STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
THIRTY-FIRST
DAY
Saint Paul, Minnesota, Thursday, March 19, 2015
The House of Representatives convened at
3:30 p.m. and was called to order by Greg Davids, Speaker pro tempore.
Prayer
was offered by Father Jon Kelly, St. John Vianney Seminary, University of St.
Thomas, St. Paul, 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:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Kelly, Lesch, Mack and Peppin 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.
PETITIONS
AND COMMUNICATIONS
The following communications were received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
March 17, 2015
The Honorable Kurt Daudt
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Daudt:
Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:
H. F. No. 8, relating to human services; updating child protection provisions.
Sincerely,
Mark
Dayton
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
I have the honor to inform you that the following enrolled Act of the 2015 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2015 |
Date Filed 2015 |
8 4 1:57 p.m. March 17 March 17
Sincerely,
Steve
Simon
Secretary of State
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 5, A bill for an act relating to MNsure; requiring the commissioner of commerce to seek federal approval to allow the purchase of qualified health plans and the receipt of premium tax credits and cost-sharing reductions outside of MNsure; imposing a salary limit; specifying approval rates for certain health plans; requiring health carrier notification of enrollment information; providing an option of individual coverage through MNsure; prohibiting certain product lines; requiring a proposal to expand access to the small business health care tax credit; making changes to the organization of MNsure; requiring background checks on navigators operating in MNsure; removing certain exemptions; amending Minnesota Statutes 2014, sections 15A.0815, subdivision 3; 62A.02, subdivisions 2, 8; 62V.03, subdivision 2; 62V.04, subdivisions 1, 2, 4; 62V.05, subdivisions 1, 4, 5, 6, by adding subdivisions; 62V.11, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62V.
Reported the same back with the following amendments:
Page 2, delete lines 27 to 34 and insert:
"(c) For coverage to begin on or after January 1, 2016, and each January 1 thereafter, health plans in the individual and small group markets that are not grandfathered plans to be offered outside of MNsure and qualified health plans to be offered inside MNsure must receive rate approval from the commissioner no later than 30 days prior to the beginning of the annual open enrollment period for MNsure. Premium rates for all carriers in the applicable market for the next calendar year must be made available to the public by the commissioner only after all rates for the applicable market are final and approved. Final and approved rates must be publicly released at a uniform time for all individual and small group health plans that are not grandfathered plans to be offered outside MNsure and qualified health plans to be offered inside MNsure, and no later than 30 days prior to the beginning of the annual open enrollment period for MNsure."
Page 3, delete section 4
Page 5, line 4, strike "both" and strike everything after "senate"
Page 5, line 5, strike "paragraph (d)"
Page 5, line 11, strike "both"
Page 5, line 12, strike everything after "senate"
Page 5, strike lines 26 to 29
Page 5, line 30, strike "(e)"
Page 5, line 31, before "One" insert "(d)"
Page 5, line 34, delete "(f)" and insert "(e)"
Page 13, line 1, delete "7" and insert "6"
Page 13, after line 23, insert:
"Sec. 20. CONFIRMATION
DEADLINE.
Members of the MNsure board on the effective date of this section and new members appointed as required by section 6 are subject to confirmation by the senate. If any of these members is not confirmed by the senate before adjournment sine die of the 2016 regular session, the appointment of that member to the board terminates on the day following adjournment sine die."
Page 13, line 25, delete "19" and insert "18 and 20"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 49, A bill for an act relating to natural resources; modifying Blufflands Trail system; amending Minnesota Statutes 2014, section 85.015, subdivision 7.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 243, A bill for an act relating to transportation; establishing purple heart designation on driver's licenses and Minnesota identification cards; providing for state park permits; amending Minnesota Statutes 2014, sections 85.053, by adding a subdivision; 171.07, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 10, delete "an annual park permit or"
With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 321, A bill for an act relating to health occupations; providing for an interstate medical licensure compact project; proposing coding for new law in Minnesota Statutes, chapter 147.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:
H. F. No. 323, A bill for an act relating to employment; modifying payment of wages and payroll and payroll deductions; amending Minnesota Statutes 2014, sections 181.06, subdivision 2; 181.101.
Reported the same back with the following amendments:
Page 2, line 18, after "10," insert "a member of an organized first responder squad that is formally recognized by a political subdivision in the state," and delete "attendant," and insert "attendant"
Page 2, line 19, after "firefighter" insert ", first responder,"
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 328, A bill for an act relating to securities regulation; providing an exemption from regulation for crowdfunding transactions; proposing coding for new law in Minnesota Statutes, chapter 80A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Nornes from the Committee on Higher Education Policy and Finance to which was referred:
H. F. No. 384, A bill for an act relating to education; making school year-long student teaching programs part of teacher preparation; appropriating money; amending Minnesota Statutes 2014, section 122A.09, subdivision 4.
Reported the same back with the following amendments:
Page 2, line 15, after "must" insert "use the MnSCU program model to"
Page 4, line 17, delete "the day following final enactment" and insert "for the 2016-2017 school year and later"
Page 4, delete section 2 and insert:
"Sec. 2. SCHOOL
YEAR-LONG STUDENT TEACHER PROGRAM GRANTS; APPROPRIATION.
$400,000 in fiscal year 2016 is
appropriated from the general fund to the Minnesota State Colleges and
Universities Board of Trustees to award up to two grants to system institutions
with a Board of Teaching-approved teacher preparation program to provide a
school year-long student teaching program pilot, consistent with the student
teaching program requirements under Minnesota Statutes, section 122A.09,
subdivision 4, paragraph (d). The Board
of Trustees must report to the K-12 and higher education committees of the
legislature by March 1, 2017, on the experiences of the grant recipients and
the student teachers with the school year-long student teaching program.
EFFECTIVE DATE. This section is effective July 1, 2016."
With the recommendation that when so amended the bill be re-referred to the Committee on Education Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 445, A bill for an act relating to health; providing patients with specific notices; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Page 1, line 13, delete ", Medicaid,"
Page 1, line 14, delete "or private insurance"
Page 1, line 14, delete everything after "for" and insert a colon
Page 1, delete lines 15 and 16 and insert:
"(i) hospital services, including
medications and pharmaceutical supplies; or
(ii) home or community-based care or care at a skilled nursing facility upon the patient's discharge; and"
Page 1, delete lines 22 and 23
Page 2, delete lines 1 and 2 and insert:
"(b) The hospital shall document the date in the patient's record that the notice required in paragraph (a) was provided to the patient, the patient's designated representative such as the patient's health care agent, legal guardian, conservator, or another person acting as the patient's representative."
Page 2, line 6, delete everything after "of" and insert a colon
Page 2, delete lines 7 to 9 and insert:
"(i) the likelihood of the patient
needing posthospital services and of the availability of those services; and
(ii) the patient's capacity for self-care or the possibility of the patient being cared for in the environment from which he or she entered the hospital;"
Page 2, lines 10 and 13, delete "item" and insert "clause"
Page 2, line 17, after the semicolon, insert "and"
Page 2, line 19, delete everything after the period and insert "The hospital must provide a list of available Medicare eligible home care agencies or skilled nursing facilities that serve the patient's geographic area, or other area requested by the patient if such care or placement is indicated and appropriate. Once the patient has designated their preferred providers, the hospital will assist the patient in securing care covered by their health plan or within the care network. The hospital must not specify or otherwise limit the qualified providers that are available to the patient."
Page 2, delete lines 20 to 28
Page 2, line 29, delete "medical"
Page 2, line 30, delete "; and" and insert a period
Page 2, delete lines 31 to 35
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Nornes from the Committee on Higher Education Policy and Finance to which was referred:
H. F. No. 488, A bill for an act relating to state government; ratifying labor agreements and compensation plans.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The report was adopted.
Anderson, S., from the Committee on State Government Finance to which was referred:
H. F. No. 546, A bill for an act relating to state government; permitting a government entity to release certain military release forms to another government entity for a limited purpose; amending Minnesota Statutes 2014, section 196.08.
Reported the same back with the following amendments:
Page 2, line 13, after "government" insert "veteran service"
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 564, A bill for an act relating to human services; modifying reimbursement rates for intermediate care facilities for persons with developmental disabilities and home and community-based services providers; amending Minnesota Statutes 2014, section 256B.5012, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256B.
Reported the same back with the following amendments:
Page 2, line 13, delete "75" and insert "90"
Page 3, line 15, delete "that is"
Page 3, line 16, delete everything before the comma
Page 5, line 20, delete "75" and insert "90"
Page 6, line 29, delete "that is subject"
Page 6, line 30, delete everything before the comma
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 606, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; requiring a licensing fee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 614, A bill for an act relating to long-term care; providing for long-term care workforce needs; providing for employee scholarships and loan forgiveness; modifying nursing facility rate provisions; appropriating money; amending Minnesota Statutes 2014, sections 144.1501, subdivisions 1, 2, 3; 256B.431, subdivision 36; 256B.441, subdivisions 13, 53, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 688, A bill for an act relating to taxation; income; establishing a new markets tax credit program; authorizing rulemaking; requiring a report; appropriating money; amending Minnesota Statutes 2014, section 297I.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota Statutes, chapter 116X.
Reported the same back with the following amendments:
Page 6, line 25, delete "The"
Page 6, delete lines 26 and 27
Amend the title as follows:
Page 1, line 3, delete "authorizing rulemaking;"
With the recommendation that when so amended the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 778, A bill for an act relating to health; establishing a statewide initiative for early dental prevention; establishing grants for dental chair expansion; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Page 1, line 13, delete "brushing and"
Page 1, line 14, after "techniques" insert "and feeding habits"
Page 1, after line 21, insert:
"(e) The commissioner shall, with input from stakeholders listed in paragraph (d), develop and pilot incentives to encourage early dental care within one year of an infant's teeth erupting."
Page 1, line 22, delete "CHAIR" and insert "OPERATORY"
Page 2, line 2, delete "community" and insert "nonprofit"
Page 2, line 3, delete "chair" and insert "operatory"
Page 2, line 5, delete "chair" and insert "operatory" and after "or" insert "dental" and delete "located within a health" and insert "designated as a critical access dental provider under section 256B.76, subdivision 4"
Page 2, delete line 6
Page 2, line 7, delete everything before the semicolon
Page 2, line 12, after the period, insert "Grants may be awarded to an expansion already in progress and an applicant may apply for more than one expansion grant."
Page 2, after line 12, insert:
"(c) The maximum award per expansion grant shall be no more than 33 percent of the total costs for a given project expansion, including site acquisition, design, construction, and equipment costs. An applicant shall describe in its application how proposed new operatories and dental equipment will be used to expand services to state public program enrollees and other uninsured and underinsured patients in underserved communities. A priority will be placed on applicants that can demonstrate that the expansion will address a high regional need for dental care. The commissioner shall consider the applicant's history, if any, of successful expansions."
Page 2, line 13, delete "CHAIR" and insert "OPERATORY"
Page 2, line 19, delete "chair" and insert "operatory"
Amend the title as follows:
Page 1, line 3, delete "chair" and insert "operatory"
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 783, A bill for an act relating to public safety; expanding fourth-degree assault protections to employees supervising and working directly with mentally ill and dangerous patients; amending Minnesota Statutes 2014, section 609.2231, subdivision 3a.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 792, A bill for an act relating to health records; adding adult children of a deceased patient to the definition of patient; amending Minnesota Statutes 2014, section 144.291, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Reform.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 834, A bill for an act relating to environment; prohibiting sale of certain personal care products containing synthetic plastic microbeads; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 840, A bill for an act relating to elections; modifying various provisions related to election administration, including provisions related to school districts, voters, ballots, candidates, and other election related provisions; making technical changes; amending Minnesota Statutes 2014, sections 123B.09, subdivision 1; 200.02, by adding subdivisions; 201.071, subdivision 1; 201.158; 203B.07, subdivision 1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 203B.17, subdivision 1; 204B.06, subdivision 1b; 204B.19, subdivision 6; 204B.45, subdivision 2; 204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.35, subdivisions 1, 2; 204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.27, subdivision 11; 209.021, subdivisions 2, 3; 209.09, subdivision 2; repealing Minnesota Statutes 2014, sections 204B.14, subdivision 6; 204C.30, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
ELECTION ADMINISTRATION
Section 1. Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read:
Subdivision 1. School board membership. The care, management, and control of independent districts is vested in a board of directors, to be known as the school board. The term of office of a member shall be four years commencing on the first Monday in January and until a successor qualifies. The membership of the board shall consist of six elected directors together with such ex officio member as may be provided by law. The board may submit to the electors at any school election the question whether the board shall consist of seven members. If a majority of those voting on the proposition favor a seven-member board, a seventh member shall be elected at the next election of directors for a four-year term and thereafter the board shall consist of seven members.
Those districts with a seven-member board
may submit to the electors at any school election at least 150 days before the
next election of three members of the board the question whether the board
shall consist of six members. If a
majority of those voting on the proposition favor a six-member board instead of
a seven-member board, two three members instead of three four
members shall be elected at the next election of the board of directors and
thereafter the board shall consist of six members.
Sec. 2. Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read:
Subd. 7. Major political party. (a) "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and that has presented at least one candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general at the last preceding state general election for those offices; or
(2) presidential elector or U.S. senator at the last preceding state general election for presidential electors; and
whose candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election.
(b) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and that has presented at least 45 candidates for election to the office of state representative, 23 candidates for election to the office of state senator, four candidates for election to the office of representative in Congress, and one candidate for election to each of the following offices: governor and lieutenant governor, attorney general, secretary of state, and state auditor, at the last preceding state general election for those offices.
(c) "Major political party" also
means a political party that maintains a party organization in the state,
political subdivision, or precinct in question and whose members present to the
secretary of state at any time before the close of filing for the state
partisan primary ballot a petition for a place on the state partisan primary
ballot, which petition contains valid signatures of a number of the
party members equal to at least five percent of the total number of individuals
who voted in the preceding state general election. A signature is valid only if signed no
more than one year prior to the date the petition was filed.
(d) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (a) or a political party that presents candidates at an election as required by paragraph (b) becomes a major political party as of January 1 following that election and retains its major party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (a) or fails to present candidates as required by paragraph (b) at subsequent state general elections.
(e) A major political party whose candidates fail to receive the number and percentage of votes required under paragraph (a) and that fails to present candidates as required by paragraph (b) at each of two consecutive state general elections described by paragraph (a) or (b), respectively, loses major party status as of December 31 following the later of the two consecutive state general elections.
Sec. 3. Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read:
Subd. 23. Minor political party. (a) "Minor political party" means a political party that has adopted a state constitution, designated a state party chair, held a state convention in the last two years, filed with the secretary of state no later than December 31 following the most recent state general election a certification that the party has met the foregoing requirements, and met the requirements of paragraph (b) or (e), as applicable.
(b) To be considered a minor party in all elections statewide, the political party must have presented at least one candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state, state auditor, or attorney general, at the last preceding state general election for those offices; or
(2) presidential elector or U.S. senator at the preceding state general election for presidential electors; and
(3) who received votes in each
county that in the aggregate equal at least one percent of the total number of
individuals who voted in the election, or its members must have presented to
the secretary of state at any time before the close of filing for the state
partisan primary ballot a nominating petition in a form prescribed by the
secretary of state containing the valid signatures of party members in a
number equal to at least one percent of the total number of individuals who
voted in the preceding state general election.
A signature is valid only if signed no more than one year prior to
the date the petition was filed.
(c) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (b) becomes a minor political party as of January 1 following that election and retains its minor party status for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (b) at subsequent state general elections.
(d) A minor political party whose candidates fail to receive the number and percentage of votes required under paragraph (b) at each of two consecutive state general elections described by paragraph (b) loses minor party status as of December 31 following the later of the two consecutive state general elections.
(e) A minor party that qualifies to be a
major party loses its status as a minor party at the time it becomes a major
party. Votes received by the candidates
of a major party must be counted in determining whether the party received
sufficient votes to qualify as a minor party, notwithstanding that the party
does not receive sufficient votes to retain its major party status. To be considered a minor party in an election
in a legislative district, the political party must have presented at least one
candidate for a legislative office in that district who received votes from at
least ten percent of the total number of individuals who voted for that office,
or its members must have presented to the secretary of state a nominating
petition in a form prescribed by the secretary of state containing the valid
signatures of party members in a number equal to at least ten percent of the
total number of individuals who voted in the preceding state general election
for that legislative office. A
signature is valid only if signed no more than one year prior to the date the
petition was filed.
Sec. 4. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision to read:
Subd. 27. Partisan
offices. "Partisan
offices" means federal offices, presidential electors, constitutional
offices, and legislative offices.
Sec. 5. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision to read:
Subd. 28. Nonpartisan
offices. "Nonpartisan
offices" means all judicial, county, municipal, school district, and
special district offices.
Sec. 6. Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read:
Subdivision 1. Form. Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence; and
(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
A paper voter registration application
must be of suitable size and weight for mailing. The form of the voter registration
application and the certification of voter eligibility must be as provided in
this subdivision and approved by the secretary of state. Voter registration forms authorized by the
National Voter Registration Act must also be accepted as valid. The federal postcard application form must
also be accepted as valid if it is not deficient and the voter is eligible to
register in Minnesota.
An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.
Sec. 7. Minnesota Statutes 2014, section 201.158, is amended to read:
201.158
USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
As required by the Help America Vote Act of 2002, Public Law 107-252, the commissioner of public safety shall make electronic data on citizenship available to the secretary of state. The secretary of state must determine whether the data newly indicates that any individuals who have active records in the statewide voter registration system are not citizens. The secretary of state shall prepare a list of those voters for each county auditor at least monthly. The county auditor shall change the status of those registrants in the statewide voter registration system to reflect that they are challenged based upon their citizenship and must notify the county attorney.
In 2010, the secretary of state must
make the determination and provide lists to the county auditors between 30 and
60 days before the general election and again between six and ten weeks after
the election. In 2011, the secretary of
state must make this determination again as part of the annual list maintenance. By August 1, 2012, the secretary of state
must provide electronic lists to the counties at least monthly.
Sec. 8. Minnesota Statutes 2014, section 201.275, is amended to read:
201.275
INVESTIGATIONS; PROSECUTIONS.
(a) A law enforcement agency that
is notified by affidavit of an alleged violation of this chapter shall promptly
investigate. Upon receiving an affidavit
alleging a violation of this chapter, a county attorney shall promptly forward
it to a law enforcement agency with jurisdiction for investigation. If there is probable cause for instituting a
prosecution, the county attorney shall proceed by complaint or present the
charge, with whatever evidence has been found, to the grand jury according
to the generally applicable standards regarding the prosecutorial functions and
duties of a county attorney, provided that the county attorney is not required
to proceed with the prosecution if the complainant withdraws the allegation. A county attorney who refuses or
intentionally fails to faithfully perform this or any other duty imposed by
this chapter is guilty of a misdemeanor and upon conviction shall forfeit
office. The county attorney, under
the penalty of forfeiture of office, shall prosecute all violations of this
chapter except violations of this section; if, however, a complainant withdraws
an allegation under this chapter, the county attorney is not required to
proceed with the prosecution.
(b) Willful violation of this chapter
by any public employee constitutes just cause for suspension without pay or
dismissal of the public employee.
(c) Where the matter relates to a voter registration application submitted electronically through the secure Web site established in section 201.061, subdivision 1, alleged violations of this chapter may be investigated and prosecuted in the county in which the individual registered or attempted to register.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read:
Subdivision 1. Delivery of envelopes, directions. The county auditor or the municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and a copy of the directions for casting an absentee ballot to each applicant whose application for absentee ballots is accepted pursuant to section 203B.04. The county auditor or municipal clerk shall provide first class postage for the return envelope. The directions for casting an absentee ballot shall be printed in at least 14-point bold type with heavy leading and may be printed on the ballot envelope.
When
a person requests the directions in Braille or on cassette tape audio
file, the county auditor or municipal clerk shall provide them in the form
requested. The secretary of state shall
prepare Braille and cassette audio file copies and make them
available.
When a voter registration application is sent to the applicant as provided in section 203B.06, subdivision 4, the directions or registration application shall include instructions for registering to vote.
Sec. 10. Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read:
Subdivision 1. Marking
and return by voter. An eligible
voter who receives absentee ballots as provided in this chapter shall mark them
in the manner specified in the directions for casting the absentee ballots. The return envelope containing marked ballots
may be mailed as provided in the directions for casting the absentee ballots or
may be left with the county auditor or municipal clerk who transmitted the
absentee ballots to the voter. If
delivered in person by an agent, the return envelope must be submitted
to the county auditor or municipal clerk by 3:00 p.m. on election day.
The voter may designate an agent to deliver in person the sealed absentee ballot return envelope to the county auditor or municipal clerk or to deposit the return envelope in the mail. An agent may deliver or mail the return envelopes of not more than three voters in any election. Any person designated as an agent who tampers with either the return envelope or the voted ballots or does not immediately mail or deliver the return envelope to the county auditor or municipal clerk is guilty of a misdemeanor.
Sec. 11. Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read:
Subd. 3. Procedures
on receipt of ballots. When absentee
ballots are returned to a county auditor or municipal clerk, that official
shall stamp or initial and date the return envelope and place it in a secure
location with other return envelopes received by that office. Within five days after receipt, the county
auditor or municipal clerk shall deliver to the ballot board all ballots
received, except that during the 14 days immediately preceding an election, the
county auditor or municipal clerk shall deliver all ballots received to the
ballot board within three days. Ballots
received on election day either (1) after 3:00 p.m., if delivered by an
agent in person; or (2) after the last mail delivery 8 p.m.,
if delivered by another method mail or a package delivery service,
shall be marked as received late by the county auditor or municipal clerk, and
must not be delivered to the ballot board.
Sec. 12. Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read:
Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.
(b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application;
(2) the voter signed the certification on the envelope;
(3)
the voter's Minnesota driver's license, state identification number, or the
last four digits of the voter's Social Security number are the same as the
a number provided on the voter's absentee ballot
application for ballots or voter record. If the number does not match the number as
submitted on the application, or if a number was not submitted on the
application, the election judges must compare the signature provided by the
applicant to determine whether the ballots were returned by the same person to
whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;
(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the county auditor.
(c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election. If the official determines that the voter has otherwise cast a ballot in the election, no notice is required. If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A notice of absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.
(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.
Sec. 13. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:
Subdivision 1. Submission
of application. (a) An application
for absentee ballots for a voter described in section 203B.16 must be in
writing and may be submitted in person, by mail, by electronic facsimile
device, by electronic mail, or electronically through a secure Web site that
shall be maintained by the secretary of state for this purpose, upon
determination by the secretary of state that security concerns have been
adequately addressed. An application for
absentee ballots for a voter described in section 203B.16 may be submitted by
that voter or by that voter's parent, spouse, sister, brother, or child over
the age of 18 years. For purposes of
an application under this subdivision, a person's Social Security number, no
matter how it is designated, qualifies as the person's military identification
number if the person is in the military.
(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence or through the secure Web site maintained by the secretary of state.
(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter last maintained residence in Minnesota or through the secure Web site maintained by the secretary of state.
(d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the end of that calendar year.
(e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27.
Sec. 14. Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read:
Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must state a telephone number where the candidate can be contacted. An affidavit must also state the candidate's address of residence as determined under section 200.031, or at the candidate's request in accordance with paragraph (c), the candidate's campaign contact address. The form for the affidavit of candidacy must allow the candidate to request, if eligible, that the candidate's address of residence be classified as private data, and to provide the certification required under paragraph (c) for classification of that address.
(b) For an office whose residency requirement must be satisfied by the close of the filing period, a registered voter in this state may request in writing that the filing officer receiving the affidavit of candidacy review the address as provided in this paragraph, at any time up to one day after the last day for filing for office. If requested, the filing officer must determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking. If the filing officer determines that the address is not within the area represented by the office, the filing officer must immediately notify the candidate and the candidate's name must be removed from the ballot for that office. A determination made by a filing officer under this paragraph is subject to judicial review under section 204B.44.
(c) If the candidate requests that the candidate's address of residence be classified as private data, the candidate must list the candidate's address of residence on a separate form to be attached to the affidavit. The candidate must also certify on the affidavit that a police report has been submitted or an order for protection has been issued in regard to the safety of the candidate or the candidate's family, or that the candidate's address is otherwise private pursuant to Minnesota law. The address of residence provided by a candidate who makes a request for classification on the candidate's affidavit of candidacy and provides the certification required by this paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer as provided in this subdivision.
(d) The requirements of this subdivision do not apply to affidavits of candidacy for a candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
Sec. 15. Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read:
Subdivision 1. Partisan office. (a) A vacancy in nomination for a partisan office must be filled in the manner provided by this section. A vacancy in nomination exists for a partisan office when a major political party candidate who has been nominated in accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
(1) dies;
(2) withdraws as provided in section
204B.12, subdivision 1; or
(3) withdraws by filing an
affidavit of withdrawal, as provided in paragraph (b), at least one day prior
to the general election with the same official who received the affidavit of
candidacy; or
(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant to a court order issued under section 204B.44.
(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that the candidate has been diagnosed with a catastrophic illness that will permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought, if elected. The affidavit must be accompanied by a certificate verifying the candidate's illness meets the requirements of this paragraph, signed by at least two licensed physicians. The affidavit and certificate may be filed by the candidate or the candidate's legal guardian.
EFFECTIVE
DATE. This section is
effective the day following final enactment, and applies to elections for which
the candidate withdrawal period under section 204B.12, subdivision 1, occurs on
or after that date.
Sec. 16. Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read:
Subd. 2. Partisan
office; nomination by party; special election.
(a) Except as provided in subdivision 5, a major political party may
fill a vacancy in nomination of that party's candidate as defined in
subdivision 1, clause (1) or, (2), or (3), by filing one
nomination certificate with the same official who received the affidavits of
candidacy for that office.
A major political party may provide in its governing rules a procedure, including designation of an appropriate committee, to fill a vacancy in nomination for any federal or state partisan office. The nomination certificate shall be prepared under the direction of and executed by the chair and secretary of the political party and filed within the timelines established in this section. When filing the certificate the chair and secretary shall attach an affidavit stating that the newly nominated candidate has been selected under the rules of the party and that the individuals signing the certificate and making the affidavit are the chair and secretary of the party.
(b) In the case of a vacancy in nomination for partisan office that occurs on or before the 79th day before the general election, the major political party must file the nomination certificate no later than 71 days before the general election. The name of the candidate nominated by the party must appear on the general election ballot.
(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for a partisan office that occurs after the 79th day before the general election, the general election ballot shall remain unchanged, but the county and state canvassing boards must not certify the vote totals for that office from the general election, and the office must be filled at a special election held in accordance with this section. Except for the vacancy in nomination, all other candidates whose names appeared on the general election ballot for the office must appear on the special election
ballot for the office. New affidavits of candidacy or nominating petitions may not be accepted, and there must not be a primary to fill the vacancy in nomination. The major political party may file a nomination certificate as provided in paragraph (a) no later than seven days after the general election. On the date of the general election, the county auditor or municipal clerk shall post a notice in each precinct affected by a vacancy in nomination under this paragraph, informing voters of the reason for the vacancy in nomination and the procedures for filling the vacancy in nomination and conducting a special election as required by this section. The secretary of state shall prepare and electronically distribute the notice to county auditors in each county affected by a vacancy in nomination.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read:
Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in nomination for a major political party occurs in the race for governor, the political party must nominate the candidates for both governor and lieutenant governor. If a vacancy in nomination for a major political party occurs in the race for lieutenant governor, the candidate for governor shall select the candidate for lieutenant governor.
(b) For a vacancy in nomination for lieutenant governor that occurs on or before the 79th day before the general election, the name of the lieutenant governor candidate must be submitted by the governor candidate to the filing officer no later than 71 days before the general election. If the vacancy in nomination for lieutenant governor occurs after the 79th day before the general election, the candidate for governor shall submit the name of the new lieutenant governor candidate to the secretary of state within seven days after the vacancy in nomination occurs, but no changes may be made to the general election ballots.
(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day before the general election, the county auditor or municipal clerk shall post a notice in each precinct affected by the vacancy in nomination. The secretary of state shall prepare and electronically distribute the notice to county auditors. The county auditor must ensure that each precinct in the county receives the notice prior to the opening of the polls on election day. The notice must include:
(1) a statement that there is a vacancy in
nomination for lieutenant governor and the statutory reason for the vacancy in
nomination as provided in subdivision 1, paragraph (a), clauses (1) and,
(2), or (3);
(2) a statement that the results for the governor and lieutenant governor will be counted and that no special election will be held for that race; and
(3) a list of all candidates in the governor and lieutenant governor's race, listed in order of the base rotation. The listing of candidates shall include the name of the candidate to fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not yet been named, then the list must include the date by which the candidate will be named.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read:
Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office must be filled in the manner provided by this section. A vacancy in nomination for a nonpartisan office exists when:
(1) a candidate for any nonpartisan
office, for which one or two candidates filed, withdraws as provided in section
204B.12, subdivision 1; or
(2)
a candidate for any nonpartisan office, for which one or two candidates filed,
is determined to be ineligible to hold the office the candidate is seeking,
pursuant to a court order issued under section 204B.44; or
(2) (3) a candidate for any
nonjudicial nonpartisan office, for which only one or two candidates filed or
who was nominated at a primary, dies on or before the 79th day before the date
of the general election.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read:
Subd. 6. High
school students. Notwithstanding any
other requirements of this section, a student enrolled in a high school in
Minnesota or who is in a home school in compliance with sections 120A.22 and
120A.24, who has attained the age of 16 is eligible to be appointed as a
without party affiliation trainee election judge in the county in which the
student resides. The student must
meet qualifications for trainee election judges specified in rules of the
secretary of state. A student appointed
as a trainee election judge may be excused from school attendance during the
hours that the student is serving as a trainee election judge if the student
submits a written request signed and approved by the student's parent or
guardian to be absent from school and a certificate from the appointing
authority stating the hours during which the student will serve as a trainee
election judge to the principal of the school at least ten days prior to the
election. Students shall not serve as
trainee election judges after 10:00 p.m. Notwithstanding section 177.24 to the
contrary, trainee election judges may be paid not less than two-thirds of the
minimum wage for a large employer. The
principal of the school may approve a request to be absent from school
conditioned on acceptable academic performance at the time of service as a
trainee election judge.
Sec. 20. Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read:
Subdivision 1. Type. All ballots shall be printed with black
ink on paper of sufficient thickness to prevent the printing from being
discernible from the back. All ballots
shall be printed in easily readable type with suitable lines dividing
candidates, offices, instructions and other matter printed on ballots. The name of each candidate shall be
printed in capital letters. The same
type shall be used for the names of all candidates on the same ballot.
Sec. 21. Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read:
Subd. 2. Candidates and offices. The name of each candidate shall be printed at a right angle to the length of the ballot. At a general election the name of the political party or the political principle of each candidate for partisan office shall be printed above or below the name of the candidate. The name of a political party or a political principle shall be printed in capital and lowercase letters of the same type, with the capital letters at least one-half the height of the capital letters used for names of the candidates. At a general election, blank lines containing the words "write-in, if any" shall be printed below the name of the last candidate for each office, or below the title of the office if no candidate has filed for that office, so that a voter may write in the names of individuals whose names are not on the ballot. One blank line shall be printed for each officer of that kind to be elected. At a primary election, no blank lines shall be provided for writing in the names of individuals whose names do not appear on the primary ballot.
On the left side of the ballot at the same
level with the name of each candidate and each blank line shall be printed a
square an oval or similar target shape in which the voter may designate
a vote by a mark (X) filling in the oval or similar mark if a
different target shape is used. Each
square shall be the same size. Above the
first name on each ballot shall be printed the words, "Put an (X) in
the square opposite the name of each candidate you wish to vote for." At
the same level with these words and directly above the squares shall be printed
a small arrow pointing downward instructions for voting. Directly underneath the official title of
each office shall be printed the words "Vote for one" or "Vote
for up to ..." (any greater number to be elected).
Sec. 22. Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read:
Subd. 3. Question;
form of ballot. When a question is
to be submitted to a vote, a concise statement of the nature of the question
shall be printed on the ballot. The
words, "YES" "Yes" and "NO" "No"
shall be printed to the left of this statement, with a square an oval
or similar target shape to the left of each word so that the voter may
indicate by a mark (X) either a negative or affirmative vote. The ballot shall include instructions
directing the voter to put an (X) in the square fill in the oval or
similar mark if a different target shape is used before the word "YES"
"Yes" if the voter desires to vote for the question, or to put
an (X) fill in the oval or similar mark if a different target shape is
used before the word "NO" "No" if the
voter desires to vote against the question.
Sec. 23. Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read:
Subd. 4. Judicial
candidates. The official ballot
shall contain the names of all candidates for each judicial office and shall
state the number of those candidates for whom a voter may vote. Each seat for an associate justice, associate
judge, or judge of the district court must be numbered. The words "SUPREME COURT,"
"COURT OF APPEALS," "Supreme Court," "Court of
Appeals," and "(number) DISTRICT COURT" "(number)
District Court" must be printed above the respective judicial office
groups on the ballot. The title of each
judicial office shall be printed on the official primary and general election
ballot as follows:
(a) In the case of the Supreme Court:
"Chief justice";
"Associate justice (number)";
(b) In the case of the Court of Appeals:
"Judge (number)"; or
(c) In the case of the district court:
"Judge (number)."
Sec. 24. Minnesota Statutes 2014, section 204B.44, is amended to read:
204B.44
ERRORS AND OMISSIONS; REMEDY.
Any individual may file a petition in the manner provided in this section for the correction of any of the following errors, omissions, or wrongful acts which have occurred or are about to occur:
(a) an error or omission in the placement or printing of the name or description of any candidate or any question on any official ballot, including the placement of a candidate on the official ballot who is not eligible to hold the office for which the candidate has filed;
(b) any other error in preparing or printing any official ballot;
(c) failure of the chair or secretary of the proper committee of a major political party to execute or file a certificate of nomination;
(d) any wrongful act, omission, or error of any election judge, municipal clerk, county auditor, canvassing board or any of its members, the secretary of state, or any other individual charged with any duty concerning an election.
The petition shall describe the error, omission, or wrongful act and the correction sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in the case of an election for state or federal office or any judge of the district court in that county in the case of an election for county, municipal, or school district office. The petitioner shall serve a copy of the petition on the officer, board or individual charged with the error, omission, or wrongful act, on all candidates for the office in the case of an election for state, federal, county, municipal, or school district office, and on any other party as required by the court. Upon receipt of the petition the court shall immediately set a time for a hearing on the matter and order the officer, board or individual charged with the error, omission or wrongful act to correct the error or wrongful act or perform the duty or show cause for not doing so. In the case of a review of a candidate's eligibility to hold office, the court may order the candidate to appear and present sufficient evidence of the candidate's eligibility. The court shall issue its findings and a final order for appropriate relief as soon as possible after the hearing. Failure to obey the order is contempt of court.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read:
Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the town or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county
auditor or municipal clerk must mark the roster to indicate that the voter has
already cast a ballot in that election. After
the close of business on the fourth seventh day before the
election, the ballots from return envelopes marked "Accepted" may be
opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in
the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as one vote total. No vote totals from mail or absentee ballots may be made public before the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 26. Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read:
Subd. 2. Elections
covered. For purposes of this
section, "election" means a regularly scheduled state primary or
general election, an election to fill a vacancy in the office of United
States senator or United States representative, an election to fill a
vacancy in nomination for a constitutional office, or an election to fill a
vacancy in the office of state senator or state representative.
Sec. 27. Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read:
Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from
work for the purpose of voting in a state or, federal, or
regularly scheduled election without reduction to your pay, personal leave,
or vacation time on election day for the time necessary to appear at your
polling place, cast a ballot, and return to work.
(2) If you are in line at your polling place any time before 8:00 p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance, you may be accompanied into the voting booth by a person of your choice, except by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into the voting booth with you.
(8) If you have been convicted of a felony but your felony sentence has expired (been completed) or you have been discharged from your sentence, you have the right to vote.
(9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.
(13) You have the right to take a sample ballot into the voting booth with you.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."
Sec. 28. Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read:
Subd. 2. Voting
booths. One of the election judges
shall explain to the voter the proper method of marking and folding the
ballots and, during a primary election, the effect of attempting to vote in
more than one party's primary. Except as
otherwise provided in section 204C.15, the voter shall retire alone to an
unoccupied voting booth or, at the voter's discretion, the voter may choose to
use another writing surface. The voter
shall mark the ballots without undue delay.
The voter may take sample ballots into the booth to assist in voting. The election judges may adopt and enforce
reasonable rules governing the amount of time a voter may spend in the voting
booth marking ballots.
Sec. 29. Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read:
Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner:
(a) A mark (X) shall be placed in the
square The voter shall fill in the oval or similar mark if a different
target shape is used, opposite the printed name of each candidate for whom
the individual desires to vote, and in the square oval or other
target shape before the "YES" "Yes" or "NO"
"No" if the individual desires to vote for or against a
question.
(b) The voter may write in other names on the lines provided under the printed names of the candidates, except that no names shall be written in on primary ballots.
(c) At a state primary an individual may vote for candidates of only one major political party on the partisan primary ballot. If a partisan primary ballot contains votes for the candidates of more than one major political party, the ballot is totally defective and no vote on the partisan section of the ballot shall be counted.
(d) An individual who spoils a ballot may return it to the election judges and receive another.
Sec. 30. Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read:
Subd. 5. Deposit
of ballots in ballot boxes box.
The voter shall then withdraw from the voting booth with the ballots
and hand them to the election judge in charge of the ballot boxes. That election judge shall immediately
deposit each ballot in the proper ballot box. Ballots that have not been initialed by the
election judges as provided in section 204C.09, shall not be deposited in the
ballot box.
Sec. 31. Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read:
Subd. 3. Votes
for too many candidates. If a voter
places a mark (X) beside the names of more candidates for an office than
are to be elected or nominated, the ballot is defective with respect only to
that office. No vote shall be counted
for any candidate for that office, but the rest of the ballot shall be counted
if possible. At a primary, if a voter
has not indicated a party preference and places a mark (X) beside the
names of candidates of more than one party on the partisan ballot, the ballot
is totally defective and no votes on it shall be counted. If a voter has indicated a party preference
at a primary, only votes cast for candidates of that party shall be counted.
Sec. 32. Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read:
Subd. 4. Name
written in proper place. If a voter
has written the name of an individual in the proper place on a general or
special election ballot a vote shall be counted for that individual whether or
not the voter makes a mark (X) in the square oval or other
target shape opposite the blank.
Sec. 33. Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read:
Subd. 7. All
written names or marks counted up to limit.
If a number of individuals are to be elected to the same office, the
election judges shall count all names written in and all printed names with (X)
marks in squares ovals or other target shapes opposite them, not
exceeding the whole number to be elected.
When fewer names than the number to be elected are marked with an (X)
or written in, only the marked or written in names shall be counted. When more names than the number to be elected
are marked or written in, the ballot is defective with respect to that office
and no vote shall be counted for that office.
Sec. 34. Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read:
Subd. 10. Different
marks. If a voter uniformly uses a
mark other than (X) which that clearly indicates an intent to
mark a name or to mark yes or no on a question, and the voter does not use (X)
the more standard mark anywhere else on the ballot, a vote shall be
counted for each candidate or response to a question marked. If a voter uses two or more distinct marks,
such as (X) and some other mark, a vote shall be counted for each candidate or
response to a question marked, unless the ballot is marked by distinguishing
characteristics that make the entire ballot defective as provided in
subdivision 13.
Sec. 35. Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read:
Subdivision 1. Publicly funded recounts. (a) In a state primary when the difference between the votes cast for the candidates for nomination to:
(1) a state legislative office is less than one-half of one percent of the total number of votes counted for that nomination or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less; or
(2) a statewide federal office, state constitutional office, statewide judicial office, congressional office, or district judicial office is less than one-quarter of one percent of the total number of votes counted for that nomination or is ten votes or less and the total number of votes cast for the nomination is 400 votes or less;
and the difference determines the nomination, the canvassing board with responsibility for declaring the results for that office shall manually recount the vote upon receiving a written request from the candidate whose nomination is in question.
Immediately following the meeting of the
board that has responsibility for canvassing the results of the nomination, the
filing officer must notify the candidate that the candidate has the option to
request a recount of the votes at no cost to the candidate. This written request must be received by the
filing officer no later than 48 hours 5:00 p.m. on the second day
after the canvass of the primary for which the recount is being sought.
(b) In a state general election when the difference between the votes of a candidate who would otherwise be declared elected to:
(1) a state legislative office is less than one-half of one percent of the total number of votes counted for that office or is ten votes or less and the total number of votes cast for the office is 400 votes or less; or
(2) a statewide federal office, state constitutional office, statewide judicial office, congressional office, or district judicial office and the votes of any other candidate for that office is less than one-quarter of one percent of the total number of votes counted for that office or is ten votes or less if the total number of votes cast for the office is 400 votes or less,
the canvassing board shall manually recount the votes upon receiving a written request from the candidate whose election is in question.
Immediately
following the meeting of the board that has responsibility for canvassing the
results of the general election, the filing officer must notify the candidate
that the candidate has the option to request a recount of the votes at no cost
to the candidate. This written request
must be received by the filing officer no later than 48 hours 5:00 p.m.
on the second day after the canvass of the election for which the recount
is being sought.
(c) A recount must not delay any other part of the canvass. The results of the recount must be certified by the canvassing board as soon as possible.
(d) Time for notice of a contest for an office which is recounted pursuant to this section shall begin to run upon certification of the results of the recount by the canvassing board.
Sec. 36. Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read:
Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose name was on the ballot for nomination or election to a statewide federal office, state constitutional office, statewide judicial office, congressional office, state legislative office, or district judicial office may request a recount in a manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by this section. The votes shall be manually recounted as provided in this section if the candidate files a request during the time for filing notice of contest of the primary or election for which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in an amount set by the filing officer for the payment of the recount expenses. The requesting candidate is responsible for the following expenses: the compensation of the secretary of state, or designees, and any election judge, municipal clerk, county auditor, administrator, or other personnel who participate in the recount; necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing for the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body responsible for the recount.
(c) A discretionary recount of a primary
must not delay delivery of the notice of nomination to the winning candidate
under section 204C.32.
(d) The requesting candidate may provide the filing officer with a list of up to three precincts that are to be recounted first and may waive the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount official must determine the expenses for those precincts in the manner provided by paragraph (b).
(e) The results of the recount must be
certified by the canvassing board as soon as possible.
(d) (f) If the winner of the
race is changed by the optional recount, the cost of the recount must be paid
by the jurisdiction conducting the recount.
(e) (g) If a result of the
vote counting in the manual recount is different from the result of the vote
counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89,
subdivision 4, the cost of the recount must be paid by the jurisdiction
conducting the recount.
Sec. 37. Minnesota Statutes 2014, section 204C.36, subdivision 1, is amended to read:
Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b) and (c), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is less than one-quarter of one percent of the total votes counted for that office. In case of offices where two or more seats are being filled from among all the candidates for the office, the one‑quarter of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.
(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of one percent, and the total number of votes cast for the nomination or election of all candidates is more than 400 but less than 50,000. In cases of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.
(c) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the total number of votes cast for the nomination or election of all candidates is no more than 400. In cases of offices where two or more seats are being filled from among all the candidates for the office, the ten vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.
(d) Candidates for county offices shall
file a written request for the recount with the county auditor. Candidates for municipal or school district
offices shall file a written request with the municipal or school district
clerk as appropriate. All requests shall
be filed during the time for notice of contest of the primary or by
5:00 p.m. on the fifth day after the canvass of a primary or special primary or
by 5:00 p.m. on the seventh day of the canvass of a special or general
election for which a recount is sought.
(e) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district.
Sec. 38. Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read:
Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount in the manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall be manually recounted as provided in this section if the requesting candidate files with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by the governing body of the jurisdiction or the school board of the school district for the payment of the recount expenses.
(b) The requesting candidate may provide the filing officer with a list of up to three precincts that are to be recounted first and may waive the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount official must determine the expenses for those precincts in the manner provided by paragraph (b).
(c)
A discretionary recount of a primary must not delay delivery of the notice
of nomination to the winning candidate under section 204C.32.
(d) The results of the recount must be
certified by the canvassing board as soon as possible.
(e) If the winner of the race is changed by the optional recount, the cost of the recount must be paid by the jurisdiction conducting the recount.
(d) (f) If a result of the
vote counting in the manual recount is different from the result of the vote
counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89,
subdivision 4, the cost of the recount must be paid by the jurisdiction
conducting the recount.
Sec. 39. Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read:
Subd. 2. Time
of issuance; certain offices. No
certificate of election shall be issued until seven days after the canvassing
board has declared the result of the election.
In case of a contest, an election certificate shall not be issued
until a court of proper jurisdiction has finally determined the contest. This subdivision shall not apply to
candidates elected to the office of state senator or representative.
Sec. 40. Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read:
Subd. 11. Certificate
of legislative election. A
certificate of election in a special election for state senator or state
representative shall be issued by the secretary of state to the individual
declared elected by the county or state canvassing board chief clerk of
the house or the secretary of the senate two days, excluding Sundays and
legal holidays, after the appropriate canvassing board finishes canvassing the
returns for the election.
In case of a contest the certificate shall not be issued until the district court determines the contest.
Sec. 41. Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read:
Subd. 3. Filing
fees. Unless the a
charter provision or ordinance of a home rule charter or statutory
city provides the amount of the fee for filing an application or affidavit of
candidacy for city office, the filing fee for a municipal office is as follows:
(a) (1) in first class
cities, $20;
(b) (2) in second and third
class cities, $5; and
(c) (3) in fourth class
cities and towns, $2.
Sec. 42. Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read:
Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink. In state elections, a single ballot title must be used, as provided in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years when both municipal and school district offices or questions appear on the ballot, the single ballot title "City (or Town) and School District Ballot" must be used.
On the front of the ballot must be printed the words "Official Ballot" and the date of the election and lines for the initials of at least two election judges.
When optical scan ballots are used, the offices to be elected must appear in the following order: federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.
On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."
If a primary ballot contains both a
partisan ballot and a nonpartisan ballot, the instructions to voters must
include a statement that reads substantially as follows: "THIS BALLOT CARD CONTAINS A PARTISAN
BALLOT AND A NONPARTISAN BALLOT. ON THE
PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY
ONLY." "This ballot
card contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to
vote for candidates of one political party only." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a
statement that reads substantially as follows:
"ADDITIONAL POLITICAL PARTIES ARE PRINTED ON THE OTHER SIDE OF
THIS BALLOT. VOTE FOR ONE POLITICAL
PARTY ONLY." "Additional
political parties are printed on the other side of this ballot. Vote for one political party only." At the bottom of each political party column
on the primary ballot, the ballot must contain a statement that reads
substantially as follows: "CONTINUE
VOTING ON THE NONPARTISAN BALLOT." "Continue voting on the nonpartisan
ballot." The instructions in
section 204D.08, subdivision 4, do not apply to optical scan partisan primary
ballots. Electronic ballot displays and
audio ballot readers must follow the order of offices and questions on the
optical scan or paper ballot used in the same precinct, or the sample ballot
posted for that precinct.
Sec. 43. Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read:
Subd. 2. Notice filed with court. If the contest relates to a nomination or election for statewide office, the contestant shall file the notice of contest with the court administrator of District Court in Ramsey County. For contests relating to any other office, the contestant shall file the notice of contest with the court administrator of district court in the county where the contestee resides.
If the contest relates to a constitutional
amendment or other question voted on statewide, the contestant shall
file the notice of contest with the court administrator of District Court in
Ramsey County. If the contest relates to
any other question, the contestant shall file the notice of contest with the
court administrator of district court for the county or any one of the counties
where the question appeared on the ballot.
Sec. 44. Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read:
Subd. 3. Notice served on parties. In all contests relating to the nomination or election of a candidate, the notice of contest must be served on the candidate who is the contestee, a copy of the notice must be sent to the contestee's last known address by certified mail, and a copy must be furnished to the official authorized to issue the certificate of election. If personal or substituted service on the contestee cannot be made, an affidavit of the attempt by the person attempting to make service and the affidavit of the person who sent a copy of the notice to the contestee by certified mail is sufficient to confer jurisdiction upon the court to decide the contest.
If the contest relates to a constitutional
amendment or other question voted on statewide or voted on in more than one
county, notice of contest must be served on the secretary of state, who is
the contestee. If a contest relates to a
question voted on within only one county, school district, or municipality, a
copy of the notice of contest must be
served on the county auditor, clerk of the school district, or municipal clerk, respectively, who is the contestee. If the contest is upon the question of consolidation or reorganization of a school district, a copy of the notice of contest must be served on the county auditor authorized by law to issue the order.
Sec. 45. Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read:
Subd. 2. Statewide
offices and questions. Section 209.10,
subdivision 4, applies to a contest regarding a statewide office, or
a constitutional amendment, or other question voted on statewide. A copy of the Supreme Court's decision must
be forwarded to the contestant and the contestee.
Sec. 46. Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read:
Subd. 2. Questions,
ballot details. The questions to be
voted on must be separately stated on the ballots, as worded in section 365.21. Two squares ovals or similar target
shapes, one above the other, must be put just below each question with the
word "yes" beside the upper square target shape and the
word "no" beside the lower square target shape.
Sec. 47. Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read:
Subd. 3. Voting. An elector must vote separately on each
question for the elector's vote to be counted on that question. To vote "yes" on a question, the
elector shall mark an "X" in the square fill in the oval or
similar target shape beside the word "yes" just below the
question. To vote "no" on a
question, the elector shall mark an "X" in the square fill
in the oval or similar target shape beside the word "no" just
below the question.
Sec. 48. Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read:
Subd. 4. Election; form of ballot. The proposals for adoption of the options shall be stated on the ballot substantially as follows:
"Shall option A, providing for a five-member town board of supervisors, be adopted for the government of the town?"
"Shall option B, providing for the appointment of the clerk and treasurer by the town board, be adopted for the government of the town?"
"Shall option C, providing for the appointment of a town administrator by the town board, be adopted for the government of the town?"
"Shall option D, providing for combining the offices of clerk and treasurer, be adopted for the government of the town?"
If a proposal under option B is to appoint
only the clerk or only the treasurer, or if it is to appoint the combined
clerk-treasurer following the adoption of option D or when submitted
simultaneously with the ballot question for option D, the ballot question shall
be varied to read appropriately. If an
option B ballot question is submitted for the combined clerk-treasurer office
at the same election in which option D is also on the ballot, the ballot must
note that the approval of option B is contingent on the simultaneous approval
of option D. In any of these cases, the
question shall be followed by the words "Yes" and "No" with
an appropriate square oval or similar target shape before each in
which an elector may record a choice.
Sec. 49. Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read:
Subd. 4. Ballot. The town board shall provide ballots
which shall read "Shall the territory described in the resolution adopted
by the town board on the ......... day
of............., ......., constitute a special fire protection district?"
The question shall be followed with a line with the word "Yes" and a
square an oval or similar target shape after it and another line
with the word "No" and a square an oval or similar target
shape after it. The voters shall
indicate their choice by placing a cross mark in one of the squares
target shapes, and a direction to so indicate their choice shall be
printed on the ballot.
Sec. 50. Minnesota Statutes 2014, section 376.04, is amended to read:
376.04
ELECTION, SEPARATE BALLOT.
The question of purchasing and constructing
hospital buildings shall be submitted to the voters of any county at a general
election and placed upon a separate ballot. This election must be called by a resolution
of the county board. The resolution must
state the time of the election, that a county hospital is proposed to be
established, the proposed location, and the cost, including equipment, for not
more than the amount stated in the resolution.
When the resolutions are passed, the county auditor shall immediately
notify each town or city clerk in the county that the question of constructing
hospital buildings will be voted upon at the time stated in the resolution, in
the manner provided under the state election laws.
The ballot must be in the following form:
"For the purchase and construction of hospital buildings, including equipment, to be located at ............... (state location), at a cost not more than .............. (state amount), pursuant to the resolution of the board of county commissioners passed .................. (state date).
|
|
Yes ……………. No …………….. " |
|
|
To the left of each of the last two
words, "yes" and "no," shall be followed by a square in
which the voter may indicate by a mark (X) either a negative or affirmative
vote printed an oval or similar target shape so that the voter may
indicate by a mark either a negative or affirmative vote. These votes shall be cast in the same manner
as votes cast at the general election and counted by the same officers. Returns must be made to the county auditor,
and canvassed in the same manner as the returns on county officers.
Sec. 51. Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read:
Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be stated on the ballot substantially as follows:
"Shall Optional Plan A, modifying the standard plan of city government by providing for the appointment by the council of the clerk and treasurer be adopted for the government of the city?"
"Shall Optional Plan B, providing for the council-manager form of city government, be adopted for the government of the city?"
If the city has combined the offices of
clerk and treasurer, the word "clerk-treasurer" shall be substituted
for the words "clerk and treasurer" in the question on the ballot on
adoption of Optional Plan A. In any of
these cases, the question shall be followed by the words, "Yes" and
"No" with an appropriate square before each in which a voter may
record a choice oval or similar target shape to the left of each word so
that the voter may indicate by a mark either a negative or affirmative vote.
Sec. 52. REPEALER.
Minnesota Statutes 2014, sections
204B.14, subdivision 6; 204C.13, subdivision 4; 204C.30, subdivision 1; and
383A.555, are repealed.
ARTICLE 2
MILITARY AND OVERSEAS ABSENTEE VOTING
Section 1. Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read:
Subd. 3. Military. "Military" means the Army,
Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine of the United
States, and all other uniformed services as defined in United States
Code, title 42, section 1973ff-6 52, section 20310, and military
forces as defined by section 190.05, subdivision 3.
Sec. 2. Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read:
Subdivision 1. Military service; temporary residence outside United States. Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who are absent from the precinct where they maintain residence because they are:
(1) either in the military or the spouses or dependents of individuals serving in the military; or
(2) temporarily outside the territorial limits of the United States.
Sections 203B.16 to 203B.27 are intended
to implement the federal Uniformed and Overseas Citizens Absentee Voting Act,
United States Code, title 42, section 1973ff 52, sections 20301 to
20310.
Sec. 3. Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read:
Subd. 2. Indefinite residence outside United States. Sections 203B.16 to 203B.27 provide the exclusive voting procedure for United States citizens who are living indefinitely outside the territorial limits of the United States who meet all the qualifications of an eligible voter except residence in Minnesota, but who are authorized by federal law to vote in Minnesota because they or, if they have never resided in the United States, a parent maintained residence in Minnesota for at least 20 days immediately prior to their departure from the United States. Individuals described in this subdivision shall be permitted to vote only for the offices of president, vice-president, senator in Congress, and representative in Congress.
Sec. 4. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:
Subdivision 1. Submission
of application. (a) An application
for absentee ballots for a voter described in section 203B.16 must be in
writing and may be submitted in person, by mail, by electronic facsimile
device, by electronic mail, or electronically through a secure Web site that
shall be maintained by the secretary of state for this purpose, upon
determination by the secretary of state that security concerns have been
adequately addressed. An application for
absentee ballots for a voter described in section 203B.16 may be submitted by
that voter or by that voter's parent, spouse, sister, brother, or child over
the age of 18 years. For purposes of
an application under this subdivision, a person's Social Security number, no matter
how it is designated, qualifies as the person's military identification number
if the person is in the military.
(b) An application for a voter described in section 203B.16, subdivision 1, shall be submitted to the county auditor of the county where the voter maintains residence or through the secure Web site maintained by the secretary of state.
(c) An application for a voter described in section 203B.16, subdivision 2, shall be submitted to the county auditor of the county where the voter or the voter's parent last maintained residence in Minnesota or through the secure Web site maintained by the secretary of state.
(d) An application for absentee ballots shall be valid for any primary, special primary, general election, or special election from the time the application is received through the end of that calendar year.
(e) There shall be no limitation of time for filing and receiving applications for ballots under sections 203B.16 to 203B.27.
Sec. 5. Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read:
Subd. 2. Required information. An application shall be accepted if it contains the following information stated under oath:
(a) the voter's name, birthdate, and present address of residence in Minnesota, or former address of residence or parent's former address of residence in Minnesota if the voter is living permanently outside the United States;
(b) a statement indicating that the voter is in the military, or is the spouse or dependent of an individual serving in the military, or is temporarily outside the territorial limits of the United States, or is living permanently outside the territorial limits of the United States and voting under federal law;
(c) a statement that the voter expects to be absent from the precinct at the time of the election;
(d) the address to which absentee ballots are to be mailed;
(e) the voter's signature or the signature and relationship of the individual authorized to apply on the voter's behalf;
(f) the voter's passport number, Minnesota driver's license or state identification card number, or the last four digits of the voter's Social Security number; if the voter does not have access to any of these documents, the voter or other individual requesting absentee ballots may attest to the truthfulness of the contents of the application under penalty of perjury; and
(g) the voter's email address, if the application was submitted electronically through the secure Web site maintained by the secretary of state.
Notwithstanding paragraph (f), an application submitted through the secretary of state's Web site must include the voter's verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the voter's Social Security number, and may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number. The secretary of state must review all unverifiable applications for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.
Sec. 6. Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read:
Subd. 4. Special federal ballot. (a) The names of all candidates for the offices of president and vice-president of the United States and senator and representative in Congress shall be placed on a ballot that shall be known as the "special federal ballot."
(b)
This ballot shall be prepared by the county auditor in the same manner as the
state general election ballot and shall be subject to the rules adopted by the
secretary of state pursuant to subdivision 1.
This ballot must be prepared and furnished in accordance with the
federal Uniformed and Overseas Citizens Absentee Voting Act, United States
Code, title 42, section 1973ff 52, sections 20301 to 20310.
(c) The special federal ballot shall be the only ballot sent to citizens of the United States who are eligible to vote by absentee ballot for federal candidates in Minnesota.
ARTICLE 3
UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT
Section 1. Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read:
Subd. 2. Petitions for presidential electors and alternates. This subdivision does not apply to candidates for presidential elector or alternate nominated by major political parties. Major party candidates for presidential elector or alternate are certified under section 208.03. Other presidential electors or alternates are nominated by petition pursuant to this section. On petitions nominating presidential electors or alternates, the names of the candidates for president and vice-president shall be added to the political party or political principle stated on the petition. One petition may be filed to nominate a slate of presidential electors equal in number to the number of electors to which the state is entitled and an alternate for each elector nominee.
Sec. 2. Minnesota Statutes 2014, section 208.02, is amended to read:
208.02
ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
Presidential electors and alternates shall be chosen at the state general election held in the year preceding the expiration of the term of the president of the United States.
Sec. 3. Minnesota Statutes 2014, section 208.03, is amended to read:
208.03
NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
Presidential electors and alternates
for the major political parties of this state shall be nominated by delegate
conventions called and held under the supervision of the respective state
central committees of the parties of this state. At least 71 days before the general election
day the chair of the major political party shall certify to the secretary of
state the names of the persons nominated as presidential electors, the names of
eight persons nominated as alternate presidential electors, and
the names of the party candidates for president and vice president. The chair shall also certify that the party
candidates for president and vice president have no affidavit on file as a
candidate for any office in this state at the ensuing general election.
Sec. 4. Minnesota Statutes 2014, section 208.06, is amended to read:
208.06
ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL; FILLING OF
VACANCIES.
The presidential electors and alternate
presidential electors, before 12:00 M. on the day before that fixed by Congress
for the electors to vote for president and vice president of the United States,
shall notify the governor that they are at the State Capitol and ready at the
proper time to fulfill their duties as electors. The governor shall deliver to the electors
present a certificate of the names of all the electors. If any elector named therein fails to
appear before 9:00 a.m. on the day, and at the place, fixed for voting for
president and vice president of the United States, an alternate, chosen from
among the alternates by lot, shall be appointed to act for that elector. If more than eight
alternates are necessary, the electors present shall, in the presence of the governor, immediately elect by ballot a person to fill the vacancy. If more than the number of persons required have the highest and an equal number of votes, the governor, in the presence of the electors attending, shall decide by lot which of those persons shall be elected The electors shall meet at 12:00 p.m. in the executive chamber of the State Capitol and shall perform all the duties imposed upon them as electors by the Constitution and laws of the United States and this state in the manner provided in section 208.46.
Sec. 5. [208.40]
SHORT TITLE.
Sections 208.40 to 208.48 may be cited
as the "Uniform Faithful Presidential Electors Act."
Sec. 6. [208.41]
DEFINITIONS.
(a) The definitions in this section apply
to sections 208.40 to 208.48.
(b) "Cast" means accepted by
the secretary of state in accordance with section 208.46, paragraph (b).
(c) "Elector" means an
individual selected as a presidential elector under this chapter.
(d) "President" means the president
of the United States.
(e) "Unaffiliated presidential
candidate" means a candidate for president who qualifies for the general
election ballot in this state by means other than nomination by a political
party.
(f) "Vice president" means
the vice president of the United States.
Sec. 7. [208.42]
DESIGNATION OF STATE'S ELECTORS.
(a) For each elector position in this
state, a political party contesting the position, or an unaffiliated
presidential candidate, shall submit to the secretary of state the names of two
qualified individuals. One of the
individuals must be designated "elector nominee" and the other
"alternate elector nominee."
(b) Except as otherwise provided in
sections 208.44 to 208.47, this state's electors are the winning elector nominees
under the laws of this state.
Sec. 8. [208.43]
PLEDGE.
Each elector nominee and alternate
elector nominee of a political party shall execute the following pledge: "If selected for the position of
elector, I agree to serve and to mark my ballots for president and vice
president for the nominees for those offices of the party that nominated me."
Each elector nominee and alternate
elector nominee of an unaffiliated presidential candidate shall execute the
following pledge: "If selected for
the position of elector as a nominee of an unaffiliated presidential candidate,
I agree to serve and to mark my ballots for that candidate and for that
candidate's vice presidential running mate." The executed pledges must accompany the
submission of the corresponding names to the secretary of state.
Sec. 9. [208.44]
CERTIFICATION OF ELECTORS.
In submitting this state's certificate
of ascertainment as required by United States Code, title 3, section 6, the
governor shall certify this state's electors and state in the certificate that:
(1)
the electors will serve as electors unless a vacancy occurs in the office of
elector before the end of the meeting at which elector votes are cast, in which
case a substitute elector will fill the vacancy; and
(2) if a substitute elector is
appointed to fill a vacancy, the governor will submit an amended certificate of
ascertainment stating the names on the final list of this state's electors.
Sec. 10. [208.45]
PRESIDING OFFICER; ELECTOR VACANCY.
(a) The secretary of state shall
preside at the meeting of electors described in section 208.06.
(b) The position of an elector not
present to vote is vacant. The secretary
of state shall appoint an individual as a substitute elector to fill a vacancy
as follows:
(1) if the alternate elector is present
to vote, by appointing the alternate elector for the vacant position;
(2) if the alternate elector for the
vacant position is not present to vote, by appointing an elector chosen by lot
from among the alternate electors present to vote who were nominated by the
same political party or unaffiliated presidential candidate;
(3) if the number of alternate electors
present to vote is insufficient to fill any vacant position pursuant to clauses
(1) and (2), by appointing any immediately available individual who is
qualified to serve as an elector and chosen through nomination by a plurality
vote of the remaining electors, including nomination and vote by a single
elector if only one remains;
(4) if there is a tie between at least
two nominees for substitute elector in a vote conducted under clause (3), by
appointing an elector chosen by lot from among those nominees; or
(5) if all elector positions are vacant
and cannot be filled pursuant to clauses (1) to (4), by appointing a single presidential
elector, with remaining vacant positions to be filled under clause (3) and, if
necessary, clause (4).
(c) To qualify as a substitute elector
under paragraph (b), an individual who has not executed the pledge required
under section 208.43 shall execute the following pledge: "I agree to serve and to mark my ballots
for president and vice president consistent with the pledge of the individual
to whose elector position I have succeeded."
Sec. 11. [208.46]
ELECTOR VOTING.
(a) At the time designated for elector
voting in section 208.06, and after all vacant positions have been filled under
section 208.45, the secretary of state shall provide each elector with a
presidential and a vice presidential ballot.
The elector shall mark the elector's presidential and vice presidential
ballots with the elector's votes for the offices of president and vice
president, respectively, along with the elector's signature and the elector's
legibly printed name.
(b) Except as otherwise provided by law
of this state other than this chapter, each elector shall present both
completed ballots to the secretary of state, who shall examine the ballots and
accept as cast all ballots of electors whose votes are consistent with their
pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise provided by law of this
state other than this chapter, the secretary of state may not accept and may
not count either an elector's presidential or vice presidential ballot if the
elector has not marked both ballots or has marked a ballot in violation of the
elector's pledge.
(c)
An elector who refuses to present a ballot, presents an unmarked ballot, or
presents a ballot marked in violation of the elector's pledge executed under
section 208.43 or 208.45, paragraph (c), vacates the office of elector,
creating a vacant position to be filled under section 208.45.
(d) The secretary of state shall
distribute ballots to and collect ballots from a substitute elector and repeat
the process under this section of examining ballots, declaring and filling
vacant positions as required, and recording appropriately completed ballots
from the substituted electors, until all of this state's electoral votes have
been cast and recorded.
Sec. 12. [208.47]
ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
(a) After the vote of this state's
electors is completed, if the final list of electors differs from any list that
the governor previously included on a certificate of ascertainment prepared and
transmitted under United States Code, title 3, section 6, the secretary of
state immediately shall prepare an amended certificate of ascertainment and
transmit it to the governor for the governor's signature.
(b) The governor immediately shall
deliver the signed amended certificate of ascertainment to the secretary of
state and a signed duplicate original of the amended certificate of
ascertainment to all individuals entitled to receive this state's certificate
of ascertainment, indicating that the amended certificate of ascertainment is to
be substituted for the certificate of ascertainment previously submitted.
(c) The secretary of state shall
prepare a certificate of vote. The
electors on the final list shall sign the certificate. The secretary of state shall process and
transmit the signed certificate with the amended certificate of ascertainment
under United States Code, title 3, sections 9, 10, and 11.
Sec. 13. [208.48]
UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing sections
208.40 to 208.48, consideration must be given to the need to promote uniformity
of the law with respect to their subject matter among states that enact the
Uniform Faithful Presidential Electors Act or similar law.
Sec. 14. Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read:
Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the office of governor, lieutenant governor, attorney general, state auditor, secretary of state, chief justice or associate justice of the Supreme Court, judge of the Court of Appeals, United States senator, or presidential elector or alternate.
Sec. 15. REPEALER.
Minnesota Statutes 2014, sections
208.07; and 208.08, are repealed."
Delete the title and insert:
"A bill for an act relating to elections; modifying various provisions related to elections administration, including provisions related to school boards, voters, ballots, registration, violations, absentee ballots, candidates, vacancies, recounts, filing fees, and precincts; modifying military and overseas absentee voting provisions; providing the Uniform Faithful Presidential Electors Act; making various technical changes; amending Minnesota Statutes 2014, sections 123B.09, subdivision 1; 200.02, subdivisions 7, 23, by adding subdivisions; 201.071, subdivision 1; 201.158; 201.275; 203B.01, subdivision 3; 203B.07, subdivision 1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 204B.07, subdivision 2; 204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1; 204B.19, subdivision 6; 204B.36,
subdivisions 1, 2, 3, 4; 204B.44; 204B.45, subdivision 2; 204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.13, subdivisions 2, 3, 5; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions 1, 2; 204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision 4; 204D.27, subdivision 11; 205.13, subdivision 3; 206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, subdivision 2; 209.021, subdivisions 2, 3; 209.09, subdivision 2; 365.22, subdivisions 2, 3; 367.31, subdivision 4; 368.85, subdivision 4; 376.04; 412.551, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 208; repealing Minnesota Statutes 2014, sections 204B.14, subdivision 6; 204C.13, subdivision 4; 204C.30, subdivision 1; 208.07; 208.08; 383A.555."
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 921, A bill for an act relating to taxation; providing for a long-term care savings plan; providing for an income tax subtraction for contributions made to the long-term care savings plan; amending Minnesota Statutes 2014, sections 290.01, subdivisions 19a, 19b; 290.091, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 16A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 954, A bill for an act relating to insurance; long-term care; reducing the minimum permitted inflation protection for a long-term care insurance partnership policy; continuing to permit other types of inflation protection; amending Minnesota Statutes 2014, section 62S.23, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 976, A bill for an act relating to human services; modifying eligibility for group residential housing; amending Minnesota Statutes 2014, sections 256I.04, subdivision 1; 256I.06, subdivision 8.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 995, A bill for an act relating to local government aid for out-of-home placement costs of children under the Indian Child Welfare Act; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.
Reported the same back with the recommendation that the bill be re-referred to the Property Tax and Local Government Finance Division.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 1047, A bill for an act relating to health; creating the Born Alive Infants Protection Act; providing for civil remedies and protections; amending Minnesota Statutes 2014, sections 145.4131, subdivision 1; 145.423.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1063, A bill for an act relating to mental health; providing for training and outreach regarding mental health peer specialists; establishing medical assistance coverage for clubhouse program services; appropriating money for intensive community rehabilitation services, suicide prevention, intensive treatment for adolescents and young adults, and housing for individuals with mental illness; amending Minnesota Statutes 2014, sections 256B.0615, by adding a subdivision; 256B.0625, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, after line 4, insert:
"Sec. 3. REPORT
ON INTENSIVE COMMUNITY REHABILITATION SERVICES (ICRS).
The commissioner of human services
shall provide a report with recommendations about the intensive community
rehabilitation services program and options for sustainable funding modes. The report shall specifically:
(1) analyze how the intensive community
rehabilitation services program provides needed services and supports that are
not part of other mental health services already covered by medical assistance;
(2) identify similar program models
that are used in other states that fill similar service gaps and how they are
funded;
(3) analyze how the intensive community
rehabilitation services model differs between rural and metro areas;
(4) make recommendations for expanding
the services; and
(5) analyze potential sources for
sustainable funding, including inclusion as a medical assistance benefit.
Stakeholders will be included in the development of this report. The report is due to the chairs of the committees with jurisdiction over health and human services finance by January 15, 2016."
Page 2, delete lines 7 to 9 and insert:
"$1,200,000 per year is appropriated from the general fund to the commissioner of human services in fiscal years 2016 and 2017 for the continuation of the intensive community rehabilitation services program. This is a onetime appropriation."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "requiring a report;"
With the recommendation that when so amended the bill be re-referred to the Committee on Higher Education Policy and Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1073, A bill for an act relating to human services; modifying the community first services and supports program; amending Minnesota Statutes 2014, section 256B.85, subdivisions 1, 2, 7.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1079, A bill for an act relating to agriculture; establishing a farmer advocate office to provide one-stop regulatory assistance; appropriating money; amending Minnesota Statutes 2014, section 17.03, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 8, delete "advocate" and insert "ombudsman"
Amend the title as follows:
Page 1, line 2, delete "advocate" and insert "ombudsman"
With the recommendation that when so amended the bill be re-referred to the Committee on Agriculture Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1109, A bill for an act relating to data practices; modifying requirements related to access to and transfer of MNsure data; amending Minnesota Statutes 2014, section 62V.06, subdivisions 5, 8.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1135, A bill for an act relating to commerce; regulating guaranteed asset protection waivers; proposing coding for new law as Minnesota Statutes, chapter 59D.
Reported the same back with the following amendments:
Page 1, line 8, after "contract" insert ", including a guaranteed asset protection waiver," and after "offered" insert "by a banking institution or credit union"
Page 1, line 9, after "52;" insert "and"
Page 1, line 11, delete "; and" and insert a period
Page 1, delete lines 12 and 13
Page 1, line 20, delete "11" and insert "10"
Page 2, delete lines 3 to 6
Renumber the subdivisions in sequence
Page 2, line 34, delete "with a consumer" and insert "for personal, family, or household purposes"
Page 4, line 26, delete everything after the first "provided"
Page 4, line 27, delete everything before the semicolon
Page 5, line 2, delete the third comma and insert ". If such a request is being made because of the termination of the finance agreement, notice must be provided to the creditor, administrator, or other party within 90 days of the occurrence of the event terminating the finance agreement;"
Page 5, delete line 3
Page 5, line 10, delete "Guaranteed asset"
Page 5, delete line 11
Page 5, line 12, delete "period."
Page 5, line 14, delete everything after the period
Page 5, delete lines 15 and 16
Page 5, delete subdivision 2 and insert:
"Subd. 2. Refund
requirements after free-look period.
(a) Guaranteed asset protection waivers may be cancelable or
noncancelable after the free-look period.
(b) In the event of a borrower's
cancellation of the GAP waiver or early termination of the finance agreement,
after the agreement has been in effect beyond the free-look period, the
borrower may be entitled to a refund of any unearned portion of the purchase
price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower,
in accordance with any applicable terms of the waiver, must provide a written
request to the creditor, administrator, or other party. If such a request is being made because of
the termination of the finance agreement, notice must be provided to the
creditor, administrator, or other party within 90 days of the occurrence of the
event terminating the finance agreement.
(c) If the cancellation of a GAP waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subdivision 3."
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1151, A bill for an act relating to human services; modifying medical assistance coverage and reimbursement for dental services; authorizing development of a new dental reimbursement system; convening a work group on oral health system administrative simplification; covering basic dental screenings performed by dental hygienists and dental therapists; appropriating money; amending Minnesota Statutes 2014, sections 256B.0625, subdivisions 9, 14; 256B.76, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1152, A bill for an act relating to health; establishing a work group to review and make recommendations on vaccinating and screening home care employees; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1161, A bill for an act relating to pollution control; providing for permitting of private truck wash facilities operated as part of feedlot operation; amending Minnesota Statutes 2014, section 116.07, subdivision 7.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 116.07, subdivision 7, is amended to read:
Subd. 7. Counties; processing of applications for animal lot permits. Any Minnesota county board may, by resolution, with approval of the Pollution Control Agency, assume responsibility for processing applications for permits required by the Pollution Control Agency under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee.
(a) For the purposes of this subdivision, the term "processing" includes:
(1) the distribution to applicants of forms provided by the Pollution Control Agency;
(2) the receipt and examination of completed application forms, and the certification, in writing, to the Pollution Control Agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance would be required for the issuance of a permit; and
(3) rendering to applicants, upon request, assistance necessary for the proper completion of an application.
(b) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control Agency shall, after written notification, have 15 days to review, suspend, modify, or reverse the issuance of the permit. After this period, the action of the county board is final, subject to appeal as provided in chapter 14. For permit applications filed after October 1, 2001, section 15.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision.
(c) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years. These exceptions include waiving requirements for major capital improvements.
(d) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the 100-year flood is not a "direct discharge of pollutants."
(e) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies.
(f) The Pollution Control Agency shall work with the Minnesota Extension Service, the Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter.
(g) The Pollution Control Agency shall adopt rules governing the issuance and denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section. Pastures are exempt from the rules authorized under this paragraph. A feedlot permit is not required for livestock feedlots with more than ten but less than 50 animal units; provided they are not in shoreland areas. A livestock feedlot permit does not become required solely because of a change in the ownership of the buildings, grounds, or feedlot. These rules apply both to permits issued by counties and to permits issued by the Pollution Control Agency directly.
(h) The Pollution Control Agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county.
(i) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and finance committees with jurisdiction over agriculture and the environment prior to final adoption. The rules must not become effective until 90 days after the proposed rules are submitted to the members.
(j) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee.
(k) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in Pollution Control Agency rules.
(l) After January 1, 2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted.
(m) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator.
(n) For the purposes of feedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fine for a discharge violation.
(o) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17, except type 1 or type 2 wetlands, as defined in section 103G.005, subdivision 17b, and does not meet discharge standards established for feedlots under agency rule.
(p) Unless the upgrade is needed to correct an immediate public health threat under section 145A.04, subdivision 8, or the facility is determined to be a concentrated animal feeding operation under Code of Federal Regulations, title 40, section 122.23, in effect on April 15, 2003, the agency may not require a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or
(2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less.
(q) For the purposes of this section, "pastures" means areas, including winter feeding areas as part of a grazing area, where grass or other growing plants are used for grazing and where the concentration of animals allows a vegetative cover to be maintained during the growing season except that vegetative cover is not required:
(1) in the immediate vicinity of supplemental feeding or watering devices;
(2) in associated corrals and chutes where livestock are gathered for the purpose of sorting, veterinary services, loading and unloading trucks and trailers, and other necessary activities related to good animal husbandry practices; and
(3) in associated livestock access lanes used to convey livestock to and from areas of the pasture.
(r) A permit to land apply industrial
byproducts is not required for a feedlot operator who stores and applies up to
100,000 gallons of private truck wash wastewater per year in accordance with
Pollution Control Agency requirements for nonpermitted land applications of
industrial byproduct.
(s) A feedlot operator who holds a
permit from the Pollution Control Agency to land apply industrial byproducts
from a private truck wash is exempt from:
(1) all permit sampling and analysis
requirements, however private truck wash wastewater must be sampled and
analyzed for phosphorus and nitrogen to determine agronomic rates prior to land
application; and
(2) any requirement that a certified
land applicator apply the private truck wash wastewater so long as the
wastewater is applied by the feedlot operator to cropland owned or leased by
the feedlot operator or by a commercial animal waste technician licensed by the
commissioner of agriculture under chapter 18C.
For purposes of this paragraph and paragraph (r), "private truck wash" means a truck washing facility owned, operated, and used only by a feedlot operator to wash trucks owned or leased by the feedlot operator and used to transport animals or supplies to and from the feedlot."
With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 1162, A bill for an act relating to state lands; exempting university land from the prohibition on selling lands bordering public waters; amending Minnesota Statutes 2014, section 92.45.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1170, A bill for an act relating to education; postsecondary; providing a teacher shortage loan forgiveness program; authorizing rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [136A.1791]
TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM.
Subdivision 1. Definitions. (a) The terms used in this section
have the meanings given them.
(b) "Qualified educational
loan" means a government, commercial, or foundation loan for actual costs
paid for tuition and reasonable educational and living expenses related to a
teacher's preparation or further education.
(c) "School district" means
an independent school district, special school district, intermediate district,
education district, special education cooperative, service cooperative, a
cooperative center for vocational education, or a charter school located in
Minnesota.
(d) "Teacher" means an
individual issued a teaching license by the Board of Teaching who is employed
by a school district to provide classroom instruction in a teacher shortage
area.
(e) "Teacher shortage area"
means the licensure fields and economic development regions reported by the
commissioner of education as experiencing a teacher shortage.
(f) "Commissioner" means the
commissioner of the Office of Higher Education unless indicated otherwise.
Subd. 2. Program
established; administration. The
commissioner shall establish and administer a teacher shortage loan forgiveness
program. A teacher is eligible for the
program if the teacher is teaching in a licensure field and in an economic
development region with an identified teacher shortage under subdivision 3 and
complies with the requirements of this section.
Subd. 3. Annual
report on teacher shortage areas. The
commissioner of education shall use the annual teacher supply and demand report
to the legislature to identify the licensure fields and economic development
regions in Minnesota experiencing a teacher shortage.
Subd. 4. Application
for loan forgiveness. Each
applicant for loan forgiveness, according to rules adopted by the commissioner,
shall:
(1) apply for teacher shortage loan
forgiveness and promptly submit any additional information required by the
commissioner;
(2) annually reapply for up to five
consecutive school years and submit information the commissioner requires to
determine the applicant's continued eligibility for loan forgiveness; and
(3) submit to the commissioner a completed
affidavit, prescribed by the commissioner, affirming the teacher is teaching in
a licensure field and in an economic development region identified by the
commissioner as experiencing a teacher shortage.
Subd. 5. Amount
of loan forgiveness. To the
extent funding is available, the annual amount of teacher shortage loan
forgiveness for an approved recipient shall not exceed $....... or the
cumulative balance of the recipient's qualified educational loans, including
principal and interest, whichever amount is less. Recipients must secure their own qualified
educational loans. Teachers who graduate
from an approved teacher preparation program or teachers who add a licensure
field, consistent with the teacher shortage requirements of this section, are
eligible to apply for the loan forgiveness program.
Subd. 6. Penalties. (a) A teacher who submits a false or
misleading application or other false or misleading information to the
commissioner may:
(1) have his or her teaching license
suspended or revoked under section 122A.20;
(2) be disciplined by the teacher's
employing school district; or
(3) be required by the commissioner to
repay the total amount of the loan forgiveness he or she received under this
program, plus interest at a rate established under section 270C.40.
(b) The commissioner must deposit any
repayments received under paragraph (a) in the fund established in subdivision
7.
Subd. 7. Fund
established. A teacher
shortage loan forgiveness repayment fund is created for depositing money
appropriated to or received by the commissioner for this program. Money deposited in the fund shall not revert
to any state fund at the end of any fiscal year but remains in the loan
forgiveness repayment fund and is continuously available for loan forgiveness
under this section.
Subd. 8. Annual
reporting. The commissioner,
annually by February 1, must report to the chairs of the K-12 and higher
education committees of the legislature on the number of individuals who
received loan forgiveness under this section, the licensure areas and economic
development regions in which the teachers taught, the average amount paid to a
teacher participating in the program, and other summary data identified by the
commissioner as outcome indicators.
Subd. 9. Rulemaking. The commissioner shall adopt rules
under chapter 14 to administer this section.
Sec. 2. APPROPRIATIONS.
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the general fund to the commissioner of the Office of Higher Education for the teacher shortage loan forgiveness program under Minnesota Statutes, section 136A.1791, and for adopting rules to administer the program."
With the recommendation that when so amended the bill be re-referred to the Committee on Higher Education Policy and Finance.
The report was adopted.
Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:
H. F. No. 1199, A bill for an act relating to human services; increasing the base wage for residential asleep‑overnight staff; increasing ICF/DD payment rates to defray costs resulting from increases in the minimum wage; amending Minnesota Statutes 2014, sections 256B.4914, subdivision 5; 256B.5012, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1246, A bill for an act relating to health insurance; requiring coverage for telemedicine for health carriers and medical assistance; amending Minnesota Statutes 2014, section 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported the same back with the following amendments:
Page 1, after line 8, insert:
"Subdivision 1. Applicability. For purposes of this section, the terms defined in this section have the meanings given."
Renumber the subdivisions in sequence
Page 1, line 17, after "3" insert ", but does not include dental plans that provide indemnity-based benefits, regardless of expenses incurred and are designed to pay benefits directly to the policyholder"
Page 2, line 6, delete "is not a telemedicine consultation." and insert "or audio-only telephone, email, or facsimile transmissions does not constitute telemedicine consultations."
Page 2, line 7, delete the colon
Page 2, line 8, delete "(1)"
Page 2, line 11, after "education," insert "and" and delete ", and self-management" and delete "; or" and insert a period
Page 2, delete lines 12 to 15
Page 2, line 17, after "plan" insert "sold," and after "issued" insert a comma
Page 2, line 18, after "carrier" insert "for which coverage of benefits begins" and delete "August 1, 2016" and insert "January 1, 2017"
Page 2, line 20, after the period, insert "Nothing in this section shall be construed to require a health carrier to provide coverage for services that are not medically necessary."
Page 2, line 26, after "for" insert "covered"
Page 2, line 28, after "delivered" insert "by the distant site provider"
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1257, A bill for an act relating to government contracting; clarifying the responsible contractor law; amending Minnesota Statutes 2014, section 16C.285, subdivisions 1, 2, 3, 4, 6.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 16C.285, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Construction contract" means a contract or subcontract of any tier for work on a project.
(c) "Contractor" means a prime
contractor or subcontractor or motor carrier, and does not include a design
professional or a material supplier.
A "design professional" is a business or natural person
retained to perform services on the project for which licensure is required by
section 326.02. A "material
supplier" is a business or natural person that supplies materials,
equipment, or supplies to a subcontractor or contractor on a project, including
performing delivery or unloading services in connection with the supply of
materials, equipment, or supplies; provided, however, that a material supplier
does not include a natural person or business that delivers mineral aggregate
such as sand, gravel, or stone that is incorporated into the work under the contract
by depositing the material substantially in place, directly or through
spreaders, from the transporting vehicle.
(d) "Contracting authority" means a state agency, the Minnesota State Colleges and Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission, or a municipality that enters into a construction contract or authorizes or directs entering into a construction contract.
(e) "Motor carrier" means a
business or natural person providing for-hire transportation of materials,
equipment, or supplies for a project.
(e) (f) "Municipality"
means a county, town, home rule charter or statutory city, school district,
housing and redevelopment authority, port authority, economic development
authority, sports facilities authority, joint powers board or organization
created under section 471.59 or other statute, special district,
instrumentality, drainage authority, watershed district, destination medical
center corporation, or other municipal corporation or political subdivision of
the state authorized by law to enter into contracts.
(f) (g) "Prime contractor" means a vendor that submits a bid or proposal or otherwise responds to a solicitation document of a contracting authority for work on a project or is awarded a construction contract by a contracting authority for work on a project. A prime contractor includes a construction manager for purposes of this section.
(g) (h) "Principal"
means an owner holding at least a 25 percent ownership interest in a business.
(h) (i) "Project"
means building, erection, construction, alteration, remodeling, demolition, or
repair of buildings, real property, highways, roads, bridges, or other
construction work performed pursuant to a construction contract.
(i) (j) "Related
entity" means:
(1) a firm, partnership, corporation, joint venture, or other legal entity substantially under the control of a contractor or vendor;
(2) a predecessor corporation or other legal entity having one or more of the same principals as the contractor or vendor;
(3) a subsidiary of a contractor or vendor;
(4) one or more principals of a contractor or vendor; and
(5) a person, firm, partnership, corporation, joint venture, or other legal entity that substantially controls a contractor or vendor.
(j) (k) "Solicitation
document" means an invitation to bid, bid specifications, request for
proposals, request for qualifications, or other solicitation of contractors for
purposes of a construction contract.
(k) (l) "Subcontractor"
means a vendor that seeks to enter into a subcontract or enters into a
subcontract for work on a project.
(l) (m) "Vendor"
means a business, including a construction contractor or a natural person, and
includes both if the natural person is engaged in a business.
Sec. 2. Minnesota Statutes 2014, section 16C.285, subdivision 2, is amended to read:
Subd. 2. Responsible contractor required. (a) A contractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest responsible bidder or the vendor or contractor offering the best value as provided in section 16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206, 161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21, 469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, 473J.11, or any of their successor provisions.
(b) This section applies to publicly owned or financed projects where the contracting authority's construction contract with the prime contractor is estimated to exceed $50,000 and is awarded pursuant to a lowest responsible bidder selection method or a best value selection method as provided in paragraph (a). The amount of any tax increment financing must be excluded in determining whether a construction contract exceeds $50,000. A subcontractor or motor carrier must meet the minimum criteria in subdivision 3 to be eligible to be awarded a subcontract on a project regardless of the value of the subcontract.
(c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met.
Sec. 3. Minnesota Statutes 2014, section 16C.285, subdivision 3, is amended to read:
Subd. 3. Minimum criteria. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated" only if it involves two or more separate and distinct occurrences of underpayment during the three-year period;
(ii) has been issued an order to comply by the commissioner of labor and industry that has become final;
(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction.
Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;
(3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;
(4) the contractor 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 based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;
(5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;
(6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and
(7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.
Sec. 4. Minnesota Statutes 2014, section 16C.285, subdivision 4, is amended to read:
Subd. 4. Verification
of compliance. A contractor
responding to a solicitation document of a contracting authority shall submit
to the contracting authority a signed statement under oath by an owner or
officer verifying compliance with each of the minimum criteria in subdivision 3,
with the exception of clause (7), at the time that it responds to the
solicitation document. A contracting
authority may accept a sworn statement as sufficient to demonstrate that
a contractor is a responsible contractor and shall not be held liable for
awarding a contract in reasonable reliance on that statement. Failure A prime contractor,
subcontractor, or motor carrier that fails to verify compliance with any
one of the required minimum criteria or makes a false statement
under oath in a verification of compliance shall render the prime contractor
or subcontractor that makes the false statement be ineligible to be
awarded a construction contract on the project for which the verification was
submitted. A false statement under oath
verifying compliance with any of the minimum criteria may result in termination
of a construction contract that has already been awarded to a prime contractor
or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable
for declining to award a contract or terminating a contract based on a
reasonable determination that the contractor failed to verify compliance with
the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be
notarized. An electronic verification of
compliance made and submitted as part of an electronic bid shall be an
acceptable verification of compliance under this section provided that it contains
an electronic signature as defined in section 325L.02, paragraph (h). A typed electronic signature on a
verification of compliance shall be acceptable to the same extent as a
handwritten signature.
Sec. 5. Minnesota Statutes 2014, section 16C.285, subdivision 5, is amended to read:
Subd. 5. Subcontractor
verification. A prime contractor or
subcontractor shall include in its verification of compliance under subdivision
4 a list of all of its first-tier subcontractors that it intends to retain for
work on the project. Prior to
execution of a construction contract, and as a condition precedent to the
execution of a construction contract, the apparent successful prime contractor
shall submit to the contracting authority a supplemental verification under
oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain
from all subcontractors with which it will have a direct contractual
relationship a signed statement under oath by an owner or officer verifying that
they meet all of the minimum criteria in subdivision 3 prior to execution of a
construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement.
Sec. 6. Minnesota Statutes 2014, section 16C.285, is amended by adding a subdivision to read:
Subd. 5a. Motor
carrier verification. A prime
contractor or subcontractor shall obtain annually from all motor carriers with
which it will have a direct contractual relationship a signed statement under
oath by an owner or officer verifying that they meet all of the minimum
criteria in subdivision 3 prior to execution of a construction contract with
each motor carrier. A prime contractor
or subcontractor shall require each such motor carrier to provide it with
immediate written notification in the event that the motor carrier no longer
meets one or more of the minimum criteria in subdivision 3 after submitting its
annual verification. A motor carrier
shall be ineligible to perform work on a project covered by this section if it
does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or
subcontractor shall submit to the contracting authority the signed
verifications of compliance from all motor carriers providing for-hire
transportation of materials, equipment, or supplies for a project.
Sec. 7. Minnesota Statutes 2014, section 16C.285, subdivision 6, is amended to read:
Subd. 6. Additional
criteria. Nothing in this section
shall restrict the discretion of a contracting authority to establish
additional criteria factors for defining a responsible
contractor responsibility. This
subdivision is not an independent grant of authority to a contracting authority
to establish additional minimum criteria pursuant to subdivision 3.
Sec. 8. EFFECTIVE
DATE.
Sections 1 to 7 are effective July 1, 2015, and apply to all construction contracts entered into based on solicitation documents issued on or after that date."
Delete the title and insert:
"A bill for an act relating to state government; changing provisions in the responsible contractor law; amending Minnesota Statutes 2014, section 16C.285, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision."
With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Regulatory Reform.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1258, A bill for an act relating to health; establishing a grant program to increase organ donation among underserved communities; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1281, A bill for an act relating to state government; creating a legislative budget office; amending Minnesota Statutes 2014, sections 3.98; 3.987, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [3.9742]
BUDGET-RELATED DUTIES.
The legislative auditor shall:
(1) prepare fiscal notes and revenue
estimates on pending legislation; and
(2) prepare local government impact
notes on pending legislation.
Sec. 2. Minnesota Statutes 2014, section 3.98, is amended to read:
3.98
FISCAL NOTES AND REVENUE ESTIMATES.
Subdivision 1. Preparation. (a) The head or chief
administrative officer of each department or agency of the state government,
including the Supreme Court, legislative auditor shall prepare a
fiscal note or revenue estimate at the request of the chair of the
standing committee to which a bill has been referred, or the chair of the house
of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance, or the chair of the house of representatives or senate
Tax Committee.
(b) The head or chief administrative
officer of each department or agency of state government, including the Supreme
Court, shall supply information for fiscal notes and revenue estimates upon
request of the legislative auditor. The
legislative auditor may adopt standards and guidelines governing timing of
responses to requests for information and governing the auditor's access to
data, consistent with laws governing access to data. Agencies must comply with these standards and
guidelines.
(c) For purposes of this subdivision, "Supreme Court" includes all agencies, committees, and commissions supervised or appointed by the state Supreme Court or the state court administrator.
Subd. 2. Contents. (a) The A fiscal note,
where possible, shall:
(1) cite the effect in dollar amounts;
(2) cite the statutory provisions affected;
(3) estimate the increase or decrease in revenues or expenditures;
(4) include the costs which may be absorbed without additional funds;
(5) include the assumptions used in determining the cost estimates; and
(6) specify any long-range implication.
(b) The A revenue estimate must
estimate the effect of a bill on state tax revenues.
(c) A fiscal note or revenue estimate may comment on technical or mechanical defects in the bill but shall express no opinions concerning the merits of the proposal.
Subd. 3. Distribution. A copy of the a fiscal note
shall be delivered to the chair of the Ways and Means Committee of the house of
representatives, the chair of the Finance Committee of the senate, the chair of
the standing committee to which the bill has been referred, to the chief author
of the bill and to the commissioner of management and budget. A copy of a revenue estimate shall be
delivered to the chairs of the house of representatives and senate tax
committees, to the chief author of the bill, and to the commissioner of
revenue.
Subd. 4. Uniform
procedure. The commissioner of
management and budget legislative auditor shall prescribe a uniform
procedure to govern the departments and agencies of the state in complying with
the requirements of this section.
Sec. 3. Minnesota Statutes 2014, section 3.987, subdivision 1, is amended to read:
Subdivision 1. Local
impact notes. The commissioner of
management and budget legislative auditor shall coordinate the
development of a local impact note for any proposed legislation introduced
after June 30, 1997, upon request of the chair or the ranking minority
member of either legislative Tax, Finance, or Ways and Means Committee. Upon receipt of a request to prepare a local
impact note, the commissioner auditor must notify the authors of
the proposed legislation that the request has been made. The local impact note must be made available
to the public upon request. If the
action is among the exceptions listed in section 3.988, a local impact note
need not be requested nor prepared. The commissioner
auditor shall make a reasonable and timely estimate of the local fiscal
impact on each type of political subdivision that would result from the
proposed legislation. The commissioner
of management and budget auditor may require any political subdivision
or the commissioner of an administrative agency of the state to supply in a
timely manner any information determined to be necessary to determine local
fiscal impact. The political
subdivision, its representative association, or commissioner shall convey the
requested information to the commissioner of management and budget auditor
with a signed statement to the effect that the information is accurate and
complete to the best of its ability. The
political subdivision, its representative association, or commissioner, when
requested, shall update its determination of local fiscal impact based on
actual cost or revenue figures, improved estimates, or both. Upon completion of the note, the commissioner
auditor must provide a copy to the authors of the proposed legislation
and to the chair and ranking minority member of each committee to which the
proposed legislation is referred.
Sec. 4. Minnesota Statutes 2014, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b. Counties. (a) For aids payable in 2014 and thereafter, the total aid payable under section 477A.0124, subdivision 3, is $100,795,000. Each calendar year, $500,000 of this appropriation shall be retained by the commissioner of revenue to make reimbursements to the commissioner of management and budget for payments made under section 611.27. The reimbursements shall be to defray the additional costs associated with
court‑ordered counsel under section 611.27. Any retained amounts not used for reimbursement in a year shall be included in the next distribution of county need aid that is certified to the county auditors for the purpose of property tax reduction for the next taxes payable year.
(b) For aids payable in 2014 and thereafter,
the total aid under section 477A.0124, subdivision 4, is $104,909,575. The commissioner of revenue shall transfer to
the commissioner of management and budget $207,000 legislative
auditor $214,000 annually for the cost of preparation of local impact notes
as required by section 3.987, and other local government activities. The commissioner of revenue shall transfer
to the commissioner of education $7,000 annually for the cost of preparation of
local impact notes for school districts as required by section 3.987. The commissioner of revenue shall deduct the
amounts transferred under this paragraph from the appropriation under this
paragraph. The amounts transferred are
appropriated to the commissioner of management and budget and the
commissioner of education respectively legislative auditor.
Sec. 5. TRANSFER.
Upon request of the legislative
auditor, the commissioner of management and budget must transfer all records,
documents, data, hardware, and software relating to the fiscal note tracking
system to the legislative auditor.
Sec. 6. REPEALER.
Minnesota Statutes 2014, sections
270C.11, subdivision 5; and 270C.991, subdivisions 6 and 7, are repealed.
Sec. 7. EFFECTIVE
DATE.
Sections 1 to 6 are effective July 1, 2015."
Delete the title and insert:
"A bill for an act relating to state government; requiring the legislative auditor to perform certain budget-related legislative duties; appropriating money; amending Minnesota Statutes 2014, sections 3.98; 3.987, subdivision 1; 477A.03, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2014, sections 270C.11, subdivision 5; 270C.991, subdivisions 6, 7."
With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1284, A bill for an act relating to health; appropriating money for grants to assisted living facilities for assistive technology.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Reform.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1324, A bill for an act relating to volunteer firefighters; expanding areas eligible for aid; making the program ongoing; amending Minnesota Statutes 2014, section 69.022, subdivisions 1, 3, 4, 6, by adding subdivisions; repealing Minnesota Statutes 2014, section 69.022, subdivision 8.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1350, A bill for an act relating to human services; regulating nonemergency medical transportation providers; modifying payment rates for nonemergency medical transportation services; amending Minnesota Statutes 2014, sections 174.29, subdivision 1; 174.30, subdivisions 3, 4, by adding a subdivision; 256B.0625, subdivisions 17, 17a, 18a, 18e; Laws 2014, chapter 312, article 24, section 45, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1353, A bill for an act relating to state government; revising laws governing Minnesota ethnic councils; proposing coding for new law in Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2014, sections 3.9223; 3.9225; 3.9226.
Reported the same back with the following amendments:
Page 1, line 16, delete "legislative" and insert "executive"
Page 2, line 4, after the period, insert "The council must include at least five females."
Page 3, line 22, delete "executive committee of the"
Page 3, line 27, after the period, insert "The executive director and other council staff are executive branch employees."
Page 3, line 28, after "Duties"
insert "of council" and after "(a)" insert
"A council must work for the implementation of economic, social, legal,
and political equality for its constituency.
The council shall work with the legislature and governor to carry out
this work by performing the duties in this section.
(b)"
Reletter the paragraphs in sequence
Page 3, line 29, delete "includes" and insert "may include"
Page 3, line 34, delete "includes" and insert "may include"
Page 3, line 36, after the period, insert "This may also include making recommendations regarding the state's affirmative action program and the state's targeted group small business program."
Page 4, line 3, delete "includes" and insert "may include"
Page 4, line 6, delete "includes" and insert "may include"
Page 4, line 7, delete ", (b), and (c)" and insert "to (d)"
Page 4, delete subdivision 7 and insert:
"Subd. 7. Duties
of council members. A council
member shall:
(1) attend and participate in scheduled
meetings and be prepared by reviewing meeting notes;
(2) maintain and build communication
with the community represented;
(3) collaborate with the council and
executive director in carrying out the council's duties; and
(4) participate in activities the
council or executive director deem appropriate and necessary to facilitate the
goals and duties of the council.
Subd. 8. Powers. A council may enter into a contract for its purposes. A council may accept gifts, grants, and funds, and these are appropriated to the council for the purpose for which received."
Page 4, line 21, delete "8" and insert "9"
Page 4, line 22, after "plan" insert "to meet its statutory duties,"
Page 4, line 26, delete "a"
Page 4, line 27, delete "council must request"
Page 4, line 28, delete "to appear before the" and insert "must each schedule hearings at which the councils must present the annual reports."
Page 4, line 29, delete "committees to present the annual report."
Page 4, line 32, after the first "the" insert "statutory"
Page 4, line 33, after "primary" insert "statutory"
Page 5, line 14, before the period, insert ", or on another date determined by the Legislative Coordinating Commission"
With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1407, A bill for an act relating to taxation; property; providing that wine produced by a farm winery is an agricultural product for property tax classification purposes; amending Minnesota Statutes 2014, section 273.13, subdivision 23.
Reported the same back with the recommendation that the bill be re-referred to the Property Tax and Local Government Finance Division.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1447, A bill for an act relating to health; implementing investment priorities of the Legislative Health Care Workforce Council; establishing a grant program to expand clinical training of advanced practice registered nurses, physician assistants, and mental health professionals; establishing a grant program to expand primary care residency training; providing an incentive payment for health professions student preceptors and medical resident preceptors; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Page 1, line 22, delete "22" and insert "26"
Page 2, line 1, delete "eight" and insert "ten" and before the semicolon, insert ", at least five members must represent health care employers or education institutions outside the seven-county metropolitan area as defined in section 473.121, subdivision 2, one member must represent teaching hospitals, one member must represent oral health practice or education, and one member must represent mental health practice or education"
Page 2, after line 6, insert:
"(9) one member appointed by the governor representing a nonphysician health care provider, such as a physician assistant or an advanced practice registered nurse;"
Page 2, line 7, delete "(9)" and insert "(10)"
Page 2, line 8, delete "(10)" and insert "(11)"
Page 2, line 9, delete "(11)" and insert "(12)"
Page 2, line 10, delete "(12)" and insert "(13)" and delete "and"
Page 2, line 11, delete "(13)" and insert "(14)" and delete the period and insert "; and"
Page 2, after line 11, insert:
"(15) the commissioner of the Office of Higher Education or designee."
Page 2, line 15, delete "subdivision" and insert "subdivisions 2 and"
Page 2, after line 19, insert:
"Subd. 3. Terms of public members. The terms of members appointed under subdivision 2, paragraph (a), clauses (3) to (9), shall be four years. Members may serve until their successors are appointed and qualify. If a successor is not appointed by the July 1 after the scheduled end of a member's term, the term of the member for whom a successor has not been appointed shall be extended until the first Monday in January four years after the scheduled end of the term."
Renumber the subdivisions in sequence
Page 3, line 23, delete "psychiatric nursing,"
Page 7, line 18, after "weeks" insert "or 480 hours"
Page 7, line 35, after the period, insert "The maximum award to a preceptor shall be $1,500."
Page 8, line 13, delete "$2,100,000" and insert "$4,200,000" and delete "$2,100,000" and insert "$4,200,000"
Page 8, line 16, delete "$......." and insert "$4,500,000" and delete "$......." and insert "$4,500,000"
Page 8, line 17, delete "primary care residency" and insert "health professions preceptor incentive"
Page 8, line 18, delete "expansion"
Page 8, line 23, delete "3" and insert "4"
Amend the title as follows:
Page 1, line 3, delete "Council" and insert "Commission"
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 1448, A bill for an act relating to state lands; requiring sale of certain donated land.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1460, A bill for an act relating to human services; requiring the commissioner of human services to contract with a vendor to verify the eligibility of medical assistance and MinnesotaCare enrollees; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256B.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Kelly from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1461, A bill for an act relating to transportation; designating a segment of signed Trunk Highway 149 in Mendota Heights as Officer Scott Patrick Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 10, delete "northeastern border in Mendota Heights" and insert "intersection with Smith Avenue in West St. Paul"
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 1467, A bill for an act relating to condemnation; limiting railroad condemnation power in Hennepin County for public safety reasons; proposing coding for new law in Minnesota Statutes, chapter 383B.
Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance.
The report was adopted.
Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:
H. F. No. 1478, A bill for an act relating to taxation; sales and use; modifying the base of the metropolitan area sales tax; amending Minnesota Statutes 2014, section 297A.992, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1525, A bill for an act relating to transportation; modifying the composition of the Transportation Advisory Board of the Metropolitan Council; amending Minnesota Statutes 2014, section 473.146, subdivision 4.
Reported the same back with the following amendments:
Page 2, line 1, strike "appointed by the council" and before the semicolon, insert ", with one appointed by the council, and one appointed by the Suburban Transit Association who must be an elected official from a city participating in the replacement service program under section 473.388"
Page 2, lines 7 to 10, delete the new language and reinstate the stricken language
With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Policy and Finance.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1552, A bill for an act relating to human services; modifying nursing facility operating payment rates for certain facilities; amending Minnesota Statutes 2014, section 256B.431, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Anderson, S., from the Committee on State Government Finance to which was referred:
H. F. No. 1556, A bill for an act relating to veterans; changing "Hire a Veteran Month" from May to July; amending Minnesota Statutes 2014, section 10.565.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1581, A bill for an act relating to human services; increasing operating payment rates for certain nursing facilities in Koochiching County; amending Minnesota Statutes 2014, section 256B.431, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Kelly from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1598, A bill for an act relating to transportation; modifying right-of-way mowing restrictions; providing criminal penalties; amending Minnesota Statutes 2014, section 160.232.
Reported the same back with the following amendments:
Page 1, line 11, after the first comma, insert "up to" and strike "eight" and insert "15"
Page 1, line 15, after "safety" insert ", research, or construction" and strike everything after "reasons"
Page 1, line 16, strike "less than 12 inches" and delete "eight"
Page 2, line 18, delete "Licensed peace officers may enforce this section."
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1623, A bill for an act relating to higher education; appropriating money for the large animal veterinarian loan forgiveness program.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Higher Education Policy and Finance.
The report was adopted.
Dean, M., from the Committee on Health and Human Services Finance to which was referred:
H. F. No. 1651, A bill for an act relating to health; appropriating money for grant funding for opiate antagonist purchases and training.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Reform.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1653, A bill for an act relating to mental health; authorizing medical assistance coverage for psychiatric residential treatment for persons under age 21; amending Minnesota Statutes 2014, section 256B.0625, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1664, A bill for an act relating to taxation; requiring the state to transition to a federally facilitated marketplace under certain conditions; appropriating money; repealing Minnesota Statutes 2014, sections 62V.01; 62V.02; 62V.03; 62V.04; 62V.05; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; 62V.11.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 1682, A bill for an act relating to natural resources; repealing aquatic invasive species prevention program requirements; repealing Minnesota Statutes 2014, sections 84D.13, subdivision 9; 86B.13.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1693, A bill for an act relating to commerce; modifying unclaimed property requirements; modifying the commissioner's duties; requiring reports; appropriating money; amending Minnesota Statutes 2014, section 345.42, subdivision 1, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 1698, A bill for an act relating to taxation; property; modifying the requirements for class 1c property; modifying the treatment of leased seasonal-recreational land; amending Minnesota Statutes 2014, sections 272.0213; 273.13, subdivision 22.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
McNamara from the Committee on Environment and Natural Resources Policy and Finance to which was referred:
H. F. No. 1707, A bill for an act relating to natural resources; establishing an environment and natural resources trust fund payment account; providing trust fund payments to counties; appropriating money; amending Minnesota Statutes 2014, sections 116P.02, subdivision 1, by adding a subdivision; 477A.10; 477A.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116P.
Reported the same back with the following amendments:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 2014, section 97A.056, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For the purpose of (a) The
definitions in this subdivision apply to this section and appropriations
from the outdoor heritage fund,.
(b) "Land acquisition costs"
means acquisition coordination costs, costs of engineering services, appraisal
fees, attorney fees, taxes, assessments required at the time of purchase,
onetime trust fund payments under subdivision 1b, and recording fees.
(c) "Recipient" means the entity responsible for deliverables financed by the outdoor heritage fund.
Sec. 2. Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision to read:
Subd. 1b. Outdoor
heritage trust fund account; trust fund payments. (a) An outdoor heritage trust fund
account is created in the special revenue fund.
The State Board of Investment must ensure the account is invested under
section 11A.24. The commissioner of
management and budget must credit to the account all money appropriated to the
account and all money earned by the account.
The principal of the account and any unexpended earnings must be
invested and reinvested by the State Board of Investment. Nothing in this section limits the source of
contributions to the account. Money in
the account must be used only for the purposes of this subdivision.
(b) State land acquired in whole or in
part with money appropriated from the outdoor heritage fund is eligible for a
onetime trust fund payment as provided under this subdivision. For purposes of this subdivision,
"acquired in part" means that at least 20 percent of the state
payment for the parcel was from money from the outdoor heritage fund. The trust payment is equal to 30 times the
property taxes assessed in the year prior to the year in which the land is
acquired. If the land was acquired from
a private party that was exempt from paying property taxes, the payments must
be based on 30 times the property taxes assessed on comparable, privately
owned, adjacent land in the year prior to the year in which the land is acquired. The commissioner of revenue must make a trust
payment to each county on the same date as the first payment under section
273.1384, subdivision 4, each year for all land acquired in that county in the
12-month period ending on June 30 of that year.
By September 1 of each year, the county in which the land is acquired
must provide the commissioner of revenue with information necessary to make
this determination for all lands acquired for the 12-month period ending on
June 30 of that year.
(c) The amount necessary to make the
payments required under this subdivision is annually appropriated from the
outdoor heritage trust fund account to the commissioner of revenue.
(d) A county board must:
(1) deposit all or part of the trust
fund payment received by the commissioner of revenue under this subdivision
into a trust fund as provided under chapter 118A; or
(2) enter into an agreement with the
State Board of Investment to invest all or part of the trust fund payment in
investments under section 11A.24, subdivisions 1 to 5, on behalf of the county.
(e) For the year in which a trust fund
payment is made to a county for a parcel of land, the county board, by November
15, must withdraw an amount equal to:
(1) the remaining taxes owed to the
local governments for taxes spread that year for a parcel acquired between
January 1 and June 30; or
(2)
the amount of taxes paid on the parcel in the previous year if the parcel was
acquired before January 1 of the current year.
The county must distribute the amount by December 15 to all local
governments based on the location of the parcel and the local governments'
share of the total tax.
(f) By November 15 of each subsequent
year, a county board must withdraw an amount equal to the taxes that would be
owed based on the appraised value of the land in the county for which the
county received a trust fund payment under this subdivision, and the taxes
assessed on comparable, privately owned adjacent land, not to exceed 5-1/2
percent of the market value of the trust fund accounts established under this
subdivision by the county or for the benefit of the county as of June 30 of the
prior fiscal year. For purposes of this
subdivision, "appraised value" is determined in the manner described
in section 477A.12, subdivision 3. The
county treasurer must allocate the withdrawn funds among the county, the school
district, the town or home rule charter or statutory city, and special
districts on the same basis as if the funds were taxes on the land received in
that year. The county treasurer must pay
the allocation to all eligible local governments by December 15 of the year in
which the withdrawal is made. The
county's share of the payment must be deposited in the county general fund.
(g) Land receiving a trust fund payment
under this subdivision is not eligible for payments under sections 477A.11 to
477A.14.
EFFECTIVE DATE. This section is effective July 1, 2015, and applies to land acquired with funds appropriated on or after that date."
Page 3, after line 15, insert:
"EFFECTIVE DATE. This section is effective July 1, 2015, and applies to land acquired with funds appropriated on or after that date."
Page 3, delete section 4 and insert:
"Sec. 6. Minnesota Statutes 2014, section 477A.10, is amended to read:
477A.10
NATURAL RESOURCES LAND PAYMENTS IN LIEU; PURPOSE.
The purposes of sections 477A.11 to 477A.14 are:
(1) to compensate local units of government for the loss of tax base from state ownership of land, except land acquired in whole or in part with money appropriated on or after July 1, 2015, from the outdoor heritage fund or the environment and natural resources trust fund and the need to provide services for state land;
(2) to address the disproportionate impact of state land ownership on local units of government with a large proportion of state land; and
(3) to address the need to manage state lands held in trust for the local taxing districts."
Page 4, after line 2, insert:
"Sec. 8. Minnesota Statutes 2014, section 477A.11, is amended by adding a subdivision to read:
Subd. 10. Outdoor heritage lands. Notwithstanding any other provision of law to the contrary, natural resource land acquired in whole or in part with money appropriated from the outdoor heritage fund on or after July 1, 2015, is not included in the definitions of the lands described in subdivisions 3 to 7 and is excluded from payments under sections 477A.11 to 477A.14. For purposes of this subdivision, "acquired in part" means that at least 20 percent of the state payment for the acquisition of the parcel was from money from the outdoor heritage fund."
Page 4, line 3, delete "APPROPRIATION" and insert "APPROPRIATIONS"
Page 4, line 4, before "$......." insert "(a)"
Page 4, after line 7, insert:
"(b) $....... in fiscal year 2016 is appropriated from the outdoor heritage fund to the commissioner of management and budget for deposit into the outdoor heritage trust fund account within the special revenue fund for the purposes of Minnesota Statutes, section 97A.056, subdivision 1b."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete everything after "establishing" and insert "trust fund accounts;"
Page 1, line 3, delete everything before "providing"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1739, A bill for an act relating to human services; establishing a grant program to provide in-home and community services for older adults with vision loss; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256C.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1768, A bill for an act relating to taxation; increasing the income tax exclusion for the elderly and disabled; allowing a second exemption for certain property tax refund claimants; amending Minnesota Statutes 2014, sections 290.0802, subdivision 2; 290A.03, subdivision 3.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
Kelly from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1772, A bill for an act relating to transportation; designating the segment of marked Trunk Highway 36 in Maplewood as Sergeant Joseph Bergeron Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1790, A bill for an act relating to human services; requiring the commissioner of human services to seek an amendment to the budget methodology for consumer-directed community supports.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1793, A bill for an act relating to horse racing; modifying and providing definitions; clarifying commission powers and duties; modifying and providing for licensure requirements and other regulatory provisions; providing for industry-related revenue; amending Minnesota Statutes 2014, sections 240.01, subdivision 22, by adding subdivisions; 240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5, 6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23; 240.30, subdivisions 6, 8; 364.09; repealing Minnesota Statutes 2014, section 240.01, subdivisions 12, 23.
Reported the same back with the following amendments:
Page 1, after line 17, insert:
"EFFECTIVE DATE. This section is effective January 1, 2016."
Page 7, line 18, after "meet" insert "as agreed upon by the breed organizations participating in the live mixed meet. The agreement shall be in writing and filed with the commission prior to the first day of the live mixed meet. In the absence of a written agreement filed with the commission, the money set aside for purses and payments to the breeders fund from wagering on simulcasts, occurring during a live mixed meet, shall be allotted to each breed participating in the live mixed meet"
Page 7, after line 33, insert:
"EFFECTIVE DATE. This section is effective January 1, 2016."
Page 12, delete section 21
Page 13, delete section 22
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1824, A bill for an act relating to human services; modifying nursing facility operating payment rates for certain facilities; amending Minnesota Statutes 2014, section 256B.434, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 9, before "Effective" insert "(a)"
Page 1, after line 18, insert:
"(b) One hundred percent of the
money resulting from the rate adjustment under paragraph (a) must be used for increases
in compensation-related costs for employees directly employed by the nursing
facility on or after the effective date of the rate adjustment, except:
(1) the administrator;
(2) persons employed in the central
office of a corporation that has an ownership interest in the nursing facility
or exercises control over the nursing facility; and
(3) persons paid by the nursing
facility under a management contract.
(c) The commissioner shall allow as
compensation-related costs all costs for:
(1) wage and salary increases effective
after May 25, 2015;
(2) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, and workers'
compensation;
(3) the employer's share of health and
dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, and pensions; and
(4) other benefits provided and
workforce needs, including the recruiting and training of employees, subject to
the approval of the commissioner.
(d)
The portion of the rate adjustment under paragraph (a) that is not subject to
the requirements of paragraph (b) shall be provided to nursing facilities
effective October 1, 2015. Nursing
facilities may apply for the portion of the rate adjustment under paragraph (a)
that is subject to the requirements of paragraph (b). The application must be submitted to the
commissioner within six months of the effective date of the rate adjustment,
and the nursing facility must provide additional information required by the
commissioner within nine months of the effective date of the rate adjustment. The commissioner must respond to all
applications within three weeks of receipt.
The commissioner may waive the deadlines in the paragraph under
extraordinary circumstances, to be determined at the sole discretion of the
commissioner. The application must
contain:
(1) an estimate of the amounts of money
that must be used as specified in paragraph (b);
(2) a detailed distribution plan
specifying the allowable compensation-related increases the nursing facility
will implement to use the funds available in clause (1);
(3) a description of how the nursing
facility will notify eligible employees of the contents of the approved
application, which must provide for giving each eligible employee a copy of the
approved application, excluding the information required in clause (1), or
posting a copy of the approved application, excluding the information required
in clause (1), for a period of at least six weeks in an area of the nursing
facility to which all eligible employees have access; and
(4) instructions for employees who
believe they have not received the compensation-related increases specified in
clause (2), as approved by the commissioner, and which must include a mailing
address, an email address, and the telephone number that may be used by the
employee to contact the commissioner or the commissioner's representative.
(e) The commissioner shall ensure that
cost increases in distribution plans under paragraph (d), clause (2), that may
be included in approved applications, comply with the following requirements:
(1) a portion of the costs resulting
from tenure-related wage or salary increases may be considered to be allowable
wage increases, according to formulas that the commissioner shall provide,
where employee retention is above the average statewide rate of retention of
direct-care employees;
(2) the annualized amount of increases
in costs for the employer's share of health and dental insurance, life
insurance, disability insurance, and workers' compensation shall be allowable
compensation-related increases if they are effective on or after April 1, 2015,
and prior to April 1, 2016; and
(3) for nursing facilities in which
employees are represented by an exclusive bargaining representative, the
commissioner shall approve the application only upon receipt of a letter of
acceptance of the distribution plan, in regard to members of the bargaining
unit, signed by the exclusive bargaining agent and dated after May 25, 2015. Upon receipt of the letter of acceptance, the
commissioner shall deem all requirements of this subdivision as having been met
in regard to the members of the bargaining unit.
(f) The commissioner shall review
applications received under paragraph (d) and shall provide the portion of the
rate adjustment under paragraph (b) if the requirements of this subdivision
have been met. The rate adjustment shall
be effective October 1, 2015. Notwithstanding
paragraph (a), if the approved application distributes less money than is available,
the amount of the rate adjustment shall be reduced so that the amount of money
made available is equal to the amount to be distributed.
(g) The increase in this subdivision
shall be applied as a percentage to operating payment rates in effect on September
30, 2015. For each facility the
commissioner shall determine the operating payment rate, not including any rate
components resulting from equitable cost sharing for publicly owned nursing
facility program participation
under section 256B.441, subdivision 55a, or performance-based incentive payment program participation under section 256B.434, subdivision 4, paragraph (d), for a resource utilization group class with a weight of 1.00 in effect on September 30, 2015."
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 1828, A bill for an act relating to relating to taxation; property; clarifying income producing property assessment data; amending Minnesota Statutes 2014, section 13.51, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1906, A bill for an act relating to environment; modifying uses of the pesticide regulatory account; modifying labeling and advertising prohibitions pertaining to plants beneficial to pollinators; amending Minnesota Statutes 2014, sections 18B.05, subdivision 1; 18H.14.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Agriculture Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1936, A bill for an act relating to human services; requiring the commissioner of human services to contract with a vendor for eligibility verification audit services for public health care programs.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1947, A bill for an act relating to telecommunications; permitting payment in cash for used wireless communications devices in certain circumstances; amending Minnesota Statutes 2014, section 325E.319, subdivision 4.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 323, 546, 783, 834, 954, 1047, 1109, 1135, 1461, 1556 and 1772 were read for the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The following House Files were introduced:
McDonald, Loonan, Lohmer and Barrett introduced:
H. F.
No. 2017, A bill for an act relating to taxation; sales and use; repealing the
tax on digital products; amending Minnesota Statutes 2014, sections 297A.61,
subdivisions 3, 4, 38; 297A.668, subdivisions 1, 2, 6a, 7; 297A.669, subdivision
14a; repealing Minnesota Statutes 2014, section 297A.61, subdivisions 50, 51,
52, 53, 54, 55, 56.
The bill was read for the first time and referred to the Committee on Taxes.
Marquart; Lien; Carlson; Freiberg; Hansen; Nelson; Davnie; Johnson, C.; Murphy, M.; Bly; Loeffler; Hornstein and Fischer introduced:
H. F. No. 2018, A bill for an act relating to state government finance; governing taxation and safety of railroads and pipelines; amending property taxes on railroads; eliminating sunset on assessment of railroads and pipeline companies; appropriating funds for certain railroad crossing improvements; amending Minnesota Statutes 2014, sections 270.80, subdivisions 1, 2, 3, 4, by adding subdivisions; 270.81, subdivisions 1, 3, by adding a subdivision; 270.82; 270.83, subdivisions 1, 2; 270.84; 270.86; 270.87; 272.02, subdivision 9; 275.025, subdivisions 1, 4; 299A.55, subdivision 4; repealing Minnesota Statutes 2014, sections 270.81, subdivision 4; 270.83, subdivision 3; Minnesota Rules, parts 8106.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 17, 17a, 18, 19, 20, 21; 8106.0300, subparts 1, 3; 8106.0400; 8106.0500; 8106.0600; 8106.0700; 8106.0800; 8106.9900.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
McDonald; Anderson, M.; Nash; Barrett and Davids introduced:
H. F. No. 2019, A bill for an act relating to taxation; sales and use tax; providing an exemption for an annual city celebration; amending Minnesota Statutes 2014, section 297A.70, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Baker and Hortman introduced:
H. F. No. 2020, A bill for an act relating to motor vehicles; providing rebates for propane vehicles and fueling stations; establishing a rebate program with the Department of Commerce; appropriating money.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Nelson introduced:
H. F. No. 2021, A bill for an act relating to building codes; regulating the heating, ventilating, and cooling occupation; proposing coding for new law in Minnesota Statutes, chapter 326B.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Gruenhagen, Smith and Hoppe introduced:
H. F. No. 2022, A bill for an act relating to civil actions; reducing the limitation period for bringing certain actions; amending Minnesota Statutes 2014, section 541.05, subdivision 1.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Allen introduced:
H. F. No. 2023, A bill for an act relating to health; appropriating money for culturally appropriate fitness grants for immigrant women.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Bennett introduced:
H. F. No. 2024, A bill for an act relating to health; appropriating money for grants to assisted living facilities for assistive technology.
The bill was read for the first time and referred to the Committee on Aging and Long-Term Care Policy.
Lesch introduced:
H. F. No. 2025, A bill for an act relating to health; regulating the practice of gestational carrying; creating rights and duties; providing for damages; proposing coding for new law in Minnesota Statutes, chapter 257.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Gunther, Green, Mahoney and O'Neill introduced:
H. F. No. 2026, A bill for an act relating to workforce programs; modifying uniform outcome reporting; amending Minnesota Statutes 2014, section 116L.98, subdivisions 1, 3, 5, 7.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Anderson, M., introduced:
H. F. No. 2027, A bill for an act relating to natural resources; authorizing sale of certain tax-forfeited land.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Pugh introduced:
H. F. No. 2028, A bill for an act relating to regulatory reform; modifying legislative approval of certain rules; amending Minnesota Statutes 2014, section 14.127.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Bly, Kahn and Persell introduced:
H. F. No. 2029, A bill for an act relating to agriculture; establishing a moratorium on the sale and use of certain pesticides; proposing coding for new law in Minnesota Statutes, chapter 18B.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Torkelson, Daniels, Wills, Kahn and Murphy, M., introduced:
H. F. No. 2030, A bill for an act relating to arts and cultural heritage; appropriating money for grants to public television.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Whelan introduced:
H. F. No. 2031, A bill for an act relating to education; appropriating money for the 13th grade.
The bill was read for the first time and referred to the Committee on Education Finance.
Garofalo introduced:
H. F. No. 2032, A bill for an act relating to energy; requiring a study of the feasibility of creating a state public power authority; appropriating money.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Newberger introduced:
H. F. No. 2033, A bill for an act relating to state government; requiring a study of the prospects for reorganizing energy activities among state agencies; appropriating money.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Quam introduced:
H. F. No. 2034, A bill for an act relating to taxation; local government aid; imposing per capita limits on aid to first class cities; amending Minnesota Statutes 2014, sections 477A.013, subdivision 10, by adding a subdivision; 477A.03, subdivision 2a.
The bill was read for the first time and referred to the Committee on Taxes.
Hamilton, Davids, Schomacker, Carlson, Loeffler and Liebling introduced:
H. F. No. 2035, A bill for an act relating to human services; providing for rate increases for direct support services providers; appropriating money for training of direct support services providers.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Bernardy, Hausman, Melin, Hornstein, Metsa, Atkins, Moran and Johnson, S., introduced:
H. F. No. 2036, A bill for an act relating to elections; providing for early voting; appropriating money; amending Minnesota Statutes 2014, sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.081; 203B.085; 203B.121, subdivisions 1, 3, 4, 5, by adding a subdivision; 204B.28, subdivision 2; 204C.10; 206.82, subdivision 1; 206.83; proposing coding for new law in Minnesota Statutes, chapter 203B.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Halverson introduced:
H. F. No. 2037, A bill for an act relating to human services; modifying requirements for child care assistance redeterminations of eligibility and recovery of overpayments; amending Minnesota Statutes 2014, sections 119B.025, subdivision 1, by adding a subdivision; 119B.09, subdivision 4; 119B.11, subdivision 2a.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Dean, M., introduced:
H. F. No. 2038, A bill for an act relating to human services; modifying the administrative cost limit for prepaid health plans and county-based purchasing plans; amending Minnesota Statutes 2014, section 256B.69, subdivision 5i.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Garofalo introduced:
H. F. No. 2039, A bill for an act relating to education finance; modifying pupil transportation procedures for certain nonresident charter school pupils; amending Minnesota Statutes 2014, sections 123B.88, by adding a subdivision; 124D.10, subdivision 16.
The bill was read for the first time and referred to the Committee on Education Finance.
Hamilton introduced:
H. F. No. 2040, A bill for an act relating to agriculture; appropriating money for the Board of Animal Health.
The bill was read for the first time and referred to the Committee on Agriculture Finance.
Yarusso and Slocum introduced:
H. F. No. 2041, A bill for an act relating to education; establishing the excellence in teaching program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Mahoney and Johnson, S., introduced:
H. F. No. 2042, A bill for an act relating to higher education; providing funding for an internship program at Metropolitan State University; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.
Hamilton introduced:
H. F. No. 2043, A bill for an act relating to housing finance; appropriating money to the Housing Finance Agency for housing projects near training centers for high-growth job areas.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Lohmer; Johnson, S., and Zerwas introduced:
H. F. No. 2044, A bill for an act relating to corrections; modifying base funding amount of community corrections aid formula; amending Minnesota Statutes 2014, section 401.10, subdivision 1.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Hausman; Newton; Poppe; Lien; Considine; Metsa; Persell; Johnson, S.; Lillie and Pinto introduced:
H. F. No. 2045, A bill for an act relating to education; establishing a grant program to increase student support services personnel in Minnesota schools; establishing a grant program to provide funding for postsecondary institutions that train student support services personnel; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Pierson introduced:
H. F. No. 2046, A bill for an act relating to education; modifying certain pupil unit provisions; amending Minnesota Statutes 2014, section 126C.05, subdivision 15.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Christensen and Kresha introduced:
H. F. No. 2047, A bill for an act relating to education; providing for information technology certifications through public-private partnership; appropriating money.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Mullery introduced:
H. F. No. 2048, A bill for an act relating to economic development; creating a grant program for businesses affected by the closure of the Upper St. Anthony Falls Lock; appropriating money.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Hortman, Uglem and Newton introduced:
H. F. No. 2049, A bill for an act relating to public safety; appropriating money for fire-fighting foam needed to extinguish oil-related fires.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Albright, Halverson, Nash, Drazkowski, Hoppe, Runbeck, Scott and Fenton introduced:
H. F. No. 2050, A bill for an act relating to the Metropolitan Council; modifying the Metropolitan Land Planning Act to eliminate authority of the Metropolitan Council to require local comprehensive plan amendments in response to council policies, plans, and system statements; amending Minnesota Statutes 2014, sections 473.145; 473.175,
subdivisions 1, 2; 473.851; 473.856; 473.858, subdivision 1; 473.859, subdivisions 3, 4; 473.864, subdivision 2; 473.865, subdivision 2; 473.87; repealing Minnesota Statutes 2014, sections 473.175, subdivision 3; 473.857; 473.864, subdivision 1; 473.866.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Newberger introduced:
H. F. No. 2051, A bill for an act relating to transportation; modifying eligibility for road authority snow removal; amending Minnesota Statutes 2014, section 160.21, subdivision 6.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Fabian, Kiel, Lien, Marquart and Backer introduced:
H. F. No. 2052, A bill for an act relating to environment; requiring water quality strategic plan for Red River of the North; requiring minimum water quality standards; appropriating money.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Theis introduced:
H. F. No. 2053, A bill for an act relating to motor vehicles; restricting driveway in-transit license to Minnesota applicants; allowing plate to be used outside Minnesota; amending Minnesota Statutes 2014, section 168.053, subdivision 1.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Torkelson introduced:
H. F. No. 2054, A bill for an act relating to clean water; modifying membership of the Clean Water Council; amending Minnesota Statutes 2014, section 114D.30, subdivision 2.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Thissen introduced:
H. F. No. 2055, A bill for an act relating to commerce; regulating electronic mail service providers; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Green introduced:
H. F. No. 2056, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land that borders public waters.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
CALENDAR FOR THE DAY
H. F. No. 841 was reported to the House.
Persell moved to amend H. F. No. 841, the second engrossment, as follows:
Page 2, line 8, after "member" insert ", or a spouse or dependent of that member,"
Page 2, line 9, after "member" insert ", or a spouse or dependent of that member,"
The motion prevailed and the amendment was adopted.
Murphy, M.; Kahn; Howe; Dettmer and Persell moved to amend H. F. No. 841, the second engrossment, as amended, as follows:
Page 2, after line 10, insert:
"Sec. 2. REPORT.
The commissioner of veterans affairs must report to the legislature by January 15, 2016, on the effect that contractual mandatory arbitration provisions have on active duty military service members, and in particular on the rights that these active duty service members have under law to be protected from foreclosures and repossessions."
Amend the title accordingly
Dettmer moved to amend the Murphy, M., et al amendment to H. F. No. 841, the second engrossment, as amended, as follows:
Page 1, line 4, delete "commissioner of veterans affairs" and insert "adjutant general of the Department of Military Affairs"
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Murphy, M., et al amendment, as amended, to H. F. No. 841, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.
H. F. No. 841, A bill for an act relating to the military; granting resident status for purposes of higher education grants and scholarships to certain active members of the military who reside in the state; requiring a report; amending Minnesota Statutes 2014, section 136A.101, 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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin 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 Monday, March 23, 2015 and established a prefiling requirement for amendments offered to the following bills:
H. F. Nos. 889 and 1027.
MOTIONS AND RESOLUTIONS
Winkler moved that the name of Laine be added as an author on H. F. No. 43. The motion prevailed.
Kresha moved that the name of Mariani be added as an author on H. F. No. 191. The motion prevailed.
Hoppe moved that the name of Hornstein be added as an author on H. F. No. 346. The motion prevailed.
Anderson, S., moved that the names of Fischer and Isaacson be added as authors on H. F. No. 352. The motion prevailed.
Zerwas moved that the names of Murphy, M., and Heintzeman be added as authors on H. F. No. 425. The motion prevailed.
Drazkowski moved that the name of Dettmer be added as an author on H. F. No. 596. The motion prevailed.
Newton moved that the name of Hornstein be added as an author on H. F. No. 671. The motion prevailed.
Bly moved that the name of Kahn be added as an author on H. F. No. 693. The motion prevailed.
O'Neill moved that the name of Murphy, M., be added as an author on H. F. No. 742. The motion prevailed.
Carlson moved that the name of Anderson, S., be added as an author on H. F. No. 914. The motion prevailed.
Wills moved that the name of Fischer be added as an author on H. F. No. 985. The motion prevailed.
Sundin moved that the name of Persell be added as an author on H. F. No. 998. The motion prevailed.
Miller moved that the names of Dill and Murphy, M., be added as authors on H. F. No. 1061. The motion prevailed.
Zerwas moved that the names of Moran and Fischer be added as authors on H. F. No. 1069. The motion prevailed.
Garofalo moved that the names of Rosenthal and Ward be added as authors on H. F. No. 1085. The motion prevailed.
Atkins moved that the name of Persell be added as an author on H. F. No. 1087. The motion prevailed.
Winkler moved that the name of Murphy, M., be added as an author on H. F. No. 1234. The motion prevailed.
Rosenthal moved that the name of Schoen be added as an author on H. F. No. 1264. The motion prevailed.
Davids moved that the name of Dettmer be added as an author on H. F. No. 1269. The motion prevailed.
Laine moved that the name of Pugh be added as an author on H. F. No. 1353. The motion prevailed.
Hackbarth moved that the names of Wills and Youakim be added as authors on H. F. No. 1354. The motion prevailed.
Daniels moved that the name of Clark be added as an author on H. F. No. 1425. The motion prevailed.
Ward moved that her name be stricken as an author on H. F. No. 1524. The motion prevailed.
Fenton moved that the name of Lucero be added as an author on H. F. No. 1529. The motion prevailed.
Scott moved that the name of Mack be added as an author on H. F. No. 1539. The motion prevailed.
Dean, M., moved that the name of Fischer be added as an author on H. F. No. 1557. The motion prevailed.
McDonald moved that the name of Newton be added as an author on H. F. No. 1609. The motion prevailed.
Anzelc moved that the name of Heintzeman be added as an author on H. F. No. 1641. The motion prevailed.
Baker moved that the name of Hertaus be added as an author on H. F. No. 1651. The motion prevailed.
Peterson moved that the name of Fischer be added as an author on H. F. No. 1659. The motion prevailed.
Drazkowski moved that the name of Runbeck be added as an author on H. F. No. 1736. The motion prevailed.
Backer moved that the name of Nornes be added as an author on H. F. No. 1800. The motion prevailed.
Allen moved that the name of Fischer be added as an author on H. F. No. 1858. The motion prevailed.
Erhardt moved that the name of Isaacson be added as an author on H. F. No. 1875. The motion prevailed.
Davnie moved that the name of Schoen be added as an author on H. F. No. 1895. The motion prevailed.
Schoen moved that the name of Zerwas be added as an author on H. F. No. 1907. The motion prevailed.
Pugh moved that the name of Dettmer be added as an author on H. F. No. 1942. The motion prevailed.
Urdahl moved that the name of Slocum be added as an author on H. F. No. 1955. The motion prevailed.
Mariani moved that the name of Slocum be added as an author on H. F. No. 1973. The motion prevailed.
Pugh moved that the name of Lohmer be added as an author on H. F. No. 1978. The motion prevailed.
Laine moved that the name of Freiberg be added as an author on H. F. No. 1984. The motion prevailed.
Lenczewski moved that the name of Erhardt be added as an author on H. F. No. 1985. The motion prevailed.
Drazkowski moved that the name of Lucero be added as an author on H. F. No. 1993. The motion prevailed.
Erickson moved that the name of Lucero be added as an author on H. F. No. 1995. The motion prevailed.
Dean, M., moved that H. F. No. 1001 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Taxes.
A roll call was requested and properly seconded.
The question was taken on the Dean, M., motion and the roll was called. There were 70 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Lenczewski
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Laine
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
The motion prevailed.
The Speaker assumed the Chair.
Loon moved that H. F. No. 328 be recalled from the Committee on Job Growth and Energy Affordability Policy and Finance and be re-referred to the Committee on Civil Law and Data Practices. The motion prevailed.
Selcer moved that H. F. No. 1542 be recalled from the Committee on Education Innovation Policy and be re‑referred to the Committee on Education Finance. The motion prevailed.
Considine moved that H. F. No. 1669 be recalled from the Committee on Transportation Policy and Finance and be re-referred to the Committee on Civil Law and Data Practices. The motion prevailed.
Simonson moved that H. F. No. 1940 be recalled from the Committee on Education Innovation Policy and be re‑referred to the Committee on Public Safety and Crime Prevention Policy and Finance. The motion prevailed.
Erickson moved that H. F. No. 44 be returned to its author. The motion prevailed.
Erickson moved that H. F. No. 297 be returned to its author. The motion prevailed.
Erickson moved that H. F. No. 1388 be returned to its author. The motion prevailed.
Thissen moved to amend the Permanent Rules of the House for the 89th Session as follows:
Add a new rule to read:
"4.04 Floor Adoption of Budget Resolution. Notwithstanding Rule 4.03, a budget resolution adopted by the Committee on Ways and Means pertaining to the 2016-2017 biennium shall be deemed not approved unless ratified by a majority of members of the House."
A roll call was requested and properly seconded.
LAY ON THE TABLE
Knoblach moved that the Thissen amendment to the Permanent Rules of the House for the 89th Session be laid on the table.
A roll call was requested and properly seconded.
POINT OF ORDER
Thissen raised a point of order pursuant to "Mason's Manual of Legislative Procedure" and custom and usage that the Knoblach motion was not in order. The Speaker ruled the point of order not well taken.
The question recurred on the Knoblach motion and the roll was called. There were 69 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Bernardy
Hausman
Hortman
Liebling
The motion prevailed and the Thissen amendment to the Permanent Rules of the House for the 89th Session was laid on the table.
MOTION TO SUSPEND RULES
Newton moved that the rules of the House be so far suspended that H. F. No. 564 be recalled from the Committee on Health and Human Services Finance, be given its second and third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
POINT OF ORDER
Winkler raised a point of order pursuant to section 121, paragraph 2, of "Mason's Manual of Legislative Procedure," relating to Breaches of the Order of the House. The Speaker ruled the point of order not well taken.
Anzelc and Dill were excused for the remainder of today's session.
POINT OF ORDER
Knoblach raised a point of order pursuant to section 114, paragraph 5, of "Mason's Manual of Legislative Procedure," relating to Asking Questions of Members. The Speaker ruled the point of order well taken.
Hortman appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 68 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Franson
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
So it was the judgment of the House that the decision of the Speaker should stand.
CALL OF THE HOUSE
On the motion of Thissen and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Applebaum
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
Knoblach 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.
MOTION TO FIX TIME TO CONVENE
Garofalo moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, March 23, 2015. The motion prevailed.
The question recurred on the Newton motion and the roll was called. There were 57 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Baker
Bennett
Bernardy
Bly
Carlson
Clark
Considine
Daniels
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Barrett
Christensen
Cornish
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
McNamara
Miller
Moran
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail.
ADJOURNMENT
Knoblach moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, March 23, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives