Journal of the House - 43rd Day - Wednesday, April 24, 2013

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

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

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

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

A quorum was present.

Dean, M., was excused.

Mack was excused until 2:20 p.m.

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

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3870

REPORTS OF CHIEF CLERK

S. F. No. 345 and H. F. No. 410, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Hilstrom moved that the rules be so far suspended that S. F. No. 345 be substituted for H. F. No. 410 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 825 and H. F. No. 1115, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Allen moved that S. F. No. 825 be substituted for H. F. No. 1115 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1270 and H. F. No. 1416, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Erhardt moved that the rules be so far suspended that S. F. No. 1270 be substituted for H. F. No. 1416 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1291 and H. F. No. 1320, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Anzelc moved that S. F. No. 1291 be substituted for H. F. No. 1320 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 1152, A bill for an act relating to retirement; modifying various retirement plans; redefining salary for benefit and contribution purposes; increasing member and employer contributions; increasing vesting to ten years for new hires; capping allowable service for computing annuities; modifying the trigger for increasing or lowering annual postretirement adjustments for all plans; modifying duty disability definitions and clarifying disability application requirements for the public employees police and fire and local government correctional plan; increasing the reduction for early retirement; clarifying survivor benefit provisions; delaying the first annual postretirement adjustment for the public employees police and fire retirement plan; increasing the normal retirement age for new judges; permitting existing judges to elect to be treated as a new judge for benefit and contribution purposes; mandating certain dues and other payment deductions by MSRS and PERA; modifying the Teachers Retirement Association level benefit tier early retirement reduction factors; increasing member and employer contributions to the Duluth Teachers Retirement Fund Association and the St. Paul Teachers Retirement Fund Association; increasing direct state aid to the DTRFA and to the SPTRFA; increasing the DTRFA and SPTRFA benefit accrual

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3871

rates for prospective allowable service; revising the DTRFA postretirement adjustment provision; modifying certain salary increase and payroll growth actuarial assumptions; amending Minnesota Statutes 2012, sections 352B.011, subdivision 4; 352B.02, subdivisions 1a, 1c; 352B.08, subdivisions 1, 2, 2a; 352B.10, subdivision 5; 352B.11, subdivisions 1, 2b; 353.01, subdivisions 10, 17a, 41, 47; 353.031, subdivision 4; 353.35, subdivision 1; 353.65, subdivisions 2, 3; 353.651, subdivisions 3, 4; 353.657, subdivisions 2a, 3a; 353E.001, subdivision 1; 354.44, subdivision 6; 354A.011, subdivision 21; 354A.12, subdivisions 1, 2a, 3a, 3c, 7, by adding subdivisions; 354A.27, subdivision 7, by adding a subdivision; 354A.31, subdivisions 3, 4, 4a, 7; 354A.35, subdivision 2; 356.215, subdivision 8; 356.315, by adding a subdivision; 356.415, subdivisions 1, 1b, 1c, 1e, by adding a subdivision; 356.47, subdivision 1; 356.91; 423A.02, subdivision 5; 490.121, subdivisions 21f, 22, by adding subdivisions; 490.123, subdivisions 1a, 1b; 490.124, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 354; 490; repealing Minnesota Statutes 2012, sections 352B.11, subdivision 2c; 354A.27, subdivision 6.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

SECOND READING OF SENATE BILLS

S. F. Nos. 345, 825, 1270 and 1291 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lillie introduced:

H. F. No. 1801, A bill for an act relating to state government; ratifying labor agreements and compensation plans.

The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.

Norton introduced:

H. F. No. 1802, A bill for an act relating to government data; classifying certain data relating to the destination medical center corporation; amending Minnesota Statutes 2012, section 13.792; proposing coding for new law in Minnesota Statutes, chapter 469.

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

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3872

Bernardy, Bly, Hansen, Simon and Atkins introduced:

H. F. No. 1803, A bill for an act relating to human services; modifying the Runaway and Homeless Youth Act; appropriating money; amending Minnesota Statutes 2012, section 256K.45; repealing Minnesota Statutes 2012, section 256K.45, subdivision 2.

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

Davnie introduced:

H. F. No. 1804, A bill for an act relating to taxation; property; modifying provisions for payment of delinquent taxes; amending Minnesota Statutes 2012, sections 279.37, subdivisions 1a, 2; 281.14; 281.17.

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

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

RECESS

RECONVENED

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

CALENDAR FOR THE DAY

H. F. No. 677 was reported to the House.

Lenczewski moved to amend H. F. No. 677, the second engrossment, as follows:

Page 38, line 10, strike "and thereafter"

Page 75, line 26, after the semicolon insert "and"

Page 89, line 25, delete "$31,250" and insert "$31,650"

Page 89, line 26, delete "$31,250" and insert "$31,650"

Page 90, line 1, delete "$21,400" and insert "$21,650"

Page 90, line 2, delete "$21,400" and insert "$21,650"

Page 90, line 8, delete "$26,300" and insert "$26,650"

Page 90, line 9, delete "$26,300" and insert "$26,650"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3873

Hortman moved to amend the Lenczewski amendment to H. F. No. 677, the second engrossment, as follows:

Page 1, after line 2, insert:

"Page 49, line 4, delete everything after "effective" and insert "for deeds and mortgages acknowledged on or after July 1, 2013."

Page 49, line 8, delete everything after "effective" and insert "for deeds and mortgages acknowledged on or after July 1, 2013.""

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Lenczewski amendment, as amended, to H. F. No. 677, the second engrossment. The motion prevailed and the amendment, as amended, was adopted.

Torkelson moved to amend H. F. No. 677, the second engrossment, as amended, as follows:

Page 20, line 15, delete "HOMESTEAD CREDIT REFUND AND RENTER"

Page 22, line 30, delete "; homestead credit refund"

Page 27, lines 3, 11, 27, 32, and 35, delete "homestead credit" and insert "property tax"

Page 27, line 8, delete "homestead" and insert "property tax"

Page 27, line 9, delete "credit" and "homestead credit" and insert "property tax"

A roll call was requested and properly seconded.

The question was taken on the Torkelson amendment and the roll was called. There were 59 yeas and 73 nays as follows:

Those who voted in the affirmative were:

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

Hamilton moved to amend H. F. No. 677, the second engrossment, as amended, as follows:

Page 38, after line 8, insert:

"Sec. 16. Minnesota Statutes 2012, section 477A.015, is amended to read:

477A.015 PAYMENT DATES.

The commissioner of revenue shall make the payments of local government aid to affected taxing authorities in two installments on July 20 and December 26 annually.

When the commissioner of public safety determines that a local government has suffered financial hardship due to a natural disaster, the commissioner of public safety shall notify the commissioner of revenue, who shall make payments of aids under sections 477A.011 to 477A.014, which are otherwise due on December 26, as soon as is practical after the determination is made but not before July 20.

The commissioner may pay all or part of the payments of aids under sections 477A.011 to 477A.014, which are due on December 26 at any time after August 15 if a local government requests such payment as being necessary for meeting its cash flow needs. For aids payable in 2013 only, a city that is located in an area deemed a disaster area during the month of April 2013, as defined in section 12A.01, subdivision 5, shall receive its December 26, 2013 payment with its July 20, 2013 payment.

EFFECTIVE DATE. This section is effective for aids payable in calendar year 2013 and thereafter."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Anderson, S., moved to amend the Hamilton amendment to H. F. No. 677, the second engrossment, as amended, as follows:

Page 1, after line 1, insert:

"Page 26, after line 5, insert:

"Sec. 4. Minnesota Statutes 2012, section 290A.04, is amended by adding a subdivision to read:

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3875

Subd. 2k. HOMEOWNER PROPERTY TAX REFUND SCHEDULE ADJUSTMENTS. (a) No later than January 1, 2015, for homestead credit refund claims under section 290A.04, subdivision 2, based on taxes payable in 2015, the commissioner must modify the schedule in section 290A.04, subdivision 2, so that the total amount of refunds projected to be paid is increased by $14,100,000.

(b) No later than January 1, 2016, for homestead credit refund claims under section 290A.04, subdivision 2, based on taxes payable in 2016, the commissioner must modify the schedule in section 290A.04, subdivision 2, so that the total amount of refunds projected to be paid is increased by $29,000,000.

(c) For refunds based on taxes payable in 2017 and following years, the schedule determined under paragraph (b) must be adjusted for inflation as provided in 290A.04, subdivision 4, except that the percentage increase shall be determined from the year ending on June 30, 2015, to the year ending on June 30 of the year preceding the year in which the refund is payable.

(d) In modifying the schedule as provided in this section, the commissioner must first increase the maximum refund amounts across all income ranges, but by no more than ten percent compared with the amounts projected to be in effect under current law, and second must decrease the income threshold percentage for one or more income brackets, but may not decrease any income threshold percentage to less than two percent, and third must decrease the co-payment percentages for one or more income brackets, but may not decrease any co-payment percentage to zero.

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

Page 1, line 16, delete "12A.01" and insert "12A.02"

Page 1, after line 19, insert:

"Page 38, line 13, delete "multiplied by the inflation"

Page 38, line 14, delete "adjustment under subdivision 6"

Page 39, delete section 18"

Renumber the sections in sequence and correct the internal references

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 60 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Zellers moved to amend the Hamilton amendment to H. F. No. 677, the second engrossment, as amended, as follows:

Page 1, after line 1, insert:

"Page 26, after line 5, insert:

"Sec. 4. Minnesota Statutes 2012, section 290A.04, is amended by adding a subdivision to read:

(c) For refunds based on taxes payable in 2016 and following years, the schedule determined under paragraph (b) must be adjusted for inflation as provided in 290A.04, subdivision 4, except that the percentage increase shall be determined from the year ending on June 30, 2015, to the year ending on June 30 of the year preceding the year in which the refund is payable.

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

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3877

Page 30, after line 6, insert:

"Sec. 2. Minnesota Statutes 2012, section 273.1384, subdivision 2, is amended to read:

Subd. 2. Agricultural homestead market value credit. Property classified as agricultural homestead under section 273.13, subdivision 23, paragraph (a), is eligible for an agricultural credit. The credit is computed using the property's agricultural credit market value, defined for this purpose as the property's market value excluding the market value of the house, garage, and immediately surrounding one acre of land. The credit is equal to ~~0.3~~ 0.38 percent of the first $115,000 of the property's agricultural credit market value ~~minus .05 percent of the property's agricultural credit market value in excess of $115,000, subject to a maximum reduction of $115~~. In the case of property that is classified as part homestead and part nonhomestead solely because not all the owners occupy or farm the property, not all the owners have qualifying relatives occupying or farming the property, or solely because not all the spouses of owners occupy the property, the credit must be initially computed as if that nonhomestead agricultural land was also classified as agricultural homestead and then prorated to the owner-occupant's percentage of ownership.

EFFECTIVE DATE. This section is effective beginning with taxes payable in 2015, except that the change in the credit rate from 0.3 percent to 0.38 percent is effective beginning with taxes payable in 2016.""

Page 1, line 16, delete "12A.01" and insert "12A.02"

Page 1, after line 19, insert:

"Page 38, line 13, delete "multiplied by the inflation"

Page 38, line 14, delete "adjustment under subdivision 6"

Page 39, delete section 18"

Renumber the sections in sequence and correct the internal references

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

So it was the judgment of the House that the decision of the Speaker should stand.

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3882

Garofalo offered an amendment to the Woodard amendment to H. F. No. 677, the second engrossment, as amended.

POINT OF ORDER

Carlson raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the amendment to the amendment was not in order. The Speaker ruled the point of order well taken and the amendment to the amendment out of order.

Woodard withdrew his amendment to H. F. No. 677, the second engrossment, as amended.

Nelson moved to amend H. F. No. 677, the second engrossment, as amended, as follows:

Page 169, line 16, delete "Labor peace agreements are" and insert "A labor peace agreement is"

Nelson moved to amend his amendment to H. F. No. 677, the second engrossment, as amended, as follows:

Page 1, delete lines 2 and 3 and insert:

"Page 169, delete section 19 and insert:

"Sec. 19. LABOR PEACE AGREEMENTS.

(a) The state recognizes the need to protect public investments made in certain capital projects which may involve hospitality operations such as hotels. The efficient and uninterrupted operation of these hospitality services, and the associated public investment, may be threatened by labor disputes. The state finds that labor peace agreements in which labor unions voluntarily agree not to engage in picketing, boycotts, work stoppages, or any other economic interference at a hospitality business are the most effective method of ensuring continuous operation of hospitality businesses receiving state or local government investment. It is the policy of the state that labor peace agreements are required as a prerequisite for receiving state or local government participation on any qualifying project in which the state or a local government has a proprietary interest, or acts as a market participant, if the project will result in the employment of hospitality workers.

(b) For the purposes of this section:

(1) the state or a local government has a proprietary interest in a project where it finances the project in whole or in part by any of the following: providing a grant, providing a loan, guaranteeing any payment under any loan, lease, or other obligation, providing tax increment financing, contributing revenue on general obligation bonds, or providing a tax abatement, reduction, deferral, or credit;

(2) the state or a local government acts as a market participant in a project when it is the owner of the project, is an equity investor in the project, or donates, sells, or leases real property, personal property, or infrastructure in support of the project;

(3) "qualifying project" means a project that is located in a county that contains a city of the first class as defined under Minnesota Statutes, section 410.01, and includes the construction or development of a hotel; a food and beverage operation that is integral to a hotel, a major league or minor league sports facility, a convention center, or a civic center; or a cultural venue with catering or cafeteria facilities;

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3883

(4) "hospitality workers" means all full-time or regular part-time employees of hotels and their integral food and beverage operations as well as all full-time or regular part-time employees providing food and beverage, concession, catering, cafeteria, or merchandise services at sports facilities, convention centers, civic centers, or cultural venues, excluding supervisors, managers, and guards;

(5) "employer of hospitality workers" means an employer of hospitality workers who will be employed as a result of a qualifying project, and includes a developer of a state or local government-owned facility that is all or part of a qualifying project and a developer of a facility benefiting from state or local government financial participation in a qualifying project;

(6) "labor peace agreement" means a valid contract that sets forth agreements by and between an employer of hospitality workers and any labor organization seeking to represent hospitality workers on the process the employer and union will follow as the hospitality workers who will be employed as a result of the project choose whether or not to organize as a unit for collective bargaining with the employer; and

(7) "local government" includes counties, cities, towns, and any development authority established under Minnesota Statutes, chapter 469.

(c) Any employer of hospitality workers on a qualifying project must have negotiated and executed a labor peace agreement with any interested labor organization prior to, and as a condition precedent of, the approval of financial assistance that causes the state or local government to hold a proprietary interest in the project. When the state or a local government acts as a market participant in the project, any employer of hospitality workers must have a signed labor peace agreement with any interested labor organization prior to, and as a condition precedent to, its contract with the state or local government.

(d) To fulfill the condition precedent to state or local government participation, a labor peace agreement must contain:

(1) a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppages, boycotts, or any other economic interference with the employer's hospitality operations on the qualifying project for the duration of the state or local government's ongoing financial interest in the qualifying project or for five years, whichever is greater;

(2) a provision requiring that during the duration of the agreement all disputes relating to employment conditions or the negotiation thereof shall be submitted to final and binding arbitration; and

(3) a provision requiring the employer of hospitality workers to incorporate the terms of the labor peace agreement in any contract, subcontract, lease, sublease, operating agreement, concessionaire agreement, franchise agreement, or other agreement or instrument giving a right to any other employer of hospitality workers to own or operate the project or activities within the project.

(e) If an employer of hospitality workers has valid collective bargaining agreements with recognized unions that cover, or will cover, the hospitality workers that will be employed as a result of the qualifying project, those agreements satisfy the requirements of this section.

(f) This section shall not apply to projects that receive less than $1,000,000 of the total cost of the project from state and local government sources.

(g) Nothing in this section requires an employer to recognize a particular labor organization. This section is not intended to enact or express any generally applicable policy regarding labor management relations or to regulate those relations in any way. This section is not intended to favor any particular outcome in the determination of employee preference regarding union representation.

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3884

(h) Nothing in this section denies any financial assistance approved prior to August 1, 2013.""

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Nelson amendment, as amended, to H. F. No. 677, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Davids moved to amend H. F. No. 677, the second engrossment, as amended, as follows:

Page 221, line 9, after "owner" insert "or owners"

Benson, M., moved to amend the Davids amendment to H. F. No. 677, the second engrossment, as amended, as follows:

Page 1, after line 1, insert:

"Page 54, after line 3, insert:

"Sec. 2. [295.80] MOTOR FUELS GROSS RECEIPTS TAX.

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given, unless the context indicates otherwise.

(b) "Agricultural alcohol gasoline" has the meaning given in section 296A.01, subdivision 2.

(d) "Distributor" has the meaning given in section 296A.01, subdivision 15.

(e) "For use in motor vehicles" has the meaning given in section 296A.01, subdivision 21.

(f) "Gasoline" has the meaning given in section 296A.01, subdivision 23.

(g) "Gasoline blended with ethanol" has the meaning given in section 296A.01, subdivision 25.

(h) "Special fuel" has the meaning given in section 296A.01, subdivision 46.

(i) "Wholesale" means a sale to a buyer whose purpose is to resell the property to a third party.

Subd. 2. Imposition. A tax is imposed on the wholesale business of selling the means or substance used for propelling vehicles on the highways of this state. The tax is imposed at the rate of 5.5 percent of gross receipts derived by a distributor from the first sale at wholesale of gasoline, gasoline blended with ethanol, agricultural alcohol gasoline, and special fuels within this state for use in motor vehicles.

Subd. 3. Distributor credit or refund. The commissioner shall allow the distributor credit or refund of that portion of the tax attributable to gross receipts derived from sales of petroleum products and special fuel:

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3885

(1) for export from this state;

(2) purchased by the United States government for exclusive use in performing government functions;

(3) that is placed in a tank to be used exclusively for residential heating;

(4) destroyed by accident while in the possession of the distributor;

(5) in error; and

(6) for gasoline, sold for storage in an on-farm bulk storage tank.

Subd. 4. Payment of tax. Each distributor shall file quarterly returns and make payments by April 18 for the quarter ending March 31; July 18 for the quarter ending June 30; October 18 for the quarter ending September 30; and January 18 of the following calendar year for the quarter ending December 31. The tax imposed under this chapter is in addition to any other tax imposed by the state on the distributor.

Subd. 5. Administrative provisions. Except as otherwise provided in this section, the relevant audit, assessment, refund, penalty, interest, enforcement, collection remedies, appeal, and administrative provisions of chapters 270C, 289A, and 296A apply to taxes imposed under this section.

Subd. 6. Deposit of revenues. The commissioner shall deposit the revenues from the gross receipts tax into the highway user tax distribution fund.

EFFECTIVE DATE. This section is effective October 1, 2013, and applies to gross receipts attributable to the described products and derived by a distribution on and after that day.

Sec. 3. Minnesota Statutes 2012, section 296A.07, subdivision 3, is amended to read:

Subd. 3. Rate of tax. The gasoline excise tax is imposed at the following rates:

(1) E85 is taxed at the rate of ~~17.75~~ 13.49 cents per gallon;

(2) M85 is taxed at the rate of ~~14.25~~ 10.83 cents per gallon; and

(3) all other gasoline is taxed at the rate of 25 19 cents per gallon.

EFFECTIVE DATE. This section is effective October 1, 2013, and applies to all gasoline, undyed diesel fuel, and special fuel in distributor storage on or after that date.

Sec. 4. Minnesota Statutes 2012, section 296A.08, subdivision 2, is amended to read:

Subd. 2. Rate of tax. The special fuel excise tax is imposed at the following rates:

(a) Liquefied petroleum gas or propane is taxed at the rate of ~~18.75~~ 14.25 cents per gallon.

(b) Liquefied natural gas is taxed at the rate of 15 11.4 cents per gallon.

(c) Compressed natural gas is taxed at the rate of ~~$2.174~~ $1.652 per thousand cubic feet; or 25 cents per gasoline equivalent. For purposes of this paragraph, "gasoline equivalent," as defined by the National Conference on Weights and Measures, is 5.66 pounds of natural gas.

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3886

(d) All other special fuel is taxed at the same rate as the gasoline excise tax as specified in section 296A.07, subdivision 2. The tax is payable in the form and manner prescribed by the commissioner.

EFFECTIVE DATE. This section is effective October 1, 2013, and applies to all gasoline, undyed diesel fuel, and special fuel in distributor storage on or after that date.

Sec. 5. Minnesota Statutes 2012, section 296A.12, is amended to read:

296A.12 GASOLINE AND SPECIAL FUEL TAX IN LIEU OF OTHER TAXES.

Gasoline and special fuel excise taxes and a gross receipts tax imposed under section 295.80 shall be in lieu of all other taxes imposed upon the business of selling or dealing in gasoline or special fuel, whether imposed by the state or by any of its political subdivisions, but are in addition to all ad valorem taxes now imposed by law. Nothing in this chapter is construed as prohibiting the governing body of any city of this state from licensing and regulating such business where its authority is conferred by state law or city charter.""

Page 1, after line 2, insert:

"Renumber the sections in sequence and correct the internal references

Amend the title accordingly"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 0 yeas and 133 nays as follows:

Those who voted in the negative were:

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

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

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

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

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

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

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

Murphy, E., moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

H. F. No. 677, A bill for an act relating to financing of state and local government; making changes to individual income, corporate franchise, property, sales and use, estate, mineral, liquor, tobacco, aggregate materials, local, and other taxes and tax-related provisions; restoring the school district current year aid payment shift percentage to 90; conforming to federal section 179 expensing allowances; imposing an income surcharge; allowing an up-front exemption for capital equipment; modifying the definition of income for the property tax refund; decreasing the threshold percentage for the homestead credit refund for homeowners and the property tax refund for renters; increasing the maximum refunds for renters; changing property tax aids and credits; imposing an insurance surcharge; modifying pension aids; providing pension funding; changing provisions of the Sustainable Forest Incentive Act; modifying definitions for property taxes; providing exemptions; creating joint entertainment facilities coordination; imposing a sports memorabilia gross receipts tax; changing tax rates on tobacco and liquor; providing reimbursement for certain property tax abatement; modifying the small business investment tax credit; expanding the definition of domestic corporation to include foreign corporations incorporated in or doing business in tax havens; making changes to additions and subtractions from federal taxable income; changing rates for individuals, estates, and trusts; providing for charitable contributions and veterans jobs tax credits; modifying estate tax exclusions for qualifying small business and farm property; imposing a gift tax; expanding the sales tax to include suite and box seat rentals; modifying the definition of sales and purchase; changing the tax rate and modifying provisions for the rental motor vehicle tax; modifying nexus provisions; providing for multiple points of use certificates; modifying exemptions; authorizing local sales taxes; authorizing economic development powers; providing authority, organization, powers, and duties for development of a Destination Medical Center; authorizing

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3888

state infrastructure aid; imposing a tax on extraction and processing of fracturing sand; providing a taconite production tax grant for water supply improvements; authorizing taconite production tax bonds for grants to school districts; modifying and providing provisions for public finance; modifying the definition of market value for tax, debt, and other purposes; requiring labor peace agreements on certain qualifying projects; making conforming, policy, and technical changes to tax provisions; requiring studies and reports; appropriating money; amending Minnesota Statutes 2012, sections 16A.152, subdivision 2; 16A.46; 38.18; 40A.15, subdivision 2; 69.011, subdivision 1; 69.021, subdivisions 7, 8, by adding a subdivision; 88.51, subdivision 3; 103B.102, subdivision 3; 103B.245, subdivision 3; 103B.251, subdivision 8; 103B.335; 103B.3369, subdivision 5; 103B.635, subdivision 2; 103B.691, subdivision 2; 103C.501, subdivision 4; 103D.905, subdivisions 2, 3, 8; 103F.405, subdivision 1; 116J.8737, subdivisions 1, 2, 8; 117.025, subdivision 7; 118A.04, subdivision 3; 118A.05, subdivision 5; 123A.455, subdivision 1; 123B.75, subdivision 5; 126C.48, subdivision 8; 127A.45, subdivision 2; 127A.48, subdivision 1; 138.053; 144F.01, subdivision 4; 162.07, subdivisions 3, 4; 163.04, subdivision 3; 163.051; 163.06, subdivision 6; 165.10, subdivision 1; 168.012, subdivision 9, by adding a subdivision; 216C.436, subdivision 7; 237.52, subdivision 3, by adding a subdivision; 270.077; 270.41, subdivision 5; 270B.01, subdivision 8; 270B.12, subdivision 4; 270C.34, subdivision 1; 270C.38, subdivision 1; 270C.42, subdivision 2; 270C.56, subdivision 1; 271.06, by adding a subdivision; 272.01, subdivision 2; 272.02, subdivisions 39, 97, by adding subdivisions; 272.03, subdivision 9, by adding subdivisions; 273.032; 273.11, subdivision 1, by adding a subdivision; 273.114, subdivision 6; 273.124, subdivisions 3a, 13; 273.13, subdivisions 21b, 23, 25; 273.1398, subdivisions 3, 4; 273.19, subdivision 1; 273.372, subdivision 4; 273.39; 275.011, subdivision 1; 275.077, subdivision 2; 275.71, subdivision 4; 276.04, subdivision 2; 276A.01, subdivisions 10, 12, 13, 15; 276A.06, subdivision 10; 279.01, subdivision 1, by adding a subdivision; 279.02; 279.06, subdivision 1; 287.05, by adding a subdivision; 287.08; 287.20, by adding a subdivision; 287.23, subdivision 1; 287.385, subdivision 7; 289A.02, subdivision 7; 289A.08, subdivisions 1, 3, 7; 289A.10, subdivision 1, by adding a subdivision; 289A.12, subdivision 14, by adding a subdivision; 289A.18, by adding a subdivision; 289A.20, subdivisions 3, 4, by adding a subdivision; 289A.26, subdivisions 3, 4, 7, 9; 289A.55, subdivision 9; 289A.60, subdivision 4; 290.01, subdivisions 5, 19, as amended, 19a, 19b, 19c, 19d, 31, as amended, by adding subdivisions; 290.06, subdivisions 2c, 2d, by adding subdivisions; 290.067, subdivisions 1, 2a; 290.0671, subdivision 1; 290.0675, subdivision 1; 290.0677, subdivision 2; 290.068, subdivisions 3, 6a; 290.0681, subdivisions 1, 3, 4, 5; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivision 1; 290.17, subdivision 4; 290.21, subdivision 4; 290.9705, subdivision 1; 290A.03, subdivisions 3, 15, as amended; 290A.04, subdivisions 2, 2a, 4; 290B.04, subdivision 2; 290C.02, subdivision 6; 290C.05; 290C.07; 291.005, subdivision 1; 291.03, subdivisions 1, 8, 9, 10, 11, by adding a subdivision; 296A.01, subdivision 19, by adding a subdivision; 296A.22, subdivisions 1, 3; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64, subdivisions 1, 2; 297A.66, by adding a subdivision; 297A.665; 297A.668, by adding a subdivision; 297A.67, subdivision 7; 297A.68, subdivision 5; 297A.70, subdivisions 4, 8, by adding subdivisions; 297A.71, by adding subdivisions; 297A.75, subdivisions 1, 2, 3; 297A.815, subdivision 3; 297A.993, subdivisions 1, 2; 297B.11; 297E.021, subdivision 2; 297E.14, subdivision 7; 297F.01, subdivisions 3, 19, 23, by adding a subdivision; 297F.05, subdivisions 1, 3, 4, by adding a subdivision; 297F.09, subdivision 9; 297F.18, subdivision 7; 297F.24, subdivision 1; 297F.25, subdivision 1; 297G.03, subdivision 1, by adding a subdivision; 297G.04; 297G.09, subdivision 8; 297G.17, subdivision 7; 297I.05, subdivisions 7, 11, 12; 297I.30, subdivisions 1, 2; 297I.80, subdivision 1; 298.01, subdivisions 3, 3b, 4; 298.018; 298.227, as amended; 298.24, subdivision 1; 298.28, subdivisions 4, 6, 10; 298.75, subdivision 2; 325D.32, subdivision 2; 353G.08, subdivision 2; 365.025, subdivision 4; 366.095, subdivision 1; 366.27; 368.01, subdivision 23; 368.47; 370.01; 373.01, subdivisions 1, 3; 373.40, subdivisions 1, 2, 4; 375.167, subdivision 1; 375.18, subdivision 3; 375.555; 383B.152; 383B.245; 383B.73, subdivision 1; 383D.41, by adding a subdivision; 383E.20; 383E.23; 385.31; 394.36, subdivision 1; 398A.04, subdivision 8; 401.05, subdivision 3; 403.02, subdivision 21, by adding subdivisions; 403.06, subdivision 1a; 403.11, subdivision 1, by adding a subdivision; 410.32; 412.221, subdivision 2; 412.301; 428A.02, subdivision 1; 430.102, subdivision 2; 447.10; 450.19; 450.25; 458A.10; 458A.31, subdivision 1; 465.04; 469.033, subdivision 6; 469.034, subdivision 2; 469.053, subdivisions 4, 4a, 6; 469.071, subdivision 5; 469.107, subdivision 1; 469.169, by adding a subdivision; 469.176, subdivisions 4c, 4g, 6; 469.177, by adding a subdivision; 469.180, subdivision 2; 469.187; 469.190, subdivision 7, by adding a subdivision; 469.206; 469.319, subdivision 4; 469.340, subdivision 4; 471.24; 471.571, subdivisions 1, 2; 471.73; 473.325, subdivision 2; 473.39, by adding a subdivision; 473.629; 473.661, subdivision 3; 473.667, subdivision 9; 473.671; 473.711, subdivision 2a; 473F.02, subdivisions 12, 14, 15, 23; 473F.08, subdivision 10, by adding a subdivision; 474A.04,

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3889

subdivision 1a; 474A.062; 474A.091, subdivision 3a; 475.521, subdivisions 1, 2, 4; 475.53, subdivisions 1, 3, 4; 475.58, subdivisions 2, 3b; 475.73, subdivision 1; 477A.011, subdivisions 20, 30, 32, 34, 42, by adding subdivisions; 477A.0124, subdivision 2; 477A.013, subdivisions 8, 9, by adding a subdivision; 477A.015; 477A.03, subdivisions 2a, 2b, by adding a subdivision; 641.23; 641.24; 645.44, by adding a subdivision; Laws 1971, chapter 773, section 1, subdivision 2, as amended; Laws 1988, chapter 645, section 3, as amended; Laws 1993, chapter 375, article 9, section 46, subdivisions 2, as amended, 5, as amended; Laws 1998, chapter 389, article 8, section 43, subdivisions 1, 3, as amended, 5, as amended; Laws 1999, chapter 243, article 6, section 11; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2005, First Special Session chapter 3, article 5, section 37, subdivisions 2, 4; Laws 2008, chapter 366, article 5, sections 26; 33; 34, as amended; article 7, section 19, subdivision 3, as amended; Laws 2010, chapter 216, section 55; Laws 2010, chapter 389, article 1, section 12; article 5, section 6, subdivisions 4, 6; Laws 2010, First Special Session chapter 1, article 13, section 4, subdivision 1, as amended; proposing coding for new law in Minnesota Statutes, chapters 116C; 287; 290; 290A; 292; 295; 297I; 403; 435; 469; proposing coding for new law as Minnesota Statutes, chapter 297J; repealing Minnesota Statutes 2012, sections 16A.725; 256.9658; 272.69; 273.11, subdivisions 1a, 22; 276A.01, subdivision 11; 289A.60, subdivision 31; 290.01, subdivision 6b; 290.06, subdivision 22a; 290.0672; 290.0921, subdivision 7; 383A.80, subdivision 4; 383B.80, subdivision 4; 428A.101; 428A.21; 473F.02, subdivision 13; 477A.011, subdivisions 2a, 19, 21, 29, 31, 32, 33, 36, 39, 40, 41, 42; 477A.013, subdivisions 11, 12; 477A.0133; 477A.0134; Laws 2006, chapter 259, article 11, section 3, as amended; Laws 2009, chapter 88, article 4, section 23, as amended.

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

The question was taken on the passage of the bill and the roll was called. There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

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

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3890

Dill and Pelowski were excused for the remainder of today's session.

CALL OF THE HOUSE LIFTED

Daudt moved that the call of the House be lifted. The motion prevailed and it was so ordered.

H. F. No. 1444 was reported to the House.

Beard moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 18, after line 9, insert:

"Subd. 7. Transfers. Before July 15, 2013, the commissioner of public safety shall transfer $4,170,000 from the vehicle services operating account in the special revenue fund to the driver and vehicle services technology account in the special revenue fund.

Before July 15, 2013, the commissioner of public safety shall transfer $830,000 from the driver services operating account in the special revenue fund to the driver and vehicle services technology account in the special revenue fund."

Page 22, after line 27, insert:

"Sec. 4. Minnesota Statutes 2012, section 168.013, subdivision 21, is amended to read:

Subd. 21. Technology surcharge. For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of~~: (1) $1.75 until June 30, 2012; and (2)~~ $1 ~~from July 1, 2012, to~~ until no later than June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705. The commissioner shall discontinue collection of the surcharge once sufficient funds have been deposited in the driver and vehicle services technology account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system."

Page 24, after line 11, insert:

"Sec. 8. Minnesota Statutes 2012, section 171.06, subdivision 2, is amended to read:

Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows:

Classified Driver's License	D-$17.25	C-$21.25	B-$28.25	A-$36.25
Classified Under-21 D.L.	D-$17.25	C-$21.25	B-$28.25	A-$16.25
Enhanced Driver's License	D-$32.25	C-$36.25	B-$43.25	A-$51.25
Instruction Permit				$5.25
Enhanced Instruction Permit				$20.25
Provisional License				$8.25
Enhanced Provisional License				$23.25
Duplicate License or duplicate identification card				$6.75
Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3891 Enhanced Duplicate License or enhanced duplicate identification card				$21.75
Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a				$11.25
Enhanced Minnesota identification card				$26.25

In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of~~: (1) $1.75 until June 30, 2012; and (2)~~ $1.00 ~~from July 1, 2012, to~~ until no later than June 30, 2016. Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705. The commissioner shall discontinue collection of the surcharge once sufficient funds have been deposited in the driver and vehicle services technology account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.

(d) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.

(e) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the same amount as a driver's license agent under section 171.061, subdivision 4. Revenue collected under this paragraph must be deposited as follows:

(1) $3 in the driver and vehicle services technology account; and

(2) the remainder in the driver services operating account.

(f) An application for a Minnesota identification card, instruction permit, provisional license, or driver's license, including an application for renewal, must contain a provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical gifts under section 171.075.

EFFECTIVE DATE. This section is effective January 1, 2014."

A roll call was requested and properly seconded.

The question was taken on the Beard amendment and the roll was called. There were 61 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Anderson, S., moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 29, after line 22, insert:

"Sec. 9. Minnesota Statutes 2010, section 473.388, subdivision 4, is amended to read:

Subd. 4. Financial assistance. (a) The council must grant the requested financial assistance if it determines that the proposed service is intended to replace the service to the applying city or town or combination thereof by the council and that the proposed service will meet the needs of the applicant at least as efficiently and effectively as the existing service.

(b) The amount of assistance which the council must provide to for a replacement system under this section may not be less than the sum of the amounts ~~determined~~ calculated for each ~~municipality~~ of the replacement service municipalities comprising ~~the~~ that system ~~as follows:~~.

(1) an amount equal to 4.24 percent of the total state revenues generated from the taxes imposed under chapter 297B for the current fiscal year; times

(2) the ratio of (i) the transit operating assistance grants received under this subdivision by the municipality in calendar year 2001 or the tax revenues for transit services levied by the municipality for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of the municipality's aid under section 273.1398, subdivision 2, attributable to the transit levy~~; times (2) the ratio of (i) an amount equal to 3.74 percent of the state revenues generated from the taxes imposed under chapter 297B for the current fiscal year to~~; to (ii) the total transit operating assistance grants received under this subdivision in calendar year 2001 or the tax revenues for transit services levied by all replacement service municipalities under this section for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of homestead and agricultural credit aid under section 273.1398, subdivision 2, attributable to nondebt transit levies,; times

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3894

(3) the ratio of (i) the municipality's total taxable market value for taxes payable in 2006 divided by the municipality's total taxable market value for taxes payable in 2001, to (ii) the total taxable market value of all property located in replacement service municipalities for taxes payable in 2006 divided by the total taxable market value of all property located in replacement service municipalities for taxes payable in 2001.

~~(c)~~ (d) The council shall pay the amount to be provided to the recipient from the funds the council receives in the metropolitan area transit account under section 16A.88."

Correct the section totals and the appropriation summary

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Anderson, S., amendment and the roll was called. There were 64 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Runbeck moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 29, after line 22, insert:

"Sec. 15. Minnesota Statutes 2012, section 473.408, is amended by adding a subdivision to read:

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3895

Subd. 11. Transitway fare collection system. The council shall develop and implement a controlled access fare collection system for each light rail transit line or bus rapid transit line that enters into final design on or after the effective date of this act. The system must include physically secured access at each stop on the line that prevents boarding, and entrance to a waiting area, prior to demonstrating proof of payment."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

Runbeck moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 28, after line 10, insert:

"Sec. 11. Minnesota Statutes 2012, section 174.634, is amended to read:

174.634 PASSENGER RAIL; FUNDING.

Subdivision 1. General requirements, application. (a) The commissioner may apply for funding from federal, state, regional, local, and private sources to carry out the commissioner's duties in section 174.632.

(b) Section 174.88, subdivision 2, does not apply to the commissioner's performance of duties and exercise of powers under sections 174.632 to 174.636.

Subd. 2. Prohibition; Northern Lights Express. The state and a local unit of government, including but not limited to a regional railroad authority, may not expend any state or local funds for analysis, study, planning, right-of-way acquisition, engineering, final design, construction, or operation of an intercity passenger rail line between Duluth and the metropolitan area, as defined in section 473.121, subdivision 2."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Runbeck amendment and the roll was called. There were 60 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

The Speaker called Hortman to the Chair.

Nornes moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 22, after line 27, insert:

"Sec. 4. Minnesota Statutes 2012, section 168.002, subdivision 24, is amended to read:

Subd. 24. Passenger automobile. (a) "Passenger automobile" means any motor vehicle designed and used for carrying not more than 15 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans as defined in section 168.126.

(1) a vehicle that is a pickup truck or a van as defined in subdivisions 26 and 40;

(2) mini trucks, as defined in section 169.011, subdivision 40a;

~~(2)~~ (3) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and

~~(3)~~ (4) medium-speed electric vehicles, as defined in section 169.011, subdivision 39."

Page 22, after line 32, insert:

"Sec. 6. Minnesota Statutes 2012, section 168A.05, is amended by adding a subdivision to read:

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3897

Subd. 10. Mini trucks; certificate required. Mini trucks, as defined in section 169.011, subdivision 40a, must be titled as specified in section 168A.02. The department shall not issue a title for a mini truck that lacks a vehicle identification number.

Sec. 7. Minnesota Statutes 2012, section 169.045, subdivision 1, is amended to read:

Subdivision 1. Designation of roadway, permit. (a) The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize the operation of ~~motorized golf carts, all-terrain vehicles, utility task vehicles, or mini trucks,~~ special vehicles on designated roadways or portions thereof under its jurisdiction. Authorization to operate a ~~motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck~~ special vehicle is by permit only.

(b) For purposes of this section, "special vehicles" includes:

(1) an all-terrain ~~vehicle has the meaning given~~ vehicles as defined in section 84.92;

(2) ~~a mini truck has the meaning given in section 169.011, subdivision 40a~~ motorized golf carts; and

(3) a utility task ~~vehicle means a~~ vehicles, which are side-by-side, four-wheel drive, off-road ~~vehicle~~ vehicles that ~~has~~ have four wheels, is are propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and ~~has~~ have a total dry weight of 1,800 but less than 2,600 pounds.

Sec. 8. Minnesota Statutes 2012, section 169.045, subdivision 2, is amended to read:

Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section, under which a permit may be granted. Permits may be granted for a period not to exceed three years, and may be renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the ~~motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck~~ special vehicle on the designated roadways. The ordinance may require, as a condition to obtaining a permit, that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a ~~motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck~~ special vehicle on the roadways designated.

Sec. 9. Minnesota Statutes 2012, section 169.045, subdivision 3, is amended to read:

Subd. 3. Times of operation. ~~Motorized golf carts, all-terrain vehicles, and utility task~~ Special vehicles may only be operated on designated roadways from sunrise to sunset, unless equipped with original equipment headlights, taillights, and rear-facing brake lights. They shall not be operated in inclement weather, except during emergency conditions as provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet."

Page 29, after line 22, insert:

"Sec. 25. Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287, article 3, section 56, is amended to read:

Sec. 10. EFFECTIVE DATE.

Sections 2 and 3 are effective August 1, 2009~~, and the amendments made in sections 2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2014~~.

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3898

Sec. 26. MINI TRUCKS; CANCELLATION OF LOCAL PERMITS.

On and after August 1, 2013, a local permit issued by a county, statutory or home rule charter city, or town, under Minnesota Statutes, section 169.045, permitting operation of a mini truck, as defined in Minnesota Statutes, section 169.011, subdivision 40a, is canceled and superseded by Minnesota Statutes, section 169.2245. A person operating a mini truck on or after August 1, 2013, must meet the requirements of Minnesota Statutes, section 169.2245.

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

Page 32, after line 16, insert:

"(c) Minnesota Statutes 2012, section 169.045, subdivision 7a, is repealed."

A roll call was requested and properly seconded.

The question was taken on the Nornes amendment and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

O'Neill moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 3, delete lines 32 to 34

Page 4, delete lines 1 to 3 and insert:

"(c) Passenger Rail

100,000

100,000"

Page 4, line 10, delete "(e)" and insert "(d)"

Page 4, delete lines 23 to 29, and insert:

"(b) Program Planning and Delivery

206,583,000

206,433,000

Appropriations by Fund

	2014	2015

General	100,000	0
H.U.T.D.	50,000	0
Trunk Highway	206,433,000	206,433,000"

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3900

Page 5, line 11, delete "$900,000" and insert "$600,000"

Page 6, delete lines 1 to 23

Page 6, delete lines 25 to 32, and insert:

"(1) State Road Construction

923,900,000

830,100,000

Appropriations by Fund

	2014	2015

General Fund	24,200,000	24,200,000
Trunk Highway – Federal Aid Estimate	489,200,000	482,200,000
Trunk Highway – Highway User Taxes Estimate	410,500,000	323,700,000

The base appropriation from the general fund is $1,350,000 in each year for fiscal years 2016 and 2017."

Page 12, delete line 34, and insert:

"Sec. 4. METROPOLITAN COUNCIL

$41,489,000

$41,570,000"

Page 13, after line 7, insert:

"The base appropriation is $63,620,000 in each year for fiscal years 2016 and 2017."

Correct the section totals and the appropriation summary

Amend the title accordingly

A roll call was requested and properly seconded.

O'Neill moved to amend her amendment to H. F. No. 1444, the third engrossment, as follows:

Page 1, delete line 11

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the O'Neill amendment, as amended, and the roll was called. There were 65 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

Metsa moved to amend H. F. No. 1444, the third engrossment, as follows:

Page 31, after line 24, insert:

"Sec. 20. MINNESOTA DEPARTMENT OF TRANSPORTATION DISTRICT 1 CONSTRUCTION PROJECTS.

(a) Notwithstanding any law to the contrary, the commissioner of transportation must select and implement either the M-1 or the E-2 layout, as identified in the alternatives analysis conducted by the Department of Transportation, or variations of the M-1 or E-2 layouts, for the project involving the relocation of marked U.S. Highway 53 between Eveleth and Virginia.

(b) Notwithstanding any law to the contrary, the commissioner of transportation must select and implement the South Route layout, as identified and selected in 2010 as the preferred alternative, for the project involving marked U.S. Highway 169 between Tower and Ely.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Journal of the House - 43rd Day - Wednesday, April 24, 2013 - Top of Page 3904

Metsa moved to amend his amendment to H. F. No. 1444, the third engrossment, as follows:

Page 1, lines 6 and 11, delete "and implement"

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Metsa amendment, as amended, to H. F. No. 1444, the third engrossment. The motion prevailed and the amendment, as amended, was adopted.

H. F. No. 1444, A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers, tort claims, and certain contingent appropriations; modifying various provisions related to transportation finance and policy; making technical and clarifying changes; amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 161.44, by adding a subdivision; 168A.01, subdivision 6a; 171.05, subdivision 2, by adding a subdivision; 171.061, subdivision 4; 174.40, by adding a subdivision; 219.1651; 299E.01, subdivisions 2, 3; 398A.10, by adding a subdivision; Laws 2009, chapter 9, section 1; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2012, sections 161.04, subdivision 6; 174.285, subdivision 8.

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

The question was taken on the passage of the bill and the roll was called. There were 101 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abeler

Albright

Allen

Anderson, P.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dehn, R.

Dettmer

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

Paymar

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Spk. Thissen

Abeler

Allen

Anzelc

Atkins

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, S.

Kahn

Kiel

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

O'Driscoll

Paymar

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Theis

Uglem

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen

Abeler

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Persell

Petersburg

Poppe

Pugh

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen