STATE OF
MINNESOTA
NINETIETH
SESSION - 2017
_____________________
FIFTY-FOURTH
DAY
Saint Paul, Minnesota, Friday, May 12, 2017
The House of Representatives convened at
10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by the Reverend Phil
Shaw, St. Michael, 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, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Applebaum, Bernardy, Cornish, Fenton,
Knoblach, Mariani, McDonald, Smith, Thissen and Uglem were excused.
Maye Quade was excused until 11:35 a.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 359 and
H. F. No. 696, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Baker moved that
S. F. No. 359 be substituted for H. F. No. 696
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 943 and
H. F. No. 2080, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Nornes moved that
S. F. No. 943 be substituted for H. F. No. 2080
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1456 and
H. F. No. 1620, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Garofalo moved that
S. F. No. 1456 be substituted for H. F. No. 1620
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING
OF SENATE BILLS
S. F. Nos. 359, 943 and
1456 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Thissen introduced:
H. F. No. 2661, A bill for an act relating to capital investment; establishing a program to make grants to local governments to build skate parks; appropriating money for skate park grants; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2016, section 240A.01, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 240A.
The bill was read for the first time and referred to the Committee on State Government Finance.
Hamilton introduced:
H. F. No. 2662, A bill for an act relating to health; permitting the administration of medical cannabis in schools; amending Minnesota Statutes 2016, sections 152.23; 152.27, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Hamilton introduced:
H. F. No. 2663, A bill for an act relating to taxation; sales and use; allowing cities to impose a local sales tax if certain criteria are met; amending Minnesota Statutes 2016, sections 297A.99, subdivisions 1, 3; 477A.016; proposing coding for new law in Minnesota Statutes, chapter 297A.
The bill was read for the first time and referred to the Committee on Taxes.
Clark; Dettmer; Howe; Loeffler; Kunesh-Podein; Lee; Ward; Halverson; Lueck; Hertaus; Murphy, E.; Lesch and Flanagan introduced:
H. F. No. 2664, A resolution memorializing Congress and the President of the United States to amend federal veterans cemetery law to expand eligibility for burial in all federal and state veterans cemeteries developed with federal funding to include nurses who served in the Cadet Nurse Corps during World War II.
The bill was read for the first time and referred to the Veterans Affairs Division.
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 the Speaker.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1702, A bill for an act relating to juvenile justice; informing children age ten and over of the right to counsel; requiring that waivers of counsel be in writing by the child; requiring notice to counsel; amending Minnesota Statutes 2016, sections 260C.163, subdivisions 3, 10; 260C.607, subdivision 2.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Kresha moved that the House concur in the
Senate amendments to H. F. No. 1702 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1702, A bill for an act relating to juvenile justice; children 10 and over informed of the right to counsel; extended representation; waivers of counsel required in writing; notice to counsel required; amending Minnesota Statutes 2016, sections 260C.163, subdivisions 3, 10; 260C.607, subdivision 2.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2174, A bill for an act relating to local government; authorizing Ramsey County to select positions for a supported work program; amending Minnesota Statutes 2016, section 383A.288, subdivision 1, by adding a subdivision.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Jessup moved that the House concur in the
Senate amendments to H. F. No. 2174 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2174, A bill for an act relating to local government; authorizing Ramsey County to select positions for a supported work program; amending Minnesota Statutes 2016, section 383A.288, by adding a subdivision.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 550.
Cal R.
Ludeman, Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 550, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying requirements for receipt of fund money; amending Minnesota Statutes 2016, sections 116P.05, subdivision 2; 116P.17, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 477A.
The bill was read for the first time.
Heintzeman moved that S. F. No. 550 and H. F. No. 1265, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Wagenius was excused for the remainder of
today's session.
CALENDAR FOR THE
DAY
H. F. No. 399, A bill for
an act relating to public employment; clarifying limits on severance pay to
highly compensated public employees; amending Minnesota Statutes 2016, section
43A.17, subdivision 11.
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 102 yeas and 20 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Carlson, A.
Carlson, L.
Christensen
Clark
Daniels
Davids
Davnie
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Liebling
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Miller
Moran
Murphy, E.
Nash
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Bly
Considine
Dehn, R.
Ecklund
Hansen
Hornstein
Johnson, S.
Lee
Lesch
Lillie
Loeffler
Mahoney
Masin
Metsa
Murphy, M.
Nelson
Sandstede
Slocum
Sundin
The
bill was passed and its title agreed to.
H. F. No. 470 was
reported to the House.
Johnson, B., moved to amend H. F. No. 470, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally causes damage to physical property of another without the latter's consent may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged was a public
safety motor vehicle, the defendant knew or should have known the vehicle was a
public safety motor vehicle, and the damage to the vehicle caused a substantial
interruption or impairment of public safety service or a reasonably foreseeable
risk of bodily harm; or
(3) the property damaged belongs to a common carrier and the damage impairs the service to the public rendered by the carrier; or
(3) (4) the damage reduces the
value of the property by more than $1,000 measured by the cost of repair and
replacement; or
(4) (5) the damage reduces the
value of the property by more than $500 measured by the cost of repair and
replacement and the defendant has been convicted within the preceding three
years of an offense under this subdivision or subdivision 2.
In any prosecution under clause (3) (4),
the value of any property damaged by the defendant in violation of that clause
within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section; provided that when two
or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal
damage to property in the third degree. (a)
Except as otherwise provided in subdivision 1a, whoever intentionally
causes damage to another person's physical property without the other person's
consent may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if:
(1) the damage reduces the value of
the property by more than $500 but not more than $1,000 as measured by the cost
of repair and replacement; or
(2) the damage was to a public safety motor vehicle and the defendant knew or should have known the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without the other person's consent because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the damage reduces the value of the property by not more than $500.
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2017, and
applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision to read:
Subd. 4. Definitions. (a) As used in this section,
"public safety motor vehicle" includes:
(1) marked vehicles used by law
enforcement agencies and specially marked vehicles permitted under section 169.98,
subdivision 2a, owned or leased by the state or a political subdivision;
(2) fire apparatuses, including
fire-suppression support vehicles, owned or leased by the state or a political
subdivision;
(3) ambulances owned or leased by the
state or a political subdivision;
(4) vehicles owned by ambulance
services licensed under section 144E.10 that are equipped and specifically
intended for emergency response or providing ambulance services; and
(5) marked vehicles used by
conservation officers of the Division of Enforcement and Field Service of the
Department of Natural Resources.
(b) As used in subdivision 1, clause
(2), and subdivision 2, paragraph (a), clause (2), "damage" includes
tampering with a public safety motor vehicle and acts that obstruct or
interfere with the vehicle's use.
EFFECTIVE DATE. This section is effective August 1, 2017, and
applies to crimes committed on or after that date."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 470, A bill for
an act relating to public safety; creating the crime of tampering with a public
safety motor vehicle; establishing criminal
penalties; amending Minnesota Statutes 2016, section 609.595, subdivisions 1, 2,
by adding a subdivision.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage
of the bill and the roll was called.
There were 120 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Liebling
The
bill was passed, as amended, and its title agreed to.
H. F. No. 1001 was reported
to the House.
Vogel moved to amend H. F. No. 1001 as follows:
Page 1, line 16, after the period, insert "Upon request of a party affected by the proposed rule,"
Page 1, line 21, delete everything after "judge" and insert "separately confirms the cost of any portion of a rule exceeds the cost threshold provided in subdivision 2,"
Page 1, line 22, delete everything before the first "the"
Page 2, line 2, delete "or disapproval"
Page 2, line 4, after the first "rule" insert "or a portion of the rule"
The
motion prevailed and the amendment was adopted.
Vogel moved to amend H. F. No. 1001, as amended, as follows:
Page 1, line 12, delete "cost" and before "An" insert "(a)"
Page 1, line 14, before the period, insert ", and whether the proposed rule meets the state regulatory policy objectives described in section 14.002. In calculating the cost of implementing a proposed rule, the agency may consider the impact of other related proposed rules on the overall cost of residential construction. If applicable, the agency may include offsetting savings that may be achieved through implementation of related proposed rules in its calculation under this subdivision"
Page 1, line 14, before "The" insert:
"(b)"
Page 1, line 15, delete "this" and insert "the" and after "determination" insert "required by paragraph (a)"
The
motion prevailed and the amendment was adopted.
Ward was excused for the remainder of
today's session.
H. F. No. 1001, A bill for
an act relating to administrative rulemaking; requiring agencies to determine
the impact of a proposed rule on the cost of residential construction or
remodeling; requiring notice to the applicable legislative committees;
permitting a legislative committee to require approval of a rule by law;
proposing coding for new law in Minnesota Statutes, chapter 14.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 73 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Layman
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Becker-Finn
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lillie
Loeffler
Mahoney
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Youakim
The bill was
passed, as amended, and its title agreed to.
H. F. No. 1725 was reported
to the House.
Drazkowski moved to amend H. F. No. 1725 as follows:
Page 1, line 19, delete "may" and insert "must"
Page 2, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2016, section 169.871, subdivision 1, is amended to read:
Subdivision 1. Civil liability. (a) The owner or lessee of a vehicle that
is operated with a gross weight in excess of a weight limit imposed under
sections 169.823 to 169.829 169.8295, 169.84 to 169.851, and
169.87 or a shipper who ships or tenders goods for shipment in a single truck
or combination vehicle that exceeds a weight limit imposed under sections
169.823 to 169.829 169.8295, 169.84 to 169.851, and 169.87 is
liable for a civil penalty as follows:
(1) if the total gross excess weight is not more than 1,000 pounds, one cent per pound for each pound in excess of the legal limit;
(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000 pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds;
(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000 pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds;
(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000 pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds;
(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents per pound for each pound in excess of 7,000 pounds.
(b) Notwithstanding any other law to the contrary, if a
person found guilty of a violation of a weight limit imposed under this section
or sections 169.823 to 169.829 169.8295, 169.84 to 169.851, or
169.87 is also found by the court to have knowingly and contemporaneously
attempted to evade a fixed weigh station or to otherwise avoid weighing by
means of stationary scales under section 169.85 or other law, the court shall
must impose a penalty of twice the amount otherwise authorized under
paragraph (a).
(c) Any penalty imposed upon a defendant under this
subdivision shall must not exceed the penalty prescribed by this
subdivision. Any fine paid by the
defendant in a criminal overweight action that arose from the same overweight
violation shall be is applied toward payment of the civil penalty
under this subdivision. A peace officer
or Department of Public Safety employee described in section 299D.06 who cites
a driver for a violation of the
weight
limitations established by sections 169.81 to 169.851 and 169.87 shall must
give written notice to the driver that the driver or another may also be liable
for the civil penalties provided herein in the same or separate proceedings.
(d) A penalty imposed upon the owner or lessee of a vehicle that is based on violations identified by the use of shippers' weight records under section 169.872 must not exceed an aggregate of $10,000.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Youakim was excused for the remainder of
today's session.
H. F. No. 1725, A bill for
an act relating to motor vehicles; amending certain weight limitations for
vehicles transporting milk; amending Minnesota Statutes 2016, section 169.871,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 169.
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 75 yeas and 44 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Miller
Murphy, M.
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Becker-Finn
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Nelson
Olson
Omar
Pinto
Pryor
Rosenthal
Sandstede
Schultz
Slocum
Sundin
The
bill was passed, as amended, and its title agreed to.
S. F. No. 1399 was
reported to the House.
West moved to amend
S. F. No. 1399, the first engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 1519:
"Section 1. Minnesota Statutes 2016, section 373.38, is amended to read:
373.38 BUSINESS
HOURS.
County license bureaus shall maintain hours to best serve the
public. They shall be open to the public
each week for at least three hours one evening after 5:00 p.m. or on
Saturday 40 hours each week."
Delete the title and insert:
"A bill for an act relating to local government; modifying the business hours of county license bureaus; amending Minnesota Statutes 2016, section 373.38."
The motion
prevailed and the amendment was adopted.
S. F. No. 1399, A bill for
an act relating to local government; modifying the business hours of license
bureaus; amending Minnesota Statutes 2016, section 373.38.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 69 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Becker-Finn
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lillie
Loeffler
Mahoney
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
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 Tuesday, May 16,
2017 and established a prefiling requirement for amendments offered to the
following bills:
S. F. Nos. 943 and 1456.
MOTIONS AND RESOLUTIONS
Hoppe moved that the name of Loeffler be
added as an author on H. F. No. 68. The motion prevailed.
Murphy, M., moved that her name be
stricken as an author on H. F. No. 565. The motion prevailed.
Thissen moved that his name be stricken as
an author on H. F. No. 565.
The motion prevailed.
Quam moved that the name of Lillie be
added as an author on H. F. No. 678. The motion prevailed.
Johnson, S., moved that the name of Nelson
be added as an author on H. F. No. 2527. The motion prevailed.
Scott moved that the name of Pugh be added
as an author on H. F. No. 2660.
The motion prevailed.
ADJOURNMENT
Peppin moved that when the House adjourns
today it adjourn until 12:00 noon, Monday, May 15, 2017. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Monday, May 15, 2017.
Patrick
D. Murphy, Chief
Clerk, House of Representatives