Journal of the House - 96th Day - Friday, May 2, 2014

A quorum was present.

Abeler; Albright; Anderson, M.; FitzSimmons; Garofalo; Hoppe; Howe; Mack; McDonald; Moran; Petersburg; Scott and Thissen were excused.

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

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10042

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 30, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. Nos. 2746, 2658 and 2840.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

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

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2014

Date Filed

2014

2245 179 9:48 a.m. April 30 April 30

2571 180 9:48 a.m. April 30 April 30

2746 181 9:51 a.m. April 30 April 30

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10043

2658 182 9:52 a.m. April 30 April 30

2840 183 9:54 a.m. April 30 April 30

1689 184 9:59 a.m. April 30 April 30

Sincerely,

Mark Ritchie

Secretary of State

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 1, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. Nos. 2217, 859, 892, 2605, 2213 and 2874.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2014

Date Filed

2014

1246 186 9:34 a.m. May 1 May 1

2217 187 9:35 a.m. May 1 May 1

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10044

859 188 9:35 a.m. May 1 May 1

892 189 9:36 a.m. May 1 May 1

2605 190 9:38 a.m. May 1 May 1

2213 191 9:38 a.m. May 1 May 1

2874 192 9:40 a.m. May 1 May 1

2066 193 9:41 a.m. May 1 May 1

Sincerely,

Mark Ritchie

Secretary of State

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Clark; Kahn; Loeffler; Abeler; Davids; Johnson, S.; Masin; Dehn, R.; Hamilton; Liebling; Norton; Faust; Davnie and Hornstein introduced:

H. F. No. 3368, A resolution memorializing the President and Congress concerning the detention and torture of the Somali people in Kenya.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Freiberg, Metsa, Simonson, Liebling, Halverson, Dorholt, Kahn, Isaacson and Ward, J.A., introduced:

H. F. No. 3369, A bill for an act relating to health; requiring child-resistant packaging for electronic delivery devices; proposing coding for new law in Minnesota Statutes, chapter 461.

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

Speaker pro tempore Hortman assumed the Chair.

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. 2660, A bill for an act relating to courts; amending partial payment or reimbursement of costs from a party proceeding in forma pauperis; amending Minnesota Statutes 2012, section 563.01, subdivision 3, by adding a subdivision.

JoAnne M. Zoff, Secretary of the Senate

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10045

Mr. Speaker:

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

S. F. Nos. 511 and 2614.

JoAnne M. Zoff, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 511, A bill for an act relating to health; improving access to health care delivered by advanced practice registered nurses; providing penalties; providing for an advisory council; appropriating money; amending Minnesota Statutes 2012, sections 148.171, subdivisions 3, 5, 9, 10, 11, 13, 16, 17, 21, by adding subdivisions; 148.181, subdivision 1; 148.191, subdivision 2; 148.211, subdivision 2, by adding subdivisions; 148.231, subdivisions 1, 4, 5; 148.233, subdivision 2; 148.234; 148.235, by adding subdivisions; 148.251, subdivision 1; 148.261, subdivision 1; 148.262, subdivisions 1, 2, 4; 148.281, subdivision 1, by adding a subdivision; 148.283; 151.01, subdivision 23; 152.12; Minnesota Statutes 2013 Supplement, section 148.271; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2012, sections 148.171, subdivision 6; 148.235, subdivisions 1, 2, 2a, 4, 4a, 4b, 6, 7; 148.243, subdivision 8; 148.284.

The bill was read for the first time.

Schoen moved that S. F. No. 511 and H. F. No. 435, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2614, A bill for an act relating to transportation; removing length limit of certain connector highways; allowing one-week bid advertisement period for certain trunk highway contracts; amending Minnesota Statutes 2012, sections 161.261, subdivisions 1, 2; 161.32, subdivision 4.

The bill was read for the first time.

Masin moved that S. F. No. 2614 and H. F. No. 3038, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

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

CALENDAR FOR THE DAY

S. F. No. 2466 was reported to the House.

Atkins moved to amend S. F. No. 2466, the second engrossment, as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2288, the third engrossment:

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"Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read:

Subd. 3. Records concerning electronic communication service or remote computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications covered by subdivision 1 or 2, to any person other than a governmental entity.

(b) Except as provided in section 626A.42, a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of the service, not including the contents of communications covered by subdivision 1 or 2, to a governmental entity only when the governmental entity:

(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena;

(2) obtains a warrant;

(3) obtains a court order for such disclosure under subdivision 4; or

(4) has the consent of the subscriber or customer to the disclosure.

(c) A governmental entity receiving records or information under this subdivision is not required to provide notice to a subscriber or customer.

Sec. 2. [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION.

Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.

(b) An "adverse result" occurs when notification of the existence of a court order results in:

(1) danger to the life or physical safety of an individual;

(2) a flight from prosecution;

(3) the destruction of or tampering with evidence;

(4) the intimidation of potential witnesses; or

(5) serious jeopardy to an investigation or undue delay of a trial.

(d) "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.

(e) "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.

(f) "Location information" means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device.

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(g) "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.

(h) "Remote computing service" has the meaning given in section 626A.34.

Subd. 2. Court order required for location information. (a) Except as provided in paragraph (b), a government entity may not obtain the location information of an electronic device without a court order. A court order granting access to location information must be issued only if the government entity shows that there is probable cause the person who possesses an electronic device is committing, has committed, or is about to commit a crime.

(b) A government entity may obtain location information without a court order:

(1) when the electronic device is reported lost or stolen by the owner;

(2) in order to respond to the user's call for emergency services;

(3) with the informed, affirmative, documented consent of the owner or user of the electronic device;

(4) with the informed, affirmative consent of the legal guardian or next of kin of the owner or user if the owner or user is believed to be deceased or reported missing and unable to be contacted; or

(5) in an emergency situation that involves the risk of death or serious physical harm to a person who possesses an electronic communications device pursuant to sections 237.82 and 237.83.

Subd. 3. Time period and extensions. (a) A court order issued under this section must authorize the collection of location information for a period not to exceed 60 days, or the period of time necessary to achieve the objective of the authorization, whichever is less.

(b) Extensions of a court order may be granted, but only upon an application for an order and upon the judicial finding required by subdivision 2. The period of extension must be for a period not to exceed 60 days, or the period of time necessary to achieve the objective for which it is granted, whichever is less.

(c) Paragraphs (a) and (b) apply only to court orders issued for the contemporaneous collection of electronic device location information.

Subd. 4. Notice; temporary nondisclosure of order. (a) Within a reasonable time but not later than 90 days after the court unseals the order under this subdivision, the issuing or denying judge shall cause to be served on the persons named in the order and the application an inventory which shall include notice of:

(1) the fact of the issuance of the order or the application;

(2) the date of the issuance and the period of authorized, approved, or disapproved collection of location information, or the denial of the application; and

(3) the fact that during the period location information was or was not intercepted.

(b) An order authorizing collection of location information must direct that:

(1) the order be sealed for a period of 90 days or until the objective of the order has been accomplished, whichever is shorter; and

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10048

(2) the order be filed with the court administrator within ten days of the expiration of the order.

(c) The prosecutor may request that the order, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the order may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.

(d) The order must direct that following the commencement of any criminal proceeding utilizing evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs. Until such filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge's designee.

Subd. 5. Report concerning collection of location information. (a) At the same time as notice is provided under subdivision 4, the issuing or denying judge shall report to the state court administrator:

(1) the fact that an order or extension was applied for;

(2) the fact that the order or extension was granted as applied for, was modified, or was denied;

(3) the period of collection authorized by the order, and the number and duration of any extensions of the order;

(4) the offense specified in the order or application, or extension of an order;

(5) whether the collection required contemporaneous monitoring of an electronic device's location; and

(6) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application.

(b) On or before November 15 of each even-numbered year, the state court administrator shall transmit to the legislature a report concerning: (1) all orders authorizing the collection of location information during the two previous calendar years; and (2) all applications that were denied during the two previous calendar years. Each report shall include a summary and analysis of the data required to be filed under this subdivision. The report is public and must be available for public inspection at the Legislative Reference Library and the state court administrator's office and Web site."

Delete the title and insert:

"A bill for an act relating to public safety; requiring law enforcement to secure a court order in order to receive cell phone tracking data; amending Minnesota Statutes 2012, section 626A.28, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 626A."

The motion prevailed and the amendment was adopted.

Lesch moved to amend S. F. No. 2466, the second engrossment, as amended, as follows:

Page 1, after line 6, insert:

"Section 1. [3.8844] LEGISLATIVE COMMISSION ON INTELLIGENCE AND TECHNOLOGY.

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10049

Subdivision 1. Established. The Legislative Commission on Intelligence and Technology is created to study and make recommendations on issues relating to the effect of emerging technology on privacy. The commission has investigatory and oversight jurisdiction over government surveillance programs and technology, including subpoena power.

Subd. 2. Membership. The commission consists of three senators appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration, and three members of the house of representatives appointed by the speaker. One member from each chamber must be from the minority party in that chamber. Each appointing authority must make appointments as soon as possible after the beginning of the regular legislative session in the odd-numbered year. Each member of the commission must take an oath, swearing to faithfully discharge the duties of members of the commission in compliance with the laws governing the commission.

Subd. 3. Terms; vacancies. Members of the commission serve for terms beginning upon appointment and ending at the beginning of the regular legislative session in the next odd-numbered year. The appropriate appointing authority must fill a vacancy for the remainder of the unexpired term.

Subd. 4. Officers. The commission must elect a chair and vice-chair and may elect other officers as it determines are necessary. The chair alternates between a member of the senate and a member of the house of representatives in January of each odd-numbered year.

Subd. 5. Staff. Legislative staff must provide administrative and research assistance to the commission.

Subd. 6. Meetings; data. Notwithstanding any other laws or legislative rules to the contrary, the commission may determine that a meeting will not be open to the public. Notwithstanding any contrary provision of chapter 13 or other law, the commission may require a law enforcement official to disclose not public data to the commission, as the commission determines is necessary for performance of the commission's duties. If data provided to the commission is disseminated by the commission or its members or agents in violation of section 13.05, subdivision 4, the commission is subject to liability under section 13.08, subdivisions 1 and 3. Disclosure of not public data by a member of the commission is grounds for an ethics complaint to the committee with jurisdiction over ethics in the house in which the member serves.

Subd. 7. Subpoena power. The chair, vice-chair, or a member of the commission designated by the chair may issue subpoenas requiring the appearance of persons, production of relevant records, and the giving of relevant testimony on matters within the jurisdiction of the commission. The person issuing the subpoena may request the issuance of an attachment to compel the attendance of a witness who, having been duly subpoenaed to attend, fails to do so. Section 3.153 applies to issuance of subpoenas under this section, except as otherwise provided in this section.

EFFECTIVE DATE. This section is effective the day following final enactment. Appointing authorities must make initial appointments by June 1, 2014. The speaker of the house of representatives must designate one member of the commission to convene the first meeting of the commission by June 15, 2014."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Drazkowski moved to amend the Lesch amendment to S. F. No. 2466, the second engrossment, as amended, as follows:

Page 1, line 18, after the period, insert "Minnesota Statutes, section 3.253, applies to members of the commission."

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

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10050

Lesch withdrew his amendment, as amended, to S. F. No. 2466, the second engrossment, as amended.

S. F. No. 2466, A bill for an act relating to public safety; requiring law enforcement to secure a tracking warrant in order to receive cell phone tracking data; amending Minnesota Statutes 2012, section 626A.28, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 626A.

The bill was read for the 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 120 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Journal of the House - 96th Day - Friday, May 2, 2014 - Top of Page 10055

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Fritz

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

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

McNamar

McNamara

Melin

Metsa

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

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

Woodard

Yarusso

Zellers

Zerwas