Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9931

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

NINETY-THIRD DAY

 

Saint Paul, Minnesota, Tuesday, April 29, 2014

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Kathy Brynaert, Speaker pro tempore.

 

      Prayer was offered by Bishop Richard D. Howell, Jr., Shiloh Temple, Minneapolis, 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

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

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

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

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

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      FitzSimmons, Garofalo, Kieffer, Leidiger, O'Neill and Woodard were excused.

 

      Paymar was excused until 12:30 p.m.  Falk was excused until 12:35 p.m.  Allen was excused until 1:05 p.m.  Holberg was excused until 1:15 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 - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9932

REPORTS OF CHIEF CLERK

 

      S. F. No. 2336 and H. F. No. 2482, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Atkins moved that S. F. No. 2336 be substituted for H. F. No. 2482 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2398 and H. F. No. 2598, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Halverson moved that the rules be so far suspended that S. F. No. 2398 be substituted for H. F. No. 2598 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2642 and H. F. No. 2829, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Atkins moved that the rules be so far suspended that S. F. No. 2642 be substituted for H. F. No. 2829 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2718 and H. F. No. 2687, 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. 2718 be substituted for H. F. No. 2687 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2887 and H. F. No. 2849, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Garofalo moved that the rules be so far suspended that S. F. No. 2887 be substituted for H. F. No. 2849 and that the House File be indefinitely postponed.  The motion prevailed.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9933

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 2602, A bill for an act relating to crime; clarifying the crime of failure to pay court-ordered support; amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.

 

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

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2881, A bill for an act relating to transportation; railroads; amending regulation of motor carriers of railroad employees; imposing penalties; amending Minnesota Statutes 2012, sections 169.781, subdivision 2; 221.0255.

 

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

 

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

 

      The report was adopted.

 

 

Carlson from the Committee on Ways and Means to which was referred:

 

S. F. No. 2175, A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

Reported the same back with the following amendments:

 

Page 1, line 13, delete "valued in excess of $100,000"

 

Page 1, line 16, delete "an appraiser who holds a"

 

Page 1, delete lines 17 and 18

 

Page 1, line 19, delete "Appraisal Foundation." and insert "a person licensed under chapter 82B as an appraiser for the type of real property being appraised and the appraisal must be done in accordance with the requirements of chapter 82B."

 

Page 1, line 22, after the first period, insert "The appraised value does not include closing, relocation, or other costs authorized by law.  If the real property is appraised at less than $100,000 by the agency and the seller, the agency may pay more than 110 percent of the agency's appraised value but no more than the seller's appraised value."

 

 

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

 

      The report was adopted.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9934

Carlson from the Committee on Ways and Means to which was referred:

 

S. F. No. 2449, A bill for an act relating to natural resources; modifying disposition of certain land and revenue; adding to and deleting from state forests and recreation areas; authorizing public and private sales and exchanges of certain state lands; merging certain state parks; authorizing the purchase of a dam; amending Minnesota Statutes 2012, sections 89.022; 459.06, subdivision 1; 477A.17; Minnesota Statutes 2013 Supplement, section 85.012, subdivision 38a; repealing Minnesota Statutes 2012, section 85.012, subdivision 53a.

 

Reported the same back with the following amendments:

 

Page 1, delete line 13

 

Page 2, delete line 20

 

Page 3, delete lines 1 and 25

 

Page 4, delete lines 5 and 9

 

Page 5, delete line 6

 

Page 8, delete lines 10 and 23

 

Page 9, delete line 13

 

Page 11, delete line 32

 

Page 12, delete lines 16 and 34

 

Page 13, delete line 13

 

Page 15, delete line 12 and insert:

 

"Sec. 25.  PUBLIC SALE OF SURPLUS STATE LAND WITHIN STATE PARK; KITTSON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural resources may sell by public sale the surplus land within Lake Bronson State Park described in paragraph (c).

 

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Kittson County and is described as:  the following lots located in the Lakeside Subdivision Plat, located within the Southeast Quarter of the Northwest Quarter, Section 33, Township 161 North, Range 46 West:

 

(1) Lots 3 and 4, Block 1;

 

(2) Lots 4, 5, 7 to 9, and 13 to 15, Block 4; and

 

(3) Lots 1 to 7 and 12 to 15, Block 5.

 

Containing 2.15 acres, more or less.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9935

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

(e) Proceeds of land sales under this section may be used only to acquire property within Lake Bronson State Park.

 

Sec. 26.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; LAKE OF THE WOODS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Lake of the Woods County may sell the tax-forfeited lands bordering public water that are described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in Lake of the Woods County and are described as:

 

(1) Lot 20 and part of Lot 9, Auditors Plat #2, Section 18, Township 161, Range 33 (PIN No. 62.51.00.200); and

 

(2) part of the Southeast Quarter of the Southeast Quarter, Section 5, Township 159, Range 31 (PIN No. 37.05.44.000).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 27.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARTIN COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Martin County may sell by private sale to the adjoining owner the tax-forfeited land bordering public water that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Martin County and is described as:  PID No. 23.039.1560.

 

(d) The county has determined that the county's land management interests would be best served if the land was returned to private ownership."

 

Page 16, delete line 23

 

Page 17, delete lines 9 and 33

 

Page 18, delete lines 5 and 14

 

Page 20, delete section 33

 

Page 21, delete line 27


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9936

Page 22, delete line 1

 

Page 22, delete line 4 and insert:

 

"Sec. 39.  EFFECTIVE DATE.

 

Sections 1 to 38 are effective the day following final enactment."

 

Renumber the sections in sequence

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2602 and 2881 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 2336, 2398, 2642, 2718, 2887, 2175 and 2449 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House File was introduced:

 

 

Atkins introduced:

 

H. F. No. 3364, A bill for an act relating to liquor; prohibiting powdered alcohol; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

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

 

 

      The Speaker assumed the Chair.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9937

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 2840, A bill for an act relating to local government; authorizing District One Hospital to sell real and personal property; providing for dissolution of a hospital district; repealing Laws 1961, chapter 372, sections 1; 2; Laws 1963, chapter 118, sections 1, as amended; 2, as amended; 3; 4, as amended; 5; 6, as amended; 7; 8; 9; 10; Laws 1996, chapter 471, article 8, sections 19; 20; 21; 22.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

H. F. No. 474, A bill for an act relating to data practices; classifying data related to automated license plate readers; requiring a log of use; requiring data to be destroyed in certain circumstances; providing criminal penalties; amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 13.82, by adding a subdivision; 299C.40, subdivision 4.

 

The Senate has appointed as such committee:

 

Senators Champion, Hayden and Hall.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

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

 

The Senate has appointed as such committee:

 

Senators Latz, Jensen and Newman.

 

Said House File is herewith returned to the House.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9938

Mr. Speaker:

 

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

 

H. F. No. 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.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Mahoney moved that the House concur in the Senate amendments to H. F. No. 2658 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

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 third time, as amended by the Senate, and placed upon its repassage.

 

 

      The question was taken on the repassage of the bill and the roll was called.  There were 123 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

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

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

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

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

Yarusso

Zerwas

Spk. Thissen


 

 

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


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9939

Mr. Speaker:

 

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

 

H. F. No. 1926, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying restoration evaluation requirements; modifying requirements for acquisition of real property with money from legacy funds; modifying previous parks and trails fund appropriation; amending Minnesota Statutes 2012, sections 84.0272, subdivisions 1, 3; 97A.056, subdivision 10, by adding subdivisions.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

      Hansen moved that the House refuse to concur in the Senate amendments to H. F. No. 1926, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Mr. Speaker:

 

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

 

H. F. No. 3072, A bill for an act relating to transportation; modernizing provisions relating to traffic regulations; eliminating certain reporting requirements; distribution of motor vehicle sales tax revenues; eliminating antiquated, unnecessary, and obsolete provisions; making conforming changes; eliminating and extending sunsets; amending Minnesota Statutes 2012, sections 168.021, subdivision 1; 168.056; 168.10, subdivision 1b; 168.12, subdivisions 1, 2, 2b, 2c, 2d, 2e; 168.123, subdivision 1; 168.1235, subdivision 1; 168.124, subdivision 1; 168.125, subdivision 1; 168.1253, subdivision 1; 168.129, subdivision 1; 168.1296, subdivision 1; 168.1298, subdivision 1; 169.685, subdivision 7; 169.751; 171.12, subdivision 6; Laws 2009, chapter 158, section 10, as amended; repealing Minnesota Statutes 2012, sections 168.0422; 168.055; 168A.20, subdivision 1a; 169.11; 169.36; 169.39; 169.725; 169.743; 169.754; 169.78; 169.7961; 169.983; 169A.60, subdivision 18; 171.28; 299D.02; 299D.04; 299D.05; 609B.202; Minnesota Rules, part 7409.4700, subpart 2.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

      Simonson moved that the House refuse to concur in the Senate amendments to H. F. No. 3072, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Mr. Speaker:

 

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

 

S. F. No. 663, A bill for an act relating to state government; making changes to resource recovery provisions; amending Minnesota Statutes 2012, section 115A.15, subdivisions 2, 9, 10.

 

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

 

Senators Johnson, Marty and Osmek.

 

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

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9940

           Johnson, C., moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 663.  The motion prevailed.

 

 

Mr. Speaker:

 

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

 

      S. F. No. 2065.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2065, A bill for an act relating to labor and industry; extending an independent contractor registration pilot project; exempting certain sawmills from high pressure boiler attendance requirements; amending Minnesota Statutes 2012, sections 181.723, subdivisions 4, 4a, 5, 7; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B.

 

The bill was read for the first time.

 

Mahoney moved that S. F. No. 2065 and H. F. No. 2198, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1926:

 

      Hansen, Kahn and McNamara.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 3072:

 

      Simonson, Erhardt and Kiel.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 663:

 

      Johnson, C.; Hornstein and McNamara.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 2214 was reported to the House.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9941

Sawatzky moved to amend H. F. No. 2214, the second engrossment, as follows:

 

Page 12, after line 11, insert:

 

"Sec. 20.  Minnesota Statutes 2012, section 331A.12, is amended to read:

 

331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS.

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision and section 331A.01 apply to this section.

 

(b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day.

 

Subd. 2.  Designation.  At the meeting of the governing body of the local public corporation a political subdivision at which the governing body must designate designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's political subdivision's Web site.  Publication on the Web site may be used in place of or in addition to any other required form of publication.  Each year after designating publication on the Web site for transportation projects, the local public corporation political subdivision must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation political subdivision will publish any advertisements for bids on its Web site.

 

Subd. 3.  Form, time for publication same.  A local public corporation political subdivision that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication.

 

Subd. 4.  Record retention.  A local public corporation political subdivision that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

McNamara and Hornstein moved to amend H. F. No. 2214, the second engrossment, as amended, as follows:

 

Page 8, after line 3, insert:

 

"Sec. 14.  Minnesota Statutes 2012, section 169.87, subdivision 6, is amended to read:

 

Subd. 6.  Recycling and garbage vehicles.  (a) Except as provided in paragraph (b), weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for recycling, while engaged in recycling in a political subdivision that mandates curbside recycling pickup.

 

(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to:  (1) a vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for recycling as described in paragraph (a) , or; (2) a vehicle that does not exceed 14,000 pounds per single axle and is designed and used exclusively for collecting mixed


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9942

municipal solid waste, as defined in section 115A.03, subdivision 21, while engaged in such collection; or (3) a portable toilet service vehicle that does not exceed 26,000 pounds per single axle and is designed and used exclusively for collecting liquid waste, while engaged in such collection.

 

(c) Notwithstanding section 169.80, subdivision 1, a violation of weight restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively for recycling while engaged in recycling in a political subdivision that mandates curbside recycling pickup while engaged in such collection, or by a vehicle that is designed and used exclusively for collecting mixed municipal solid waste as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a portable toilet service vehicle that is designed and used exclusively for collecting liquid waste, while engaged in such collection, is not subject to criminal penalties but is subject to a civil penalty for excess weight under section 169.871.

 

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

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hoppe moved to amend H. F. No. 2214, the second engrossment, as amended, as follows:

 

Page 5, after line 30, insert:

 

"Sec. 9.  Minnesota Statutes 2013 Supplement, section 169.18, subdivision 7, is amended to read:

 

Subd. 7.  Laned highway.  When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

 

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

 

(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation.  The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.

 

(c) Official signs may be erected by a road authority directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and must be erected as appropriate to instruct motorists of the requirements under subdivision 10.  Drivers of vehicles shall obey the directions of every such sign.

 

(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1.

 

(e) A vehicle must be driven in the right-hand lane according to subdivision 10.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9943

Sec. 10.  Minnesota Statutes 2012, section 169.18, subdivision 10, is amended to read:

 

Subd. 10.  Slow-moving Vehicle operation in right-hand lane.  (a) Upon all roadways any, including freeways and expressways as defined in section 160.02, a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall must be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, if safe and practicable to do so, except:

 

(1) when overtaking and passing another vehicle proceeding in the same direction, or;

 

(2) when preparing for a left turn at an intersection or into a private road or driveway, or;

 

(3) when a specific lane is designated and posted for a specific type of traffic;

 

(4) when necessary to enter or exit an expressway, freeway, interstate highway, or other controlled-access highway;

 

(5) when otherwise directed (i) by an official traffic-control device, (ii) by a peace officer, or (iii) in a highway work zone, as defined in section 169.14, subdivision 5d; or

 

(6) when expressly allowed or required by other law.

 

(b) A person who violates paragraph (a) is subject to a fine of $50, which must be deposited as provided in subdivision 13.

 

Sec. 11.  Minnesota Statutes 2012, section 169.18, is amended by adding a subdivision to read:

 

Subd. 13.  Traffic safety education account; appropriation.  (a) A traffic safety education account is established in the special revenue fund.  Notwithstanding sections 299D.03, subdivision 5; 484.841, subdivision 1; 484.85; and 484.90, subdivision 6, the account consists of any fines collected under subdivision 10, and any other money donated, allotted, transferred, or otherwise provided to the account.

 

(b) Money in the account is annually appropriated to the commissioner of public safety, for the State Patrol to conduct traffic safety educational programs, including but not limited to review of traffic regulations and instruction on safe driving behavior.

 

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

 

Page 11, after line 7, insert:

 

"Sec. 19.  Minnesota Statutes 2012, section 171.0705, is amended by adding a subdivision to read:

 

Subd. 9a.  Driver's manual; restricted driving in left lane.  The commissioner shall include in each edition of the driver's manual published by the department after August 1, 2014, instructions relating to the requirement to drive a motor vehicle in the right-hand lane, and the circumstances under which a driver is allowed to drive in the left-most lane of a highway that is divided into more than one lane in the same direction of travel, as provided under section 169.18, subdivision 10."

 

Page 12, after line 11, insert:

 

"Sec. 24.  Minnesota Statutes 2012, section 357.021, subdivision 6, is amended to read:

 

Subd. 6.  Surcharges on criminal and traffic offenders.  (a) Except as provided in this paragraph, the court shall impose and the court administrator shall collect a $75 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other than a violation of a law or ordinance relating to


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9944

vehicle parking, for which there shall be a $12 surcharge.  When a defendant is convicted of more than one offense in a case, the surcharge shall be imposed only once in that case.  In the Second Judicial District, the court shall impose, and the court administrator shall collect, an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge.  The surcharge shall be imposed whether or not the person is sentenced to imprisonment or the sentence is stayed.  The surcharge shall not be imposed when a person is convicted of a petty misdemeanor for which no fine is imposed.

 

(b) If the court fails to impose a surcharge as required by this subdivision, the court administrator shall show the imposition of the surcharge, collect the surcharge, and correct the record.

 

(c) The court may not waive payment of the surcharge required under this subdivision.  Upon a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family, the sentencing court may authorize payment of the surcharge in installments.

 

(d) The court administrator or other entity collecting a surcharge shall forward it to the commissioner of management and budget.

 

(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release.  The chief executive officer shall forward the amount collected to the court administrator or other entity collecting the surcharge imposed by the court.

 

(f) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision.  A surcharge imposed under this paragraph shall be imposed only once per case.

 

(g) The surcharge does not apply to (1) administrative citations issued pursuant to section 169.999, and (2) citations issued under section 169.18, subdivision 10."

 

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 Hoppe amendment and the roll was called.  There were 58 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Benson, M.

Cornish

Daudt

Davids

Davnie

Dean, M.

Dettmer

Dorholt

Drazkowski

Erickson, S.

Fabian

Franson

Gruenhagen

Gunther

Hackbarth

Hamilton

Hoppe

Howe

Huntley

Isaacson

Johnson, B.

Kelly

Kiel

Kresha

Lien

Lohmer

Loon

Mack

Marquart

McDonald

McNamara

Newberger

Nornes

Norton

O'Driscoll

Petersburg

Pugh

Quam

Radinovich

Rosenthal

Sanders

Schoen

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Winkler

Zellers

Zerwas



Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9945

           Those who voted in the negative were:

 


Abeler

Atkins

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Dehn, R.

Dill

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Green

Halverson

Hansen

Hausman

Hertaus

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Paymar

Pelowski

Peppin

Persell

Poppe

Savick

Sawatzky

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Yarusso

Spk. Thissen


 

 

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

 

 

Scott moved to amend H. F. No. 2214, the second engrossment, as amended, as follows:

 

Page 2, after line 19, insert:

 

"Sec. 2.  [160.99] GENERAL PURPOSE LANES.

 

(a) A road authority, including the governing body of a city, may not convert, transfer, or utilize a general purpose lane on a street or highway:

 

(1) for use in intercity passenger rail, commuter rail, or light rail transit; or

 

(2) exclusively for one or more of the following:  bicyclists, pedestrians, bus rapid transit including arterial bus rapid transit, express buses, streetcars, or high-occupancy vehicles.

 

(b) This section does not apply to a shoulder, as defined in section 169.011, subdivision 74, converted to a dynamic shoulder lane that operates as a general purpose lane during certain periods.

 

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

 

Renumber the sections in sequence and correct internal references

 

Amend the title as follows:

 

Page 1, line 5, after "requirements;" insert "limiting conversion of general purpose traffic lanes;"

 

Correct the title numbers accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9946

           The question was taken on the Scott amendment and the roll was called.  There were 56 yeas and 70 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

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Kresha

Lillie

Lohmer

Loon

Mack

McDonald

McNamar

McNamara

Myhra

Newberger

Nornes

O'Driscoll

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Zellers

Zerwas


 

      Those who voted in the negative were:

 


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

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

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

 

 

H. F. No. 2214, A bill for an act relating to transportation; making technical changes to provisions affecting the Department of Transportation; clarifying contracting requirements; modifying U-turn rules; providing bridge inspection authority in certain instances; modifying seasonal load restrictions; modifying Web site requirements to advertise for bids; modifying reporting requirements; modifying appropriations; amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision 1; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87, subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a.

 

 

      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 108 yeas and 18 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9947

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mack

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Benson, M.

Dean, M.

Drazkowski

Erickson, S.

Gruenhagen

Hackbarth

Hertaus

Lohmer

Loon

McDonald

Myhra

Newberger

Peppin

Pugh

Quam

Runbeck

Scott


 

 

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

 

 

      H. F. No. 1984 was reported to the House.

 

 

Mullery moved to amend H. F. No. 1984, the second engrossment, as follows:

 

Page 4, line 15, delete "and"

 

Page 4, after line 15, insert:

 

"(7) the contractor, subcontractor, or related entity has not had a certificate of compliance under section 363A.36 revoked or suspended for failure to make good faith efforts to implement an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals more than once during the three-year period before submitting the verification;

 

(8) the contractor, subcontractor, or related entity has not received a final determination assessing a sanction for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals more than once during the three-year period before submitting the verification; and"

 

Page 4, line 16, delete "(7)" and insert "(9)"

 

Page 4, line 18, delete "(6)" and insert "(8)"

 

Page 5, lines 10 and 12, delete "(7)" and insert "(9)"

 

 

Mullery moved to amend his amendment to H. F. No. 1984, the second engrossment, as follows:

 

Page 1, delete lines 4 to 8 and insert:


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9948

"(7) the contractor, subcontractor, or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended, with the revocation or suspension becoming final because it was upheld by the office of administrative hearings or was not appealed to the office;"

 

 

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

 

 

      The question recurred on the Mullery amendment, as amended, to H. F. No. 1984, the second engrossment.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Zerwas moved to amend H. F. No. 1984, the second engrossment, as amended, as follows:

 

Page 3, line 19, after "entity" insert "repeatedly" and delete "of $25,000 or more"

 

Page 3, line 20, after "projects" insert "for a total underpayment of $25,000 or more"

 

Page 3, line 24, after the semicolon, insert:  "has been found by the commissioner of labor and industry to have repeatedly or willfully violated any section of Minnesota Statutes referenced in this clause pursuant to section 177.27;"

 

Page 3, delete lines 31 to 36

 

Page 4, delete lines 1 to 5

 

Renumber the clauses

 

 

      The motion prevailed and the amendment was adopted.

 

 

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

 

 

      The 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 88 yeas and 39 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anzelc

Atkins

Barrett

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9949

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Sanders

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Anderson, M.

Anderson, P.

Anderson, S.

Beard

Benson, M.

Daudt

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

Franson

Green

Gruenhagen

Hackbarth

Hertaus

Howe

Johnson, B.

Kelly

Kiel

Lohmer

Loon

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

Peppin

Pugh

Quam

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Wills

Zellers


 

 

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

 

 

      H. F. No. 2798 was reported to the House.

 

 

Hansen moved to amend H. F. No. 2798, the first engrossment, as follows:

 

Page 2, line 10, before the period, insert "that has a pollinator protection box on the insecticide product label, or a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the insecticide product label"

 

Page 2, line 12, delete "the day following final enactment" and insert "July 1, 2014"

 

 

Hansen moved to amend his amendment to H. F. No. 2798, the first engrossment, as follows:

 

Page 1, after line 1, insert:

 

"Page 2, line 9, after "it" insert ":  (1)""

 

Page 1, line 2, delete "that" and insert "; (2)"

 

Page 1, line 3, delete the first ", or" and insert "; or (3) has"

 

Page 1, line 4, after "label" insert ".  The commissioner of agriculture must develop a list of pesticide active ingredients that are lethal to pollinators.  The commissioner may consult with interested parties in developing the list"

 

Page 1, line 5, delete "July" and insert "August"

 

 

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

 

 

      The question recurred on the Hansen amendment, as amended, to H. F. No. 2798, the first engrossment.  The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9950

Benson, J., moved to amend H. F. No. 2798, the first engrossment, as amended, as follows:

 

Page 2, line 8, delete "a" and insert "an annual, bedding plant, or other"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 2798, A bill for an act relating to environment; prohibiting plants treated with pollinator lethal insecticide from being labeled or advertised as beneficial to pollinators; amending Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.

 

 

      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 118 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

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

Newton

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Anderson, M.

Daudt

Drazkowski

Erickson, S.

Hackbarth

Hertaus

Johnson, B.

Newberger

Peppin

Scott


 

 

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

 

 

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


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9951

           S. F. No. 1689, A bill for an act relating to insurance; authorizing certain benefits for Minnesota FAIR plan employees; providing certain conforming and technical changes; amending Minnesota Statutes 2012, sections 43A.27, subdivision 2; 65A.35, subdivision 5.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 103 yeas and 23 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davids

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Freiberg

Fritz

Green

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Anderson, M.

Anderson, P.

Anderson, S.

Benson, M.

Daudt

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Franson

Gruenhagen

Hackbarth

Hertaus

Johnson, B.

Myhra

Newberger

Peppin

Pugh

Quam

Runbeck

Scott

Swedzinski

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2405, A bill for an act relating to data practices; classifying checking account numbers as nonpublic data; amending Minnesota Statutes 2013 Supplement, section 13.37, subdivision 1.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9952

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

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

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

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

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

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2622 was reported to the House.

 

 

Hansen moved to amend H. F. No. 2622 as follows:

 

Page 4, after line 9, insert:

 

"Sec. 3.  [473.524] CAPITAL INTENSIVE PUBLIC SERVICES.

 

The council may exercise the authority it had under Minnesota Statutes 2012, sections 471A.01 to 471A.12, for the purposes of fulfilling its wastewater services responsibilities under sections 473.501 to 473.549.  The wastewater facilities designed or built under the authority provided by Minnesota Statutes 2012, sections 471A.01 to 471A.12, deemed necessary by the council to accomplish its responsibilities under chapter 473 must remain under the ownership of the council.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 2622, as amended, was read for the third time.

 

 

LAY ON THE TABLE

 

      Hansen moved that H. F. No. 2622, as amended, be laid on the table.  The motion prevailed.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9953

           S. F. No. 1246, A bill for an act relating to public safety; traffic regulations; clarifying requirements pertaining to collisions; making a terminology change; amending Minnesota Statutes 2012, sections 169.09; 609.21, subdivision 1.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 124 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

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

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

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

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Drazkowski

Hertaus

Pugh


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2912, A bill for an act relating to liens; regulating liens on personal property; providing for the sale of a motor vehicle held by a licensed dealer; amending Minnesota Statutes 2012, section 514.21.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 119 yeas and 7 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davnie


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9954

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

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

Kiel

Kresha

Laine

Lenczewski

Lesch

Lien

Lillie

Loeffler

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

O'Driscoll

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

Urdahl

Ward, J.A.

Ward, J.E.

Wills

Winkler

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Abeler

Anderson, P.

Davids

Fritz

Liebling

Newberger

Uglem


 

 

      The bill was passed and its title agreed to.

 

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 2733, A bill for an act relating to natural resources; modifying all-terrain vehicle and off-highway motorcycle provisions; providing for certain regulatory efficiencies; modifying invasive species provisions; modifying definition of snowmobile; prohibiting tampering with off-road recreational vehicle odometers; modifying use of forest trails; modifying outdoor recreation system provisions; modifying Water Law; modifying forestry provisions; modifying provision related to environmental impact statements; amending Minnesota Statutes 2012, sections 17.4982, subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.791, subdivision 4; 84.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 3; 84.926, subdivision 4; 84D.01, subdivisions 8, 8b, 13, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 89A.02; 89A.03, subdivisions 1, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; 97C.821; 103E.065; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.287, subdivision 2; 103G.305, subdivision 1; 103G.615, subdivision 3a; 116D.04, subdivision 2a; 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 3, 4, 6; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10, subdivision


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9955

4; 84D.105, subdivision 2; 103C.311, subdivision 2; 103G.287, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

      Dill moved that the House refuse to concur in the Senate amendments to H. F. No. 2733, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

Mr. Speaker:

 

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

 

H. F. No. 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; appropriating money; amending Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

      Murphy, E., moved that the House refuse to concur in the Senate amendments to H. F. No. 2576, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2576:

 

      Melin, Hilstrom and Cornish.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2733:

 

      Dill, Fischer and Hackbarth.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Murphy, E., from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Thursday, May 1, 2014 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 2047 and 2608; H. F. No. 2724; S. F. Nos. 2312 and 2103; and H. F. Nos. 3241 and 2434.


Journal of the House - 93rd Day - Tuesday, April 29, 2014 - Top of Page 9956

MOTIONS AND RESOLUTIONS

 

 

      Clark moved that the name of Beard be added as an author on H. F. No. 348.  The motion prevailed.

 

      Woodard moved that the name of Fabian be added as an author on H. F. No. 1934.  The motion prevailed.

 

      Atkins moved that the name of Newton be added as an author on H. F. No. 2288.  The motion prevailed.

 

      Mahoney moved that the names of Pugh and Hansen be added as authors on H. F. No. 2722.  The motion prevailed.

 

      Lesch moved that the name of Pugh be added as an author on H. F. No. 2925.  The motion prevailed.

 

      Zellers moved that the name of Dettmer be added as an author on H. F. No. 3358.  The motion prevailed.

 

 

ADJOURNMENT

 

      Murphy, E., moved that when the House adjourns today it adjourn until 10:00 a.m., Wednesday, April 30, 2014.  The motion prevailed.

 

      Murphy, E., moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 10:00 a.m., Wednesday, April 30, 2014.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives