STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
SIXTY-FIRST
DAY
Saint Paul, Minnesota, Thursday, May 14, 2015
The House of Representatives convened at 10:00
a.m. and was called to order by Kurt Daudt, Speaker of the House.
The colors were presented by officers from
the Minnesota State Patrol in recognition of Police Week beginning on May 11,
2015 and Peace Officer's Memorial Day on May 15, 2015.
Prayer was offered by Pastor Dan Carlson,
Retired Police Chief of the Eden Prairie Police Department and Chaplain of the
Minnesota Law Enforcement Memorial Association, Excelsior, 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
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
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.
McDonald was 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.
REPORTS OF CHIEF CLERK
S. F. No. 706 and H. F. No. 980, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Halverson moved that S. F. No. 706 be substituted for H. F. No. 980 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1694 and H. F. No. 1935, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Green moved that S. F. No. 1694 be substituted for H. F. No. 1935 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1876 and H. F. No. 827, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Mullery moved that S. F. No. 1876 be substituted for H. F. No. 827 and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 748, A bill for an act relating to disaster assistance; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; appropriating money; authorizing the sale and issuance of state bonds.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. DISASTER
RELIEF APPROPRIATIONS.
Subdivision 1. Appropriations. The sums shown in the column under
"Appropriations" are appropriated from the general fund for relief as
specified in this act from the storms and flooding that occurred on or after
June 11, 2014, in the area in Minnesota designated under Presidential
Declaration of a Major Disaster FEMA-4182-DR, whether included in the original
declaration or added later by federal government action. Unless otherwise specified, the
appropriations in this act are available from the day following final enactment
through June 30, 2018, after which any unexpended and unencumbered balance
transfers to the disaster assistance contingency account as provided in Minnesota
Statutes, section 16A.28, subdivision 9.
The appropriations in this act are onetime and may be used to complete
projects started with appropriations under Laws 2015, chapter 2.
Subd. 2. Transfers. Money appropriated in this act for
programs under Minnesota Statutes, chapter 12A, may be transferred as provided
in Minnesota Statutes, section 12A.03, subdivision 5.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2015 |
2016 |
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Sec. 2. TRANSPORTATION;
LOCAL ROAD AND BRIDGE RECONSTRUCTION |
$800,000 |
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$0 |
To the commissioner of transportation for
grants under Minnesota Statutes, sections 12A.16, subdivision 3, and 174.50, to
local governments.
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Sec. 3. MINNESOTA
HISTORICAL SOCIETY |
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$100,000 |
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$0 |
To the Minnesota Historical Society for an assessment of the damage and repair of historic structures or other historic resources under Minnesota Statutes, section 12A.11.
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Sec. 4. NATURAL
RESOURCES |
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Subdivision
1. Total Appropriation |
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$5,155,000 |
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$0 |
To the commissioner of natural resources
for the purposes specified in Minnesota Statutes, section 12A.12. The amounts that may be spent for each
purpose are specified in the following subdivisions.
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Subd. 2. Facility
and Natural Resource Damage |
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2,140,000
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0
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For the purposes specified in Minnesota
Statutes, section 12A.12, subdivision 1.
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Subd. 3. Flood
Hazard Mitigation Grants |
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3,015,000
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0
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For the purposes specified in Minnesota
Statutes, section 12A.12, subdivision 2.
Funds are also available for the local share of flood mitigation
projects. This appropriation includes
funds for a grant to the Prior Lake-Spring Lake Watershed District for
restoration of the Prior Lake outlet channel.
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Sec. 5. BOARD OF WATER AND SOIL RESOURCES |
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Subdivision
1. Total Appropriation |
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$10,700,000 |
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$6,600,000 |
To the Board of Water and Soil Resources
for the purposes specified in Minnesota Statutes, section 12A.05. The amounts that may be spent for each purpose
are specified in the following subdivisions.
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Subd. 2. Reinvest in Minnesota (RIM) Conservation Easements |
4,700,000
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0
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For the purposes specified in Minnesota
Statutes, section 12A.05, subdivision 1.
The duration of the easements shall be perpetual.
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Subd. 3. Erosion, Sediment, and Water Quality Control Cost‑Share Program |
6,000,000
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6,600,000
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For the purposes specified in Minnesota
Statutes, section 12A.05, subdivision 2.
Priority use of these funds shall be to supplement or match federal
funds whenever possible and practical.
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Sec. 6. DEPARTMENT
OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
$100,000 |
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$0 |
Notwithstanding Minnesota Statutes,
section 12A.03, subdivision 3, to the commissioner of employment and economic
development for a grant to the Children's Museum of Southern Minnesota for
flood loss incurred by the museum.
Sec. 7. EFFECTIVE
DATE.
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to disaster assistance; appropriating money for relief."
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 839, A bill for an act relating to state finances; adjusting the date of the February forecast; amending Minnesota Statutes 2014, section 16A.103, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 10, before "February" insert "the last day of" and delete "28"
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 748 and 839 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 706, 1694 and 1876 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Nornes, Poppe, Hackbarth, Hansen and Backer introduced:
H. F. No. 2331, A bill for an act relating to environment; modifying permit requirements for subsurface sewage treatment systems; amending Minnesota Statutes 2014, section 115.55, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Loonan and Atkins introduced:
H. F. No. 2332, A bill for an act relating to insurance; establishing requirements for merged market health plans; making related changes; amending Minnesota Statutes 2014, sections 62K.15; 62L.02, subdivision 27; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Selcer; Murphy, M.; Mariani; Marquart; Yarusso; Hortman; Davnie; Halverson; Fischer; Johnson, C.; Ward; Simonson; Erhardt; Anzelc; Applebaum; Murphy, E.; Persell; Sundin; Hansen; Metsa; Schultz; Melin; Considine; Freiberg; Nelson; Johnson, S.; Hausman; Lenczewski; Laine; Rosenthal; Slocum; Bernardy; Bly and Moran introduced:
H. F. No. 2333, A bill for an act relating to education; providing for funding and policy in early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, facilities and technology, nutrition and accounting, libraries, early childhood education, prevention, self‑sufficiency and lifelong learning, and state agencies; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 5A.03; 119B.011, subdivision 15; 120A.41; 122A.18, subdivision 8; 122A.415, subdivision 1; 122A.63, subdivisions 4, 5, 6; 123A.482; 123B.57; 124D.11, subdivision 1; 124D.1158, subdivision 3; 124D.162; 124D.165, subdivision 2; 124D.42, subdivision 8; 124D.59, subdivision 2; 124D.81; 124D.83, subdivision 2; 125A.0942, subdivision 3; 125A.76, subdivisions 1, 2a; 125A.79, subdivisions 1, 5; 126C.01, subdivision 2; 126C.05, subdivision 1; 126C.10, subdivisions 1, 2, 2a, 2d, 2e, 13a, 18; 127A.33; 127A.41, subdivisions 8, 9; 134.355, subdivisions 5, 8, 9, 10; 136A.162; 256J.21, subdivision 2; 290.01, subdivision 19b; proposing coding for new law in Minnesota Statutes, chapters 122A; 123B; 124D; repealing Minnesota Statutes 2014, sections 122A.63, subdivisions 3, 7, 8; 123B.59; 123B.591.
The bill was read for the first time and referred to the Committee on Education Finance.
Newberger introduced:
H. F. No. 2334, A bill for an act relating to capital investment; appropriating money for a wastewater treatment facility for Clear Lake and Clearwater; authorizing the issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Lenczewski introduced:
H. F. No. 2335, A bill for an act relating to capital investment; appropriating money to develop trail connections to the Minnesota Valley Trail in the city of Bloomington; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.
Peterson and Norton introduced:
H. F. No. 2336, A bill for an act relating to health; establishing licensing requirements for behavior analysts and assistant behavior analysts; modifying definitions related to autism spectrum disorder; creating an advisory council; amending Minnesota Statutes 2014, section 148B.51; proposing coding for new law as Minnesota Statutes, chapter 148G.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Masin and Hornstein introduced:
H. F. No. 2337, A bill for an act relating to transportation; capital investment; appropriating money for bridge and interchange projects on a segment of marked Interstate Highway 35W; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 385, A bill for an act relating to business organizations; modifying conversion provisions; amending Minnesota Statutes 2014, sections 66A.02, subdivision 4; 302A.011, subdivisions 19, 22, 63, 64, 68, by adding a subdivision; 302A.471, subdivision 1; 302A.691; 302A.692; 322B.03, subdivision 37, by adding subdivisions; 322B.383, subdivision 1; 322C.0105, subdivision 2, by adding a subdivision; 322C.0110, subdivisions 4, 7; 322C.0201, subdivision 2; 322C.0203, subdivision 1; 322C.0404, subdivision 1; 322C.0407, subdivisions 1, 4; 322C.0408, subdivision 6; 322C.0410, subdivision 2; 322C.0502, subdivision 4; 322C.0902; 322C.1001,
subdivisions 11, 12; 322C.1007; 322C.1009; 322C.1101, subdivision 5; 322C.1204, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 302A; 322B; repealing Minnesota Statutes 2014, sections 302A.681; 302A.683; 302A.685; 302A.687; 302A.689; 322B.78; Laws 2014, chapter 157, article 2, sections 10; 11; 12; 13; 14; 15; 16; 30.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 450, A bill for an act relating to the military; establishing Military Spouses and Families Day; proposing coding for new law in Minnesota Statutes, chapter 10.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
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.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 362, 1757 and 1973.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 362, A bill for an act relating to veterans; designating the Honor and Remember Flag as an official symbol of the state's commitment to military service members who have lost their lives in service to our country; encouraging display of the flag on certain days in certain public locations; proposing coding for new law in Minnesota Statutes, chapter 197.
The bill was read for the first time.
Dettmer moved that S. F. No. 362 and H. F. No. 146, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1757, A bill for an act relating to health; modifying the definition of lodging establishment; amending Minnesota Statutes 2014, section 157.15, subdivision 8.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
S. F. No. 1973, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.
The bill was read for the first time.
Quam moved that S. F. No. 1973 and H. F. No. 2106, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
The members of the House paused to honor
Associate Justice Alan C. Page upon his retirement from the Minnesota Supreme
Court.
Peppin moved that the House recess subject to the call of the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro tempore Garofalo.
Franson and Isaacson were excused between the hours of 1:10 p.m. and 1:30 p.m.
Allen was excused between the hours of 1:10 p.m. and 1:50 p.m.
Baker was excused between the hours of 1:10 p.m. and 2:10 p.m.
CALENDAR FOR THE DAY
S. F. No. 229 was reported to the House.
Smith moved to amend S. F. No. 229, the third engrossment, as follows:
Page 12, delete section 25
Page 13, delete section 26 and insert:
"Sec. 25. Minnesota Statutes 2014, section 349A.13, is amended to read:
349A.13
RESTRICTIONS.
Subdivision 1. Authorizations. Nothing in this chapter The
director shall not:
(1)
authorizes the director to conduct a lottery game or contest the winner
or winners of which are determined by the result of a sporting event other than
a horse race conducted under chapter 240;
(2) authorizes the director to
install or operate a lottery device operated by coin or currency which when
operated determines the winner of a game; and
(3) authorizes the director to sell
pull-tabs as defined under section 349.12, subdivision 32; and
(4) offer the play of, on an electronic terminal, through a Web site, or by any other means or device, casino-style games, including, but not limited to, blackjack, craps, keno, dice games, roulette, or poker.
Subd. 2. Self-service
device and online sales. (a)
By August 1, 2018, the director of the State Lottery shall suspend the sale of
lottery tickets through:
(1) a self-service device that is part
of, shares a display with, or is adjacent to a retail petroleum dispenser under
section 239.751, including all contracts related to this activity; and
(2) a self-service device that is part
of, shares a display with, or is adjacent to an electronic financial terminal
under section 47.61, subdivision 3, including all contracts related to this
activity.
The suspension under this paragraph remains in effect
until repealed or amended by law by the legislature.
(b) By August 1, 2018, the director of
the State Lottery shall suspend the sale of instant win lottery tickets through
a Web site, including all contracts related to this activity. The suspension under this paragraph remains
in effect until repealed or amended by law by the legislature. The suspension under this paragraph does not
apply to the sale of tickets of a joint lottery within the meaning of section
349A.02, subdivision 3, or games that rely on a drawing to select a winner.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
S. F. No. 229, A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and other provisions regulating the conduct of lawful gambling; prohibiting director of State Lottery from offering casino-style games; amending Minnesota Statutes 2014, sections 349.12, subdivision 18, by adding subdivisions; 349.16, by adding a subdivision; 349.163, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivisions 2, 10, 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349A.13; repealing Minnesota Statutes 2014, sections 349.169; 349.19, subdivision 9.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called.
Pursuant to rule 2.05, Selcer was excused from voting on the final passage of S. F. No. 229.
There were 122 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
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
Simonson
Slocum
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Dehn, R.
Hackbarth
Knoblach
Moran
Peppin
Smith
The bill was passed and its title agreed to.
S. F. No. 1854, 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.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
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
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
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 and its title agreed to.
S. F. No. 280, A bill for an act relating to state government; ratifying labor agreements and compensation plans.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Barrett
Bennett
Bernardy
Bly
Carlson
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dehn, R.
Dettmer
Dill
Erhardt
Erickson
Fabian
Fenton
Fischer
Freiberg
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
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
Those who voted in the negative were:
Anderson, M.
Christensen
Dean, M.
Drazkowski
Franson
Garofalo
Hackbarth
Hertaus
Koznick
Lucero
Nash
Newberger
Peppin
Pugh
Quam
The bill was passed and its title agreed to.
S. F. No. 1679, A bill for an act relating to auto insurance; providing transportation network financial responsibility; amending Minnesota Statutes 2014, section 65B.64, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 65B.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
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
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
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 and its title agreed to.
S. F. No. 86 was reported to the House.
Cornish moved to amend S. F. No. 86, the third engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 222, the second engrossment:
"Section 1. Minnesota Statutes 2014, section 13.82, subdivision 2, is amended to read:
Subd. 2. Arrest data. The following data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty shall be public at all times in the originating agency:
(a) time, date and place of the action;
(b) any resistance encountered by the agency;
(c) any pursuit engaged in by the agency;
(d) whether any weapons were used by the agency or other individual;
(e) the charge, arrest or search warrants, or other legal basis for the action;
(f) the identities of the agencies, units within the agencies and individual persons taking the action;
(g) whether and where the individual is being held in custody or is being incarcerated by the agency;
(h) the date, time and legal basis for any transfer of custody and the identity of the agency or person who received custody;
(i) the date, time and legal basis for any release from custody or incarceration;
(j) the name, age, sex and last known address of an adult person or the age and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of liberty;
(k) whether the agency employed an automated license plate reader, wiretaps or other eavesdropping techniques, unless the release of this specific data would jeopardize an ongoing investigation;
(l) the manner in which the agencies received the information that led to the arrest and the names of individuals who supplied the information unless the identities of those individuals qualify for protection under subdivision 17; and
(m) response or incident report number.
Sec. 2. Minnesota Statutes 2014, section 13.82, is amended by adding a subdivision to read:
Subd. 31. Use
of surveillance technology. Notwithstanding
subdivision 25, and section 13.37, subdivision 2, the existence of all
technology maintained by a law enforcement agency that may be used to
electronically capture an audio, video, photographic, or other record of the
activities of the general public, or of an individual or group of individuals,
for purposes of conducting an investigation, responding to an incident or
request for service, monitoring or maintaining public order and safety, or
engaging in any other law enforcement function authorized by law is public
data.
Sec. 3. [13.824]
AUTOMATED LICENSE PLATE READERS.
Subdivision 1. Definition. As used in this section,
"automated license plate reader" means government data derived from
an automated reader that captures motor vehicle license plate numbers. Automated license plate reader includes a
device that is owned or operated by a person who is not a government entity to
the extent that data collected by the reader are shared with a law enforcement
agency.
Subd. 2. Data
collection; classification; use restrictions. (a) Data collected by an automated
license plate reader must be limited to the following:
(1) license plate numbers;
(2) date, time, and location data on
vehicles; and
(3)
pictures of license plates, vehicles, and areas surrounding the vehicles.
Collection of any data not authorized by this paragraph is
prohibited.
(b) All data collected by an automated
license plate reader are private data on individuals or nonpublic data unless
the data are public under section 13.82, subdivision 2, 3, or 6, or are active
criminal investigative data under section 13.82, subdivision 7.
(c) Data collected from an automated
license plate reader may only be matched with data in the Minnesota license
plate data file, provided that a law enforcement agency may use additional
sources of data for matching if the additional data relate to an active
criminal investigation. A central state
repository of automated license plate reader data is prohibited unless
explicitly authorized by law.
(d) An automated license plate reader
may not be used to target and track a person subject to an active criminal
investigation unless authorized by a warrant, issued upon probable cause.
Subd. 3. Destruction
of data required. (a)
Notwithstanding section 138.17, and except as otherwise provided in this
subdivision, data collected by an automated license plate reader that are not
related to an active criminal investigation must be destroyed no later than 30
days from the date of collection.
(b) Upon written request from an
individual who is the subject of a pending criminal charge or complaint, along
with the case or complaint number and a statement that the data may be used as
exculpatory evidence, data otherwise subject to destruction under paragraph (a)
must be preserved by the law enforcement agency until the criminal charge or
complaint is resolved or dismissed.
(c) Upon written request from a program
participant under chapter 5B, automated license plate reader data related to
the program participant must be destroyed at the time of collection or upon
receipt of the request, whichever occurs later, unless the data are active
criminal investigative data. The
existence of a request submitted under this paragraph is private data on
individuals.
(d) Data that are inactive criminal
investigative data are subject to destruction according to the retention
schedule for the data established under section 138.17.
Subd. 4. Sharing
among law enforcement agencies. (a)
Automated license plate reader data that are not related to an active criminal
investigation may only be shared with, or disseminated to, another law
enforcement agency upon meeting the standards for requesting access to data as
provided in subdivision 7.
(b) If data collected by an automated
license plate reader are shared with another law enforcement agency under this
subdivision, the agency that receives the data must comply with all data
classification, destruction, and security requirements of this section.
(c) Automated license plate reader data
that are not related to an active criminal investigation may not be shared
with, disseminated to, sold to, or traded with any other individual or entity
unless explicitly authorized by this subdivision or other law.
Subd. 5. Log
of use required. (a) A law
enforcement agency that installs or uses an automated license plate reader must
maintain a public log of its use, including but not limited to:
(1) specific times of day that the reader
actively collected data;
(2) the aggregate number of vehicles or
license plates on which data are collected for each period of active use;
(3)
for each period of active use, the number of vehicles or license plates in each
of the following categories where the data identify a vehicle or license plate
that has been stolen, a warrant for the arrest of the owner of the vehicle or an owner with a suspended or revoked
driver's license or similar category, or are active investigative data; and
(4) for a reader at a stationary or
fixed location, the location at which the reader actively collected data and is
installed and used.
(b) The law enforcement agency must
maintain a list of the current and previous locations, including dates at those
locations, of any fixed stationary automated license plate readers used by the
agency. The agency's list must be
accessible to the public, unless the agency determines that the data are
security information as provided in section 13.37, subdivision 2. A determination that these data are security
information is subject to in-camera judicial review as provided in section
13.08, subdivision 4.
Subd. 6. Annual
audit. (a) In addition to the
log required under subdivision 5, the law enforcement agency must maintain
records showing the date and time automated license plate reader data were
collected and the applicable classification of the data. The law enforcement agency shall arrange for
an independent, annual audit of the records to determine whether data currently
in the records are classified, how the data are used, whether they are
destroyed as required under this section, and to verify compliance with subdivision
7. Data in the records required under
this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. A law enforcement agency determined to be in
a pattern of substantial noncompliance with this section must immediately
suspend operation of all automated license plate reader devices until such time
as the legislature has authorized the agency, by law, to reinstate their use. An order of suspension under this paragraph
shall be issued by the commissioner of administration, upon review of the
results of the audit, review of the applicable provisions of this chapter, and
after providing the agency a reasonable opportunity to respond to the audit's
findings.
(c) A report summarizing the results of
each audit must be provided to the commissioner of administration, to the chair
and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over data practices and public safety issues,
and to the Legislative Commission on Data Practices and Personal Data Privacy
no later than 30 days following completion of the audit.
Subd. 7. Authorization
to access data. (a) A law
enforcement agency must comply with sections 13.05, subdivision 5, and 13.055
in the operation of automated license plate readers, and in maintaining
automated license plate reader data.
(b) The responsible authority for a law
enforcement agency must establish written procedures to ensure that law
enforcement personnel have access to the data only if authorized in writing, on
a case-by-case basis, by the chief of police, sheriff, or head of the law
enforcement agency, or their designee, to obtain access to data collected by an
automated license plate reader for a legitimate, specified, and documented law
enforcement purpose. Consistent with the
requirements of paragraph (c), a request for access must be pertinent to an
active criminal investigation, and must include a record of the factual basis
for the request and any associated case number, complaint, or incident that is
the basis for the request.
(c) The ability of authorized
individuals to enter, update, or access automated license plate reader data
must be limited through the use of role-based access that corresponds to the
official duties or training level of the individual and the statutory
authorization that grants access for that purpose. All queries and responses, and all actions in
which data are entered, updated, accessed, shared, or disseminated, must be
recorded in a data audit trail. Data contained
in the audit trail are public, to the extent that the data are not otherwise
classified by law.
Subd. 8. Notification
to Bureau of Criminal Apprehension. (a)
Within ten days of the installation or current use of an automated license
plate reader, a law enforcement agency must notify the Bureau of Criminal
Apprehension of that installation or use and of any fixed location of a
stationary automated license plate reader.
(b) The Bureau of Criminal Apprehension
must maintain a list of law enforcement agencies using automated license plate
readers, including locations of any fixed stationary automated license plate
readers. Except to the extent that the
law enforcement agency determines that the location of a specific reader is
security information, as defined in section 13.37, this list is accessible to
the public and must be available on the bureau's Web site. A determination that the location of a reader
is security information is subject to in-camera judicial review, as provided in
section 13.08, subdivision 4.
EFFECTIVE
DATE. This section is
effective the August 1, 2015. Data
collected before the effective date of this section must be destroyed, if
required by this section, no later than 15 days after the date this section
becomes effective.
Sec. 4. [626.8472]
AUTOMATED LICENSE PLATE READER POLICY.
The chief law enforcement officer of
every state and local law enforcement agency that maintains an automated
license plate reader shall establish and enforce a written policy governing use
of the reader. Use of an automated
license plate reader without adoption of a written policy under this section is
prohibited. At a minimum, the policies
and procedures must incorporate the requirements of section 13.824, and the
employee discipline standards for unauthorized access to data contained in
section 13.09.
EFFECTIVE
DATE. This section is
effective August 1, 2015, provided that chief law enforcement officers shall
adopt the policy required under this section no later than January 15, 2016."
Delete the title and insert:
"A bill for an act relating to data practices; classifying data related to automated license plate readers and requiring a governing policy; requiring a log of use; requiring data to be destroyed in certain circumstances; requiring a report; amending Minnesota Statutes 2014, section 13.82, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 13; 626."
The motion prevailed and the amendment was adopted.
Lesch moved to amend S. F. No. 86, the third engrossment, as amended, as follows:
Page 3, line 11, delete "no"
Page 3, line 12, delete "later than 30 days from" and insert "on"
The motion did not prevail and the amendment was not adopted.
Daudt, Knoblach and Peppin were excused for the remainder of today's session.
S. F. No. 86, A bill for an act relating to data practices; classifying data and providing procedures related to automated license plate readers and portable recording systems; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
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 126 yeas and 3 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
Cornish
Daniels
Davids
Davnie
Dean, M.
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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Those who voted in the negative were:
Considine
Dehn, R.
Thissen
The bill was passed, as amended, and its title agreed to.
S. F. No. 1025, A bill for an act relating to civil actions; modifying certain protections related to public participation in government; amending Minnesota Statutes 2014, sections 554.01, subdivision 6; 554.05; proposing coding for new law in Minnesota Statutes, chapter 554; repealing Minnesota Statutes 2014, section 604A.34.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
The bill was passed and its title agreed to.
S. F. No. 1587, A bill for
an act relating to real property; extending the protection of the
equity-stripping law to owners of
agricultural property; amending Minnesota Statutes 2014, sections 325N.01;
325N.10, subdivisions 2, 7; 325N.17.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 105 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dehn, R.
Dettmer
Dill
Erhardt
Fabian
Fischer
Franson
Freiberg
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Sundin
Swedzinski
Thissen
Torkelson
Urdahl
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Anderson, S.
Christensen
Dean, M.
Drazkowski
Erickson
Fenton
Garofalo
Green
Hackbarth
Hancock
Hertaus
Koznick
Kresha
Lohmer
Loonan
Lucero
Newberger
Peterson
Pugh
Runbeck
Smith
Theis
Uglem
Vogel
Zerwas
The bill was passed and its title agreed to.
H. F. No. 1519 was reported to the House.
Swedzinski moved to amend H. F. No. 1519, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:
Subd. 12e. Electronic
raffle selection system. "Electronic
raffle selection system" means a system which uses a board-approved random
number generator to select winning raffle numbers and includes raffle sales
devices.
Sec. 2. Minnesota Statutes 2014, section 349.12, subdivision 18, is amended to read:
Subd. 18. Gambling equipment. "Gambling equipment" means gambling equipment that is either disposable or permanent gambling equipment.
(a) Disposable gambling equipment includes the following:
(1) bingo hard cards or paper sheets, including linked bingo paper sheets;
(2) paper and electronic pull-tabs;
(3) jar tickets;
(4) paddle tickets and paddle ticket cards;
(5) tipboards and tipboard tickets; and
(6) promotional tickets that mimic a pull-tab or tipboard.
(b) Permanent gambling equipment includes the following:
(1) devices for selecting bingo numbers;
(2) electronic bingo devices;
(3) electronic pull-tab devices;
(4) pull-tab dispensing devices;
(5) programmable electronic devices that have no effect on the outcome of a game and are used to provide a visual or auditory enhancement of a game;
(6) paddlewheels; and
(7) paddlewheel tables.; and
(8) electronic raffle selection systems.
Sec. 3. Minnesota Statutes 2014, section 349.12, subdivision 19, is amended to read:
Subd. 19. Gambling
manager. "Gambling
manager" means a person who has been designated by the organization to
supervise the lawful gambling conducted by it, has been an active member of the
organization for at least the most recent six months 90 days at
the time of the application for a gambling manager license, and meets other
qualifications as prescribed by the board by rule.
Sec. 4. Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:
Subd. 33a. Raffle
sales device. "Raffle
sales device" is an attendant-operated cashier station used as a point of
sale for raffle tickets from which a raffle participant may purchase a raffle ticket.
Sec. 5. Minnesota Statutes 2014, section 349.12, is amended by adding a subdivision to read:
Subd. 33b. Share
the pot raffle. "Share
the pot raffle" means a raffle in which the prize amount is a percentage
of the raffle's gross receipts.
Sec. 6. Minnesota Statutes 2014, section 349.13, is amended to read:
349.13
LAWFUL GAMBLING.
Lawful gambling is not a lottery or gambling
within the meaning of sections 609.75 to 609.76 if it is conducted under this
chapter. A pull-tab dispensing device, electronic
bingo device, and electronic pull-tab device permitted under this chapter and
by board rule is not a gambling device within the meaning of sections 609.75 to
609.76 and chapter 299L. An electronic
game device allowed under this chapter may not be a slot machine. Electronic game devices, including but not
limited to electronic bingo devices, electronic paddlewheels, and
electronic pull-tab devices, and electronic raffle selection systems
authorized under this chapter, may only be used in the conduct of lawful
gambling permitted under this chapter and board rule and may not display or
simulate any other form of gambling or entertainment, except as otherwise
allowed under this chapter.
Sec. 7. Minnesota Statutes 2014, section 349.163, subdivision 2, is amended to read:
Subd. 2.
License; fee. The annual fee for a manufacturer's
license is $9,000. The annual license
fee for manufacturers of only electronic raffle selection systems license is
$1,000.
Sec. 8. Minnesota Statutes 2014, section 349.167, subdivision 1, is amended to read:
Subdivision 1. Gambling manager required. (a) All lawful gambling conducted by a licensed organization must be under the supervision of a gambling manager. A gambling manager designated by an organization to supervise lawful gambling is responsible for the gambling gross receipts of the organization and for its conduct in compliance with all laws and rules. A person designated as a gambling manager shall maintain a dishonesty bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of the manager's duties. The terms of the bond must provide that notice be given to the board in writing not less than 30 days before its cancellation.
(b)
Except as otherwise provided under this paragraph, a person may not act
as a gambling manager for more than one organization. If a lawful gambling organization loses
its gambling manager or its gambling manager is not capable of performing the
duties, and no organization member is available to perform the duties of
gambling manager, an interim gambling manager from another lawful gambling
organization may be appointed by the organization with a vacancy to fill the
vacant gambling manager position. An
interim gambling manager must obtain a license from the board as a gambling
manager for the lawful gambling organization with a vacancy. An interim gambling manager license shall not
be valid for more than 120 days. A
gambling manager serving as an interim gambling manager under this paragraph is
not required to be a member of the lawful gambling organization with a vacancy
at the time the interim gambling manager begins service to the organization
with a vacancy. The fee for an interim
gambling manager's license is $100.
(c) An organization may not conduct lawful gambling without having a gambling manager.
(d) An organization may not have more than one gambling manager at any time.
Sec. 9. Minnesota Statutes 2014, section 349.173, is amended to read:
349.173
CONDUCT OF RAFFLES.
(a) Raffle tickets or certificates of participation at a minimum must list the three most expensive prizes to be awarded and include the location, date, and time of the selection of the winning entries. If additional prizes will be awarded, a complete list of additional prizes must be publicly posted at the event and copies of the complete prize list made available upon request. Raffles conducted under the exemptions in section 349.166 may use tickets that contain only the sequential number of the raffle ticket and no other information if the organization makes a list of prizes and a statement of other relevant information required by rule available to persons purchasing tickets and if tickets are only sold at the event and on the date when the tickets are drawn.
(b) Raffles must be conducted in a manner that ensures:
(1) all entries in the raffle have an equal chance of selection;
(2) entry in the raffle is not conditioned upon any other purchase, except that a certificate of participation may be a button with a nominal value of less than $5;
(3) the method of selection is conducted in a public forum;
(4) the method of selection cannot be manipulated or based on the outcome of an event not under the control of the organization;
(5) physical presence at the raffle is not a requirement to win; and
(6) all sold and unsold tickets or certificates of participation are accounted for.
(c) An organization that is permitted under this section and authorized by the Gambling Control Board to conduct raffles may conduct a raffle in conjunction with a wild game or fish taking event. The wild game or fish must be legally taken under chapters 97A to 97C, and rules adopted pursuant to those chapters. The organization may sell a combined ticket for a single price for the event and raffle, provided that the combined ticket states the amount of the price that applies to the wild game or fish event, and the amount that applies to the raffle. All other provisions of sections 349.11 to 349.23 apply to the raffle.
(d) Methods of selecting winning entries from a raffle other than prescribed in rule may be used with the prior written approval of the board.
(e) For raffles conducted by a licensed
organization, the entries may be selected by use of a board-approved random
number generator if, at the time of sale, the number contained on the raffle
ticket is captured by the electronic raffle selection system and electronically
recorded as an entry in the raffle.
(f) The board may by rule authorize but
not require the use of electronic raffle selection systems.
(g) The board may by rule adopt minimum
technical standards for electronic raffle selection systems.
Sec. 10. Minnesota Statutes 2014, section 349.211, subdivision 1, is amended to read:
Subdivision 1. Bingo. Except as provided in subdivisions 1a and
2, prizes for a single bingo game may not exceed $200 $500 except
prizes for a cover-all game, which may exceed $200 $500 if the
aggregate value of all cover-all prizes in a bingo occasion does not exceed $1,000
$2,000. Total prizes awarded at a
bingo occasion may not exceed $2,800 $5,000, unless a cover-all
game is played in which case the limit is $3,800 $7,000. A prize may be determined based on the value
of the bingo packet sold to the player. For
purposes of this subdivision, a cover-all game is one in which a player must
cover all spaces except a single free space to win and includes a game in which
all odd or all even numbers are designated by the organization as covered prior
to the start of the game.
Sec. 11. Minnesota Statutes 2014, section 349.213, subdivision 1, is amended to read:
Subdivision 1. Local regulation. (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling.
(b) A statutory or home rule city or county may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under section 349.166 may not exceed $100.
(c) The authority granted by this subdivision does not include the authority to require a license or fee for a license or permit to conduct gambling by organizations, gambling managers, gambling employees, or sales by distributors or linked bingo game providers licensed by or registered with the board.
(d) The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent per year from its net profits derived from lawful gambling.
(e) For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling.
(f) A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except:
(1) as authorized under section 349.16, subdivision 8, or 297E.02; or
(2) by an ordinance requirement that such organizations must contribute ten percent per year of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund. The funds must be disbursed by the local unit of government for (i) charitable contributions as defined in section 349.12, subdivision 7a, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations. A contribution made by an organization is not considered an expenditure to the city or county nor a tax
under
section 297E.02, and is valid and lawful.
A city or county receiving and making expenditures authorized under this
clause must by March 15 of each year file a report with the board, on a form
the board prescribes, that lists all such revenues collected, interest received
on fund balances, and expenditures for the previous calendar year. A home rule or statutory city or county
making charitable contributions authorized under this clause must acknowledge
financial contributions of organizations conducting lawful gambling to the
community and to the recipients of the funds.
This may occur in communications about the funds as well as in the
distribution of funds.
(g) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful purpose expenditures which must be expended within the trade area. A trade area defined by a city under this subdivision must include each city and township contiguous to the defining city.
(h) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels.
Sec. 12. EFFECTIVE DATE.
This act is effective the day following final enactment."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1519, A bill for an act relating to lawful gambling; modifying provisions relating to gambling managers; providing for certain raffles; increasing prize limits; prescribing local regulation; amending Minnesota Statutes 2014, sections 349.12, subdivisions 18, 19, by adding subdivisions; 349.13; 349.163, subdivision 2; 349.167, subdivision 1; 349.173; 349.211, subdivision 1; 349.213, subdivision 1.
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 129 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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
The bill was passed, as amended, and its title agreed to.
S. F. No. 1350, 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.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
The bill was passed and its title agreed to.
S. F. No. 634, A bill for an act relating to lawful gambling; making changes relating to games, licensing, reporting, and other regulatory provisions; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2014, sections 349.12, subdivisions 3c, 18; 349.16, by adding a subdivision; 349.161, by adding a subdivision; 349.163, subdivision 9, by adding a subdivision; 349.1635, by adding a subdivision; 349.1641; 349.165, subdivision 5; 349.166; 349.168, subdivision 8; 349.169; 349.17, subdivisions 3, 7, 9; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivisions 2, 5; 349.211, subdivision 2; repealing Minnesota Statutes 2014, section 349.19, subdivision 9b.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
The bill was passed and its title agreed to.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 307
A bill for an act relating to transportation; commerce; providing for proof of insurance in electronic format; amending Minnesota Statutes 2014, section 169.791, subdivisions 1, 2.
May 13, 2015
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 307 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment.
We request the adoption of this report and repassage of the bill.
House Conferees: Dan Fabian, Nick Zerwas and Debra Hilstrom.
Senate Conferees: Kent Eken, Susan Kent and Carrie Ruud.
Fabian moved that the report of the Conference Committee on H. F. No. 307 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 307, A bill for an act relating to transportation; commerce; providing for proof of insurance in electronic format; amending Minnesota Statutes 2014, section 169.791, subdivisions 1, 2.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage 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
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
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
The bill was repassed, as amended by Conference, and its title agreed to.
There being no
objection, the order of business reverted to Reports of Standing Committees and
Divisions.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Peppin from the Committee on Rules and Legislative Administration to which was referred:
S. F. No. 1215, A bill for an act relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. No. 1215 was read for the second time.
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 Saturday, May 16, 2015 and established a prefiling requirement for amendments offered to the following bills:
S. F. No. 1694; H. F. No. 748; and S. F. No. 698.
MOTIONS AND RESOLUTIONS
Hertaus moved that S. F. No. 1244 be recalled from the Committee on Public Safety and Crime Prevention Policy and Finance and be re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.
MOTION TO SUSPEND RULES
Bly moved that the rules of the House be so far suspended that H. F. No. 2296 be recalled from the Committee on Agriculture Finance, be given its second and third readings, and be placed upon its final passage.
A roll call was requested and properly seconded.
The question was taken on the Bly motion and the roll was called. There were 62 yeas and 68 nays as follows:
Those who voted in the affirmative 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.
Kahn
Laine
Lenczewski
Lesch
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
Those who voted in the negative 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.
Kelly
Kiel
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
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
The motion did not prevail.
ANNOUNCEMENT FROM THE COMMITTEE ON
RULES AND LEGISLATIVE ADMINISTRATION
Pursuant to rules 1.21 and 1.22, the Committee on Rules and
Legislative Administration specified Friday, May 15, 2015, as the date
after which the 5:00 p.m. deadlines no longer apply to the designation of bills
to be placed on the Calendar for the Day and to the announcement of the
intention to request that bills be considered by the House on the Fiscal Calendar.
ADJOURNMENT
McNamara moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, May 15, 2015. The motion prevailed.
McNamara moved that the House adjourn. The motion prevailed, and Speaker pro tempore Garofalo declared the House stands adjourned until 10:00 a.m., Friday, May 15, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives