran, Allen and Loeffler introduced:

 

H. F. No. 2677, A bill for an act relating to health; establishing a state-only MinnesotaCare program to cover uninsured Minnesotans who are ineligible for medical assistance, MinnesotaCare, or the MNsure insurance marketplace; amending Minnesota Statutes 2012, sections 256B.06, subdivision 5, by adding a subdivision; 256L.04, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 256L.

 

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

 

 

Fritz, Liebling, Newton, Huntley and Allen introduced:

 

H. F. No. 2678, A bill for an act relating to human services; modifying the effective date of the repeal of the MFIP family cap; amending Laws 2013, chapter 108, article 3, section 48.

 

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

 

 

Mariani, Davnie, Moran and Erickson, S., introduced:

 

H. F. No. 2679, A bill for an act relating to education finance; linking extended time revenue to the basic formula allowance; extending services for English language learners; increasing the safe schools levy; amending Minnesota Statutes 2012, section 124D.59, subdivision 2; Minnesota Statutes 2013 Supplement, sections 126C.10, subdivision 2a; 126C.44.

 

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

 

 

Isaacson, Allen, Rosenthal, Selcer and Dehn, R., introduced:

 

H. F. No. 2680, A bill for an act relating to game and fish; modifying wolf management provisions; providing limits on wolf baiting; providing for temporary suspension of wolf hunt; amending Minnesota Statutes 2012, sections 97B.646; 97B.647, subdivision 3, by adding a subdivision.

 

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

 

 

Selcer and Erhardt introduced:

 

H. F. No. 2681, A bill for an act relating to education; modifying school district review and comment requirements; amending Minnesota Statutes 2012, section 123B.71, subdivisions 8, 9; repealing Minnesota Statutes 2012, section 123B.71, subdivision 1.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6752

Nelson introduced:

 

H. F. No. 2682, A bill for an act relating to retirement; Minnesota State Retirement System, Public Employees Retirement Association, and Teachers Retirement Association; reorganizing and updating the membership inclusion and exclusion provisions; amending Minnesota Statutes 2012, sections 352.01, subdivision 2b; 354.05, subdivision 2; 354A.011, subdivision 27; Minnesota Statutes 2013 Supplement, sections 352.01, subdivision 2a; 353.01, subdivisions 2a, 2b.

 

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

 

 

Bly and Faust introduced:

 

H. F. No. 2683, A bill for an act relating to education; establishing response to intervention requirements; establishing a committee to review statewide testing; requiring rulemaking.

 

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

 

 

Norton introduced:

 

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

 

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

 

 

Franson introduced:

 

H. F. No. 2685, A bill for an act relating to public safety; amending the Minnesota Personal Protection Act to recognize the North Dakota permit to carry a pistol as being valid within Minnesota; amending Minnesota Statutes 2012, section 624.714, subdivision 16.

 

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

 

 

Franson and Gunther introduced:

 

H. F. No. 2686, A bill for an act relating to taxation; tobacco; rates of taxation; repealing changes to the cigarette and tobacco products excise tax enacted in the 2013 regular session.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 2687, A bill for an act relating to judiciary; authorizing monthly review of district judge dispositions for compliance with 90-day disposition requirement; amending Minnesota Statutes 2012, section 546.27, subdivision 2.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6753

Schoen introduced:

 

H. F. No. 2688, A bill for an act relating to education; providing for teacher-complaint data sharing; amending Minnesota Statutes 2012, section 122A.20, subdivision 2.

 

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

 

 

Simonson; Sawatzky; Hamilton; Nornes; Lien; Johnson, C.; McNamar and Franson introduced:

 

H. F. No. 2689, A bill for an act relating to local government aid; increasing the appropriation; amending Minnesota Statutes 2013 Supplement, sections 477A.013, subdivision 8; 477A.03, subdivision 2a.

 

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

 

 

Atkins, Davids, Hoppe, Hilstrom, Davnie and Hortman introduced:

 

H. F. No. 2690, A bill for an act relating to insurance; regulating conduct of an insurer in collision cases; amending Minnesota Statutes 2012, section 72B.092, subdivision 1.

 

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

 

 

Newton introduced:

 

H. F. No. 2691, A bill for an act relating to education; establishing a due date for an evaluation report of the early learning scholarships; amending Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5.

 

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

 

 

Dehn, R., introduced:

 

H. F. No. 2692, A bill for an act relating to insurance; authorizing the judicial declaration of the validity of a policy in certain circumstances; amending Minnesota Statutes 2012, section 60A.0789, subdivision 3.

 

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

 

 

Sawatzky; Ward, J.E.; Isaacson and Newton introduced:

 

H. F. No. 2693, A bill for an act relating to education; implementing recommendations of the 2014 Special Education Case Load and Rule Alignment Task Force; authorizing the commissioner of education to use expedited rulemaking to implement the rule recommendations of the task force; amending Minnesota Statutes 2012, sections 121A.582, subdivision 1; 125A.08; Minnesota Statutes 2013 Supplement, sections 125A.0942, subdivision 2; 626.556, subdivision 2.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6754

Lillie, Atkins and Hoppe introduced:

 

H. F. No. 2694, A bill for an act relating to commerce; modifying regulation of real estate brokers and salespersons; amending Minnesota Statutes 2012, sections 82.55, subdivisions 13, 15, 16, by adding subdivisions; 82.57, subdivisions 1, 3, 7; 82.58, subdivisions 2, 4; 82.59, subdivision 7; 82.61; 82.62, subdivisions 1, 3; 82.63, subdivisions 1, 3, 6, 10, 12; 82.64; 82.66, subdivision 2; 82.67, subdivision 3; 82.68, subdivision 3; 82.69; 82.70, subdivisions 1, 5; 82.71, subdivision 5; 82.72, subdivisions 2, 3; 82.73, subdivision 3; 82.735, subdivision 1; 82.75, subdivisions 1, 2, 5; 82.81, subdivisions 6, 9; Minnesota Statutes 2013 Supplement, sections 82.62, subdivision 7; 82.63, subdivision 8; repealing Minnesota Statutes 2012, section 82.55, subdivision 17.

 

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

 

 

Lillie, Atkins, Davids, Hoppe and Anderson, S., introduced:

 

H. F. No. 2695, A bill for an act relating to commerce; modifying requirements for Department of Commerce licensee education; amending Minnesota Statutes 2012, section 45.25, subdivisions 2a, 5a.

 

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

 

 

Brynaert, Anzelc, Hackbarth, Hertaus and Davnie introduced:

 

H. F. No. 2696, A bill for an act relating to education; appropriating money for equity in telecommunications access; amending Laws 2013, chapter 116, article 6, section 12, subdivision 5.

 

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

 

 

McNamar, Savick, Falk and Marquart introduced:

 

H. F. No. 2697, A bill for an act relating to taxation; property; providing for supplemental county program aid payments for 2014 only; appropriating money.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Abeler moved that his name be stricken as an author on H. F. No. 824.  The motion prevailed.

 

      Davnie moved that the name of Laine be added as an author on H. F. No. 826.  The motion prevailed.

 

      Hansen moved that the names of Metsa and Sundin be added as authors on H. F. No. 868.  The motion prevailed.

 

      Sundin moved that the name of Davids be added as an author on H. F. No. 952.  The motion prevailed.

 

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


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6755

           Isaacson moved that the name of Johnson, S., be added as an author on H. F. No. 1163.  The motion prevailed.

 

      Dorholt moved that the name of Davnie be added as an author on H. F. No. 1286.  The motion prevailed.

 

      Fritz moved that the name of Loeffler be added as an author on H. F. No. 1295.  The motion prevailed.

 

      Hansen moved that the name of Atkins be added as an author on H. F. No. 1408.  The motion prevailed.

 

      Dettmer moved that his name be stricken as an author on H. F. No. 1701.  The motion prevailed.

 

      Lenczewski moved that the name of Davids be added as an author on H. F. No. 1777.  The motion prevailed.

 

      Mullery moved that the name of Isaacson be added as an author on H. F. No. 1879.  The motion prevailed.

 

      Drazkowski moved that the name of McDonald be added as an author on H. F. No. 1915.  The motion prevailed.

 

      Newton moved that the names of Fischer and Lien be added as authors on H. F. No. 1925.  The motion prevailed.

 

      Atkins moved that the name of Davids be added as an author on H. F. No. 1927.  The motion prevailed.

 

      Zellers moved that the name of Barrett be added as an author on H. F. No. 1939.  The motion prevailed.

 

      Davids moved that the name of Barrett be added as an author on H. F. No. 1959.  The motion prevailed.

 

      Liebling moved that the name of Loeffler be added as an author on H. F. No. 1966.  The motion prevailed.

 

      Clark moved that the name of Loeffler be added as an author on H. F. No. 1972.  The motion prevailed.

 

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

 

      Fritz moved that the name of Metsa be added as an author on H. F. No. 1993.  The motion prevailed.

 

      Fabian moved that the name of Metsa be added as an author on H. F. No. 2007.  The motion prevailed.

 

      Benson, J., moved that the name of Winkler be added as an author on H. F. No. 2033.  The motion prevailed.

 

      Simon moved that the name of Loeffler be added as an author on H. F. No. 2096.  The motion prevailed.

 

      Clark moved that the name of Mullery be added as an author on H. F. No. 2110.  The motion prevailed.

 

      Clark moved that the name of Loeffler be added as an author on H. F. No. 2116.  The motion prevailed.

 

      Holberg moved that the name of Loeffler be added as an author on H. F. No. 2120.  The motion prevailed.

 

      Mullery moved that the name of Metsa be added as an author on H. F. No. 2151.  The motion prevailed.

 

      Allen moved that the names of Metsa and Isaacson be added as authors on H. F. No. 2192.  The motion prevailed.

 

      Hoppe moved that the name of Barrett be added as an author on H. F. No. 2199.  The motion prevailed.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6756

           Hoppe moved that the name of Loeffler be added as an author on H. F. No. 2200.  The motion prevailed.

 

      Halverson moved that the names of Slocum and Dean, M., be added as authors on H. F. No. 2203.  The motion prevailed.

 

      Winkler moved that the name of Slocum be added as an author on H. F. No. 2204.  The motion prevailed.

 

      Fischer moved that the name of Slocum be added as an author on H. F. No. 2221.  The motion prevailed.

 

      Mullery moved that the name of Slocum be added as an author on H. F. No. 2223.  The motion prevailed.

 

      Mullery moved that the name of Slocum be added as an author on H. F. No. 2224.  The motion prevailed.

 

      Johnson, C., moved that the name of Zerwas be added as an author on H. F. No. 2227.  The motion prevailed.

 

      Selcer moved that the name of Slocum be added as an author on H. F. No. 2243.  The motion prevailed.

 

      Allen moved that the names of Ward, J.E.; Fischer; Selcer; Laine; Zellers; Newton; Slocum; Johnson, S.; Lenczewski and Halverson be added as authors on H. F. No. 2248.  The motion prevailed.

 

      Clark moved that the name of Slocum be added as an author on H. F. No. 2249.  The motion prevailed.

 

      Yarusso moved that the name of Slocum be added as an author on H. F. No. 2259.  The motion prevailed.

 

      Halverson moved that the name of Slocum be added as an author on H. F. No. 2263.  The motion prevailed.

 

      Halverson moved that the name of Slocum be added as an author on H. F. No. 2264.  The motion prevailed.

 

      Masin moved that the name of Loeffler be added as an author on H. F. No. 2274.  The motion prevailed.

 

      Holberg moved that the name of Simon be added as an author on H. F. No. 2276.  The motion prevailed.

 

      Norton moved that the name of Loeffler be added as an author on H. F. No. 2282.  The motion prevailed.

 

      Selcer moved that the name of Slocum be added as an author on H. F. No. 2283.  The motion prevailed.

 

      Lillie moved that the name of Loeffler be added as an author on H. F. No. 2285.  The motion prevailed.

 

      Morgan moved that the name of Slocum be added as an author on H. F. No. 2291.  The motion prevailed.

 

      Mullery moved that the name of Slocum be added as an author on H. F. No. 2294.  The motion prevailed.

 

      Johnson, C., moved that the name of Slocum be added as an author on H. F. No. 2295.  The motion prevailed.

 

      Melin moved that the name of Loeffler be added as an author on H. F. No. 2300.  The motion prevailed.

 

      Schoen moved that the names of Paymar, Gruenhagen and Loeffler be added as authors on H. F. No. 2307.  The motion prevailed.

 

      Fabian moved that the names of O'Neill; Erickson, S., and Daudt be added as authors on H. F. No. 2314.  The motion prevailed.


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           Moran moved that the name of Slocum be added as an author on H. F. No. 2361.  The motion prevailed.

 

      Anderson, P., moved that the name of Dettmer be added as an author on H. F. No. 2363.  The motion prevailed.

 

      Moran moved that the names of Loeffler and Slocum be added as authors on H. F. No. 2373.  The motion prevailed.

 

      Davnie moved that the names of Clark, Loeffler and Slocum be added as authors on H. F. No. 2378.  The motion prevailed.

 

      Liebling moved that the name of Slocum be added as an author on H. F. No. 2379.  The motion prevailed.

 

      Abeler moved that the name of Slocum be added as an author on H. F. No. 2382.  The motion prevailed.

 

      Erickson, S., moved that her name be stricken as an author on H. F. No. 2387.  The motion prevailed.

 

      Lien moved that the name of Marquart be added as an author on H. F. No. 2389.  The motion prevailed.

 

      Hoppe moved that the name of Lohmer be added as an author on H. F. No. 2398.  The motion prevailed.

 

      Simonson moved that the names of Davnie and Slocum be added as authors on H. F. No. 2407.  The motion prevailed.

 

      Fritz moved that the name of Kahn be added as an author on H. F. No. 2419.  The motion prevailed.

 

      Melin moved that the name of Drazkowski be added as an author on H. F. No. 2421.  The motion prevailed.

 

      Beard moved that the name of Lohmer be added as an author on H. F. No. 2424.  The motion prevailed.

 

      Halverson moved that the name of Loeffler be added as an author on H. F. No. 2428.  The motion prevailed.

 

      Davnie moved that the name of Loeffler be added as an author on H. F. No. 2435.  The motion prevailed.

 

      Hortman moved that the name of Abeler be added as an author on H. F. No. 2440.  The motion prevailed.

 

      Poppe moved that the names of Anderson, P.; Yarusso and Freiberg be added as authors on H. F. No. 2456.  The motion prevailed.

 

      Lien moved that the name of Davids be added as an author on H. F. No. 2465.  The motion prevailed.

 

      Carlson moved that the name of Paymar be added as an author on H. F. No. 2475.  The motion prevailed.

 

      Hilstrom moved that the name of Slocum be added as an author on H. F. No. 2479.  The motion prevailed.

 

      Selcer moved that the name of Loeffler be added as an author on H. F. No. 2480.  The motion prevailed.

 

      Davnie moved that the name of Slocum be added as an author on H. F. No. 2514.  The motion prevailed.

 

      Runbeck moved that the name of Fischer be added as an author on H. F. No. 2528.  The motion prevailed.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6758

           Melin moved that the names of Paymar and Slocum be added as authors on H. F. No. 2536.  The motion prevailed.

 

      Poppe moved that the name of Loeffler be added as an author on H. F. No. 2538.  The motion prevailed.

 

      Anderson, P., moved that the name of Torkelson be added as an author on H. F. No. 2539.  The motion prevailed.

 

      Hortman moved that the name of Loeffler be added as an author on H. F. No. 2542.  The motion prevailed.

 

 

      Pursuant to House rule 4.30, Davids moved that H. F. No. 2454 be recalled from the Committee on Taxes, be given its second reading and be placed on the General Register.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Davids motion and the roll was called.  There were 59 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Rosenthal

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zerwas


 

      Those who voted in the negative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Sawatzky

Schoen

Selcer

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail.


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6759

ADJOURNMENT

 

      Murphy, E., moved that when the House adjourns today it adjourn until 9:30 a.m., Tuesday, March 4, 2014.  The motion prevailed.

 

      Murphy, E., moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Tuesday, March 4, 2014.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


Journal of the House - 65th Day - Monday, March 3, 2014 - Top of Page 6760