STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
FORTY-SEVENTH
DAY
Saint Paul, Minnesota, Monday, May 6, 2019
The House of Representatives convened at 12:00
noon and was called to order by Liz Olson, Speaker pro tempore.
Prayer was offered by the Reverend Maggie
Garberg Falenschek, Chaplain and Director of Campus Ministries, Gustavus
Adolphus College, St. Peter, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The Speaker assumed the Chair.
The roll was called and the following
members were present:
Acomb
Albright
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Anderson 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.
PETITIONS
AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 2,
2019
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House File:
H. F. No. 15, relating
to public safety; eliminating the voluntary relationship defense for criminal
sexual conduct crimes.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2019 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
15 16 2:13
p.m. May 2 May 2
Sincerely,
Steve
Simon
Secretary
of State
STATE
OF MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 3,
2019
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 2181, relating
to economic development; creating a Telecommuter Forward! certification.
H. F. No. 58, relating
to transportation; designating a segment of marked Trunk Highway 95 as
Corrections Officer Joseph Gomm Memorial Highway.
H. F. No. 819, relating
to health; authorizing the x-ray practice of cardiovascular technologists who
meet certain education requirements.
H. F. No. 1188, relating
to transportation; requiring drivers to slow down when passing stopped service
vehicles; authorizing recycling trucks to be equipped with and to use amber
lights while collecting recycling.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2019 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
2181 13 1:37 p.m. May 3 May
3
58 15 1:39
p.m. May 3 May 3
819 17 1:40 p.m. May 3 May
3
1188 18 1:41
p.m. May 3 May 3
Sincerely,
Steve
Simon
Secretary
of State
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Dehn and Long introduced:
H. F. No. 2868, A bill for an act relating to elections; repealing a requirement that no more than half the election judges in a precinct be affiliated with the same major political party; repealing Minnesota Statutes 2018, section 204B.19, subdivision 5.
The bill was read for the first time and referred to the Committee on Government Operations.
Howard introduced:
H. F. No. 2869, A bill for an act relating to housing; appropriating money for a grant to an organization to preserve naturally occurring affordable housing.
The bill was read for the first time and referred to the Committee on Ways and Means.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1840, A bill for an act relating to commerce; removing references to "subprime" from Minnesota Statutes; amending Minnesota Statutes 2018, sections 58.13, subdivision 1; 58.137, subdivision 2; repealing Minnesota Statutes 2018, section 58.02, subdivision 27.
Cal R. Ludeman, Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1555, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; modifying driver's licenses and identification cards; modifying motor vehicle taxes and fees; modifying various provisions governing transportation policy and finance; allocating certain sales and use tax revenue; establishing accounts; making technical changes; authorizing the sale and issuance of state bonds; requiring reports; amending Minnesota Statutes 2018, sections 13.461, by adding a subdivision; 13.6905, by adding a subdivision; 13.72, subdivision 10; 80E.13; 160.02, subdivision 1a; 160.262, subdivision 3; 160.263, subdivision 2; 160.266, subdivision 1b, by adding a subdivision; 161.115, subdivision 46; 161.14, subdivision 16, by adding subdivisions; 161.45, subdivision 2; 161.46, subdivision 2; 168.013, subdivisions 1a, 1m, 3, 6, 21; 168.10, subdivision 1h; 168.123, subdivision 2; 168.27, by adding subdivisions; 168.301, subdivision 3; 168.33, subdivisions 7, 8a; 168.346, subdivision 1; 168A.02, subdivision 1; 168A.085, by adding a subdivision; 168A.09, subdivision 1; 168A.12, subdivision 2; 168A.17, by adding a subdivision; 168A.29, subdivision 1; 169.011, subdivisions 5, 9, 64, by adding subdivisions; 169.035, by adding a subdivision; 169.06, subdivision 4a; 169.18, subdivisions 3, 8, 11; 169.20, subdivision 7; 169.222, subdivisions 1, 4; 169.26, subdivisions 1, 4; 169.28; 169.29; 169.443, subdivision 2; 169.4503, subdivision 5; 169.58, by adding a subdivision; 169.64, subdivision 9; 169.71, subdivisions 1, 4; 169.81, by adding a subdivision; 169.864; 169.865, subdivisions 1, 2, by adding a subdivision; 169.92, subdivision 4; 171.01, by adding subdivisions; 171.04, subdivision 5; 171.06, subdivisions 2, 3, by adding subdivisions; 171.061, subdivision 4; 171.07, subdivisions 1, 3, by adding a subdivision; 171.12, subdivisions 7a, 9, by adding subdivisions; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 174.01, subdivision 2; 174.03, subdivision 7, by adding subdivisions; 174.24, subdivision 2; 174.37; 174.57; 201.061, subdivision 3; 219.015, subdivisions 1, 2, by adding a subdivision; 219.1651; 221.031, by adding a subdivision; 296A.07, subdivision 3; 296A.08, subdivision 2; 297A.815, subdivision 3; 297A.94; 297A.99, subdivision 1; 297B.02, subdivision 1; 297B.09; 299A.12, subdivisions 1, 2, 3; 299A.13; 299A.14, subdivision 3; 299D.03, subdivision 5; 325F.185; 360.013, by adding subdivisions; 360.024; 360.55, by adding a subdivision; 360.59, subdivision 10; 360.62; 473.386, subdivision 3, by adding a subdivision; 473.388, subdivision 4a; 473.39, subdivision 6, by adding a subdivision; 473.391, by adding a subdivision; 473.4052, subdivision 4; 473.408, by adding a subdivision; 480.15, by adding a subdivision; Laws 1994, chapter 643, section 15, subdivision 8; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6; proposing coding for new law in Minnesota Statutes, chapters 161; 168; 168A; 169; 171; 174; 219; 297A; 360; repealing Minnesota Statutes 2018, sections 3.972, subdivision 4; 169.18, subdivision 12; 171.015, subdivision 7; 299A.12, subdivision 4; 299A.18; Laws 2002, chapter 393, section 85.
The Senate has appointed as such committee:
Senators Newman, Jasinski, Hall, Rarick and Dibble.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2400, A bill for an act relating to education finance; modifying provisions for prekindergarten through grade 12 including general education, education excellence, teachers, special education, health and safety, facilities, fund transfers, accounting, nutrition, libraries, early childhood, community education, lifelong learning, and state
agencies; making technical changes; making forecast adjustments; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 5A.03, subdivision 2; 16A.152, subdivisions 1b, 2; 120A.20, subdivision 2; 120A.22, subdivisions 5, 6, 11; 120A.24, subdivision 1; 120A.35; 120A.40; 120B.11, subdivisions 2, 3; 120B.12, subdivision 2; 120B.122, subdivision 1; 120B.21; 120B.30, subdivisions 1, 1a; 120B.35, subdivision 3; 120B.36, subdivision 1; 121A.22, subdivision 1, by adding a subdivision; 121A.335, subdivisions 3, 5; 121A.41, by adding subdivisions; 121A.45, subdivisions 1, 2; 121A.46, by adding subdivisions; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 122A.06, subdivisions 2, 5, 7, 8; 122A.07, subdivisions 1, 2, 4a, by adding a subdivision; 122A.09, subdivision 9; 122A.091, subdivision 1; 122A.092, subdivisions 5, 6; 122A.14, subdivision 9; 122A.17; 122A.175, subdivisions 1, 2; 122A.18, subdivisions 7c, 8, 10; 122A.181, subdivisions 3, 4, 5; 122A.182, subdivisions 1, 3, 4; 122A.183, subdivisions 2, 4; 122A.184, subdivisions 1, 3; 122A.185, subdivision 1; 122A.187, subdivision 3, by adding subdivisions; 122A.19, subdivision 4; 122A.20, subdivisions 1, 2; 122A.21; 122A.22; 122A.26, subdivision 2, by adding a subdivision; 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.63, subdivisions 1, 4, 5, 6, by adding a subdivision; 122A.70; 123A.64; 123B.02, subdivision 14; 123B.143, subdivision 1; 123B.41, subdivisions 2, 5; 123B.42, subdivision 3; 123B.49, subdivision 4; 123B.52, subdivision 6; 123B.571; 123B.595; 123B.61; 123B.92, subdivision 1; 124D.02, subdivision 1; 124D.09, subdivisions 3, 7, 9, 10; 124D.091; 124D.111; 124D.1158; 124D.151, subdivisions 2, 4, 5, 6; 124D.165, subdivisions 2, 3, 4, by adding a subdivision; 124D.2211; 124D.231; 124D.34, subdivisions 2, 3, 4, 5, 8, 12; 124D.4531; 124D.531, subdivision 1; 124D.55; 124D.59, subdivision 2a; 124D.65, subdivision 5; 124D.68, subdivision 2; 124D.78, subdivision 2; 124D.83, subdivision 2; 124D.861, subdivision 2; 124D.862, subdivisions 1, 4, 5, by adding a subdivision; 124D.957, subdivision 1, by adding a subdivision; 124D.98, by adding a subdivision; 124D.99, subdivision 3; 124E.03, subdivision 2; 124E.11; 124E.12, by adding a subdivision; 124E.13, subdivision 3; 124E.20, subdivision 1; 124E.21, subdivision 1; 125A.08; 125A.091, subdivisions 3a, 7; 125A.11, subdivision 1; 125A.50, subdivision 1; 125A.76, subdivisions 1, 2a, 2c, by adding a subdivision; 126C.05, subdivision 1; 126C.10, subdivisions 2, 2d, 2e, 3, 13a, 18a, 24; 126C.126; 126C.17, subdivisions 1, 2, 5, 6, 7, 7a, 9, by adding subdivisions; 126C.40, subdivision 1; 126C.44; 127A.052; 127A.45, subdivision 13; 127A.47, subdivision 7; 127A.49, subdivision 2; 134.355, subdivisions 5, 6, 7, 8; 136D.01; 136D.49; 214.01, subdivision 3; 245C.12; 257.0725; 471.59, subdivision 1; 626.556, subdivisions 2, 3b, 10, 11; 631.40, subdivision 4; Laws 2016, chapter 189, article 25, sections 56, subdivisions 2, 3; 61; 62, subdivisions 4, 15; Laws 2017, First Special Session chapter 5, article 1, section 19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 57, subdivisions 2, 3, 4, 5, 6, 21, 26, 37; article 4, section 12, subdivisions 2, as amended, 3, 4, 5; article 5, section 14, subdivisions 2, 3; article 6, section 3, subdivisions 2, 3, 4; article 8, sections 8; 9, subdivision 6; 10, subdivisions 3, 4, 5a, 6, 12; article 9, section 2, subdivision 2; article 10, section 6, subdivision 2; article 11, section 9, subdivision 2; Laws 2018, chapter 211, article 21, section 4; proposing coding for new law in Minnesota Statutes, chapters 120A; 120B; 121A; 122A; 123B; 125A; 127A; 245C; repealing Minnesota Statutes 2018, sections 120B.299; 122A.09, subdivision 1; 122A.182, subdivision 2; 122A.63, subdivisions 7, 8; 126C.17, subdivision 9a; 127A.051, subdivision 7; 127A.14; 136D.93; Laws 2017, First Special Session chapter 5, article 11, section 6; Minnesota Rules, part 8710.2100, subparts 1, 2.
The Senate has appointed as such committee:
Senators Nelson, Weber, Eichorn, Jasinksi and Wiger.
Said House File is herewith returned to the House.
Cal R. Ludeman, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 242, 316, 445,
1889 and 2307.
Cal R. Ludeman,
Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 242, A bill for an act relating to military veterans; establishing POW and MIA Recognition Day; proposing coding for new law in Minnesota Statutes, chapter 10.
The bill was read for the first time.
Grossell moved that S. F. No. 242 and H. F. No. 172, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 316, A bill for an act relating to state government; requiring involvement in user acceptance testing from local units of governments impacted by new information technology business software; amending Minnesota Statutes 2018, sections 168.33, by adding a subdivision; 171.061, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 15.
The bill was read for the first time.
Masin moved that S. F. No. 316 and H. F. No. 132, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 445, A bill for an act relating to health; adding security screening systems to ionizing radiation‑producing equipment; appropriating money; amending Minnesota Statutes 2018, section 144.121, subdivision 1a, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Ways and Means.
S. F. No. 1889, A bill for an act relating to transportation; establishing a moratorium on permits to mow or hay trunk highway rights-of-way; amending Laws 2018, chapter 165, section 1.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
S. F. No. 2307, A bill for an act relating to environment; providing for disposition of fines for certain trichloroethylene emissions; creating an account; creating stakeholder group; proposing coding for new law in Minnesota Statutes, chapter 115B.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Winkler 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 7,
2019 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 2130;
H. F. No. 1300; S. F. No. 558;
H. F. No. 559; and S. F. No. 1732.
Winkler 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.
Robbins was excused between the hours of
5:10 p.m. and 5:25 p.m.
Winkler was excused between the hours of
5:10 p.m. and 6:15 p.m.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the following change
in membership of the Conference Committee on S. F. No. 2226:
Delete the name of Vang and add the name
of Lippert.
CALENDAR FOR THE DAY
S. F. No. 1703, A bill for
an act relating to commerce; eliminating supermajority requirements for
conversion, merger, or consolidation of credit unions; amending Minnesota
Statutes 2018, sections 52.201; 52.203.
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:
Acomb
Albright
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
The bill was
passed and its title agreed to.
H. F. No. 2542 was reported
to the House.
Hausman moved to amend H. F. No. 2542, the first engrossment, as follows:
Page 13, line 25, delete "financing" and insert "loans"
Page 13, line 28, after "contained" insert "and maintained"
Page 14, line 2, delete "allocates" and insert "makes a loan or allocates or awards"
Page 14, line 3, delete everything after "credits" and insert a period
Page 14, delete line 4
Page 17, after line 24, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 17, after line 29, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 18, after line 4, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 18, after line 14, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 19, after line 9, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 19, after line 27, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 20, after line 5, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 20, after line 14, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 20, after line 28, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 21, after line 3, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 22, after line 4, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 22, after line 32, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 24, lines 10 to 12, reinstate the stricken language and delete the new language
Page 27, after line 4, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 27, after line 31, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 28, after line 12, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 29, after line 6, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 30, after line 2, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 30, after line 9, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 30, after line 14, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 31, after line 22, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 32, after line 16, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 34, after line 29, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 35, after line 30, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 37, after line 3, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 37, after line 10, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 37, after line 17, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
Page 37, after line 27, insert:
"EFFECTIVE DATE. This section is effective January 1, 2020."
The
motion prevailed and the amendment was adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 3, line 25, after "claim" insert "that the representative is authorized to act on behalf of the resident"
The
motion prevailed and the amendment was adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 3, line 28, delete "12" and strike "months" and insert "60 days"
A roll call was requested and properly
seconded.
The question was taken on the Hertaus
amendment and the roll was called. There
were 56 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 3, line 23, delete "occupied"
A roll call was requested and properly
seconded.
The question was taken on the Hertaus
amendment and the roll was called. There
were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahner
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Fischer
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 5, lines 32 to 34, delete the new language and insert ". The park owner may enter into a purchase agreement with a prospective buyer so long as the purchase agreement allows a representative acting on behalf of park residents a statutory right of first refusal within the 45-day period. The purchase agreement must also contain a disclosure notice signed by both the prospective buyer and the park owner acknowledging the 45-day park resident right of first refusal"
A roll call was requested and properly
seconded.
The question was taken on the Hertaus
amendment and the roll was called. There
were 58 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 1, after line 18, insert:
"Section 1. Minnesota Statutes 2018, section 273.13, subdivision 25, is amended to read:
Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more, excluding property qualifying for class 4d. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt under section 272.02, and contiguous property used for hospital purposes, without regard to whether the property has been platted or subdivided. The market value of class 4a property has a classification rate of 1.25 percent.
(b) Class 4b includes:
(1) residential real estate containing less than four units that does not qualify as class 4bb, other than seasonal residential recreational property;
(2) manufactured homes not classified under any other provision;
(3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b) containing two or three units; and
(4) unimproved property that is classified residential as determined under subdivision 33.
The market value of class 4b property has a classification rate of 1.25 percent, except that unclassified manufactured home property under clause (2) has a classification rate of 0.75 percent.
(c) Class 4bb includes:
(1) nonhomestead residential real estate containing one unit, other than seasonal residential recreational property;
(2) a single family dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b); and
(3) a condominium-type storage unit having an individual property identification number that is not used for a commercial purpose.
Class 4bb property has the same classification rates as class 1a property under subdivision 22.
Property that has been classified as seasonal residential recreational property at any time during which it has been owned by the current owner or spouse of the current owner does not qualify for class 4bb.
(d) Class 4c property includes:
(1) except as provided in subdivision 22, paragraph (c), real and personal property devoted to commercial temporary and seasonal residential occupancy for recreation purposes, for not more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property is used for residential occupancy, and a fee is charged for residential occupancy. Class 4c property under this clause must contain three or more rental units. A "rental unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site equipped with water and electrical hookups for recreational vehicles. A camping pad offered for rent by a property that otherwise qualifies for class 4c under this clause is also class 4c under this clause regardless of the term of the rental agreement, as long as the use of the camping pad does not exceed 250 days. In order for a property to be classified under this clause, either (i) the business located on the property must provide recreational activities, at least 40 percent of the annual gross lodging receipts related to the property must be from business conducted during 90 consecutive days, and either (A) at least 60 percent of all paid bookings by lodging guests during the year must be for periods of at least two consecutive nights; or (B) at least 20 percent of the annual gross receipts must be from charges for providing recreational activities, or (ii) the business must contain 20 or fewer rental units, and must be located in a township or a city with a population of 2,500 or less located outside the metropolitan area, as defined under section 473.121, subdivision 2, that contains a portion of a state trail administered by the Department of Natural Resources. For purposes of item (i)(A), a paid booking of five or more nights shall be counted as two bookings. Class 4c property also includes commercial use real property used exclusively for recreational purposes in conjunction with other class 4c property classified under this clause and devoted to temporary and seasonal residential occupancy for recreational purposes, up to a total of two acres, provided the property is not devoted to commercial recreational use for more than 250 days in the year preceding the year of assessment and is located within two miles of the class 4c property with which it is used. In order for a property to qualify for classification under this clause, the owner must submit a declaration to the assessor designating the cabins or units occupied for 250 days or less in the year preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on which they are located must be designated class 4c under this clause as otherwise provided. The remainder of the cabins or units and a proportionate share of the land on which they are located will be designated as class 3a. The owner of property desiring designation as class 4c property under this clause must provide guest registers or other records demonstrating that the units for which class 4c designation is sought were not occupied for more than 250 days in the year preceding the assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other nonresidential facility operated on a commercial basis not directly related to temporary and seasonal residential occupancy for recreation purposes does not qualify for class 4c. For the purposes of this paragraph, "recreational activities" means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country ski equipment; providing marina services, launch services, or guide services; or selling bait and fishing tackle;
(2) qualified property used as a golf course if:
(i) it is open to the public on a daily fee basis. It may charge membership fees or dues, but a membership fee may not be required in order to use the property for golfing, and its green fees for golfing must be comparable to green fees typically charged by municipal courses; and
(ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d).
A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with the golf course is classified as class 3a property;
(3) real property up to a maximum of three acres of land owned and used by a nonprofit community service oriented organization and not used for residential purposes on either a temporary or permanent basis, provided that:
(i) the property is not used for a revenue-producing activity for more than six days in the calendar year preceding the year of assessment; or
(ii) the organization makes annual charitable contributions and donations at least equal to the property's previous year's property taxes and the property is allowed to be used for public and community meetings or events for no charge, as appropriate to the size of the facility.
For purposes of this clause:
(A) "charitable contributions and donations" has the same meaning as lawful gambling purposes under section 349.12, subdivision 25, excluding those purposes relating to the payment of taxes, assessments, fees, auditing costs, and utility payments;
(B) "property taxes" excludes the state general tax;
(C) a "nonprofit community service oriented organization" means any corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, fraternal, civic, or educational purposes, and which is exempt from federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal Revenue Code; and
(D) "revenue-producing activities" shall include but not be limited to property or that portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling alley, a retail store, gambling conducted by organizations licensed under chapter 349, an insurance business, or office or other space leased or rented to a lessee who conducts a for-profit enterprise on the premises.
Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use of the property for social events open exclusively to members and their guests for periods of less than 24 hours, when an admission is not charged nor any revenues are received by the organization shall not be considered a revenue-producing activity.
The organization shall maintain records of its charitable contributions and donations and of public meetings and events held on the property and make them available upon request any time to the assessor to ensure eligibility. An organization meeting the requirement under item (ii) must file an application by May 1 with the assessor for eligibility for the current year's assessment. The commissioner shall prescribe a uniform application form and instructions;
(4) postsecondary student housing of not more than one acre of land that is owned by a nonprofit corporation organized under chapter 317A and is used exclusively by a student cooperative, sorority, or fraternity for on-campus housing or housing located within two miles of the border of a college campus;
(5)(i) manufactured home parks as
defined in section 327.14, subdivision 3, excluding including
manufactured home parks described in
items (ii) and (iii), (ii) manufactured home parks as defined in section
327.14, subdivision 3, that are described in section 273.124,
subdivision 3a, and (iii) class I manufactured home parks as defined in
section 327C.01, subdivision 13;
(6) real property that is actively and exclusively devoted to indoor fitness, health, social, recreational, and related uses, is owned and operated by a not-for-profit corporation, and is located within the metropolitan area as defined in section 473.121, subdivision 2;
(7) a leased or privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:
(i) the land is on an airport owned or operated by a city, town, county, Metropolitan Airports Commission, or group thereof; and
(ii) the land lease, or any ordinance or signed agreement restricting the use of the leased premise, prohibits commercial activity performed at the hangar.
If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must be filed by the new owner with the assessor of the county where the property is located within 60 days of the sale;
(8) a privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:
(i) the land abuts a public airport; and
(ii) the owner of the aircraft storage hangar provides the assessor with a signed agreement restricting the use of the premises, prohibiting commercial use or activity performed at the hangar; and
(9) residential real estate, a portion of which is used by the owner for homestead purposes, and that is also a place of lodging, if all of the following criteria are met:
(i) rooms are provided for rent to transient guests that generally stay for periods of 14 or fewer days;
(ii) meals are provided to persons who rent rooms, the cost of which is incorporated in the basic room rate;
(iii) meals are not provided to the general public except for special events on fewer than seven days in the calendar year preceding the year of the assessment; and
(iv) the owner is the operator of the property.
The market value subject to the 4c classification under this clause is limited to five rental units. Any rental units on the property in excess of five, must be valued and assessed as class 3a. The portion of the property used for purposes of a homestead by the owner must be classified as class 1a property under subdivision 22;
(10) real property up to a maximum of three acres and operated as a restaurant as defined under section 157.15, subdivision 12, provided it: (i) is located on a lake as defined under section 103G.005, subdivision 15, paragraph (a), clause (3); and (ii) is either devoted to commercial purposes for not more than 250 consecutive days, or receives at least 60 percent of its annual gross receipts from business conducted during four consecutive months. Gross receipts from the sale of alcoholic beverages must be included in determining the property's qualification under item (ii). The property's primary business must be as a restaurant and not as a bar. Gross receipts from gift shop sales located on the premises must be excluded. Owners of real property desiring 4c classification under this clause must submit an annual declaration to the assessor by February 1 of the current assessment year, based on the property's relevant information for the preceding assessment year;
(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used as a marina, as defined in section 86A.20, subdivision 5, which is made accessible to the public and devoted to recreational use for marina services. The marina owner must annually provide evidence to the assessor that it provides services, including lake or river access to the public by means of an access ramp or other facility that is either located on the property of the marina or at a publicly owned site that abuts the property of the marina. No more than 800 feet of lakeshore may be included in this classification. Buildings used in conjunction with a marina for marina services, including but not limited to buildings used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle, are classified as class 3a property; and
(12) real and personal property devoted to noncommercial temporary and seasonal residential occupancy for recreation purposes.
Class 4c property has a classification rate
of 1.5 percent of market value, except that (i) each parcel of noncommercial
seasonal residential recreational property under clause (12) has the same
classification rates as class 4bb property, (ii) manufactured home parks
assessed under clause (5), item (i), have the same classification rate as
class 4b property, the market value of manufactured home parks assessed under
clause (5), item (ii), have a classification rate of 0.75 percent if more than
50 percent of the lots in the park are occupied by shareholders in the
cooperative corporation or association and a classification rate of one percent
if 50 percent or less of the lots are so occupied, and class I manufactured
home parks as defined in section 327C.01, subdivision 13, have a classification
rate of 1.0 have a classification rate of 0.75 percent, (iii)
commercial-use seasonal residential recreational property and marina
recreational land as described in clause (11), has a classification rate of one
percent for the first $500,000 of market value, and 1.25 percent for the
remaining market value, (iv) the market value of property described in clause
(4) has a classification rate of one percent, (v) the market value of property
described in clauses (2), (6), and (10) has a classification rate of 1.25 percent,
(vi) that portion of the market value of property in clause (9) qualifying for
class 4c property has a classification rate of 1.25 percent, and (vii) property
qualifying for classification under clause (3) that is owned or operated by a
congressionally chartered veterans organization has a classification rate of
one percent. The commissioner of
veterans affairs must provide a list of congressionally chartered veterans
organizations to the commissioner of revenue by June 30, 2017, and by January
1, 2018, and each year thereafter.
(e) Class 4d property is qualifying low-income rental housing certified to the assessor by the Housing Finance Agency under section 273.128, subdivision 3. If only a portion of the units in the building qualify as low-income rental housing units as certified under section 273.128, subdivision 3, only the proportion of qualifying units to the total number of units in the building qualify for class 4d. The remaining portion of the building shall be classified by the assessor based upon its use. Class 4d also includes the same proportion of land as the qualifying low-income rental housing units are to the total units in the building. For all properties qualifying as class 4d, the market value determined by the assessor must be based on the normal approach to value using normal unrestricted rents.
(f) The first tier of market value of class 4d property has a classification rate of 0.75 percent. The remaining value of class 4d property has a classification rate of 0.25 percent. For the purposes of this paragraph, the "first tier of market value of class 4d property" means the market value of each housing unit up to the first tier limit. For the purposes of this paragraph, all class 4d property value must be assigned to individual housing units. The first tier limit is $100,000 for assessment year 2014. For subsequent years, the limit is adjusted each year by the average statewide change in estimated market value of property classified as class 4a and 4d under this section for the previous assessment year, excluding valuation change due to new construction, rounded to the nearest $1,000, provided, however, that the limit may never be less than $100,000. Beginning with assessment year 2015, the commissioner of revenue must certify the limit for each assessment year by November 1 of the previous year.
EFFECTIVE DATE. This section is effective beginning with property taxes payable in 2020."
Page 41, delete section 58 and insert:
"Sec. 59. REPEALER.
(a) Minnesota Statutes 2018, section
327C.095, subdivision 8, is repealed.
(b) Minnesota Statutes 2018, sections
327C.01, subdivision 13; and 327C.16, are repealed.
EFFECTIVE DATE. Paragraph (b) is effective beginning with property taxes payable in 2020."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hertaus
amendment and the roll was called. There
were 55 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Baker
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hamilton
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 7, line 28, reinstate ", except"
Page 7, line 29, reinstate the stricken language
A roll call was requested and properly
seconded.
The question was taken on the Hertaus amendment
and the roll was called. There were 58
yeas and 74 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Mahoney was excused between the hours of
5:45 p.m. and 6:25 p.m.
Hertaus moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 13, line 23, delete "30-year"
Page 13, line 28, delete "at least" and insert "the number of years for which the development is to receive agency financing or federal low-income tax credits. If the agency financing is repaid in full, or if the development no longer receives federal low-income tax credits, the agency must terminate the covenant, except that the covenant must not be terminated less than 15 years from the date the financing was provided or the date of refinance or restructuring of debt first secured from the agency."
Page 13, line 29, delete "30 years."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hertaus
amendment and the roll was called. There
were 53 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Drazkowski
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mann
Mariani
Marquart
Masin
Miller
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Theis moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 38, after line 22, insert:
"Sec. 52. Minnesota Statutes 2018, section 484.014, is amended by adding a subdivision to read:
Subd. 4. Exceptions. Except when the court finds that the
action brought by the plaintiff is sufficiently without basis in fact or law,
which may include a lack of jurisdiction, the court shall not order an
expungement that meets the requirements of subdivision 2 or subdivision 3 if
the basis for eviction was because a tenant:
(1) committed an act constituting a
violation of sections 609.282 to 609.284 or 609.321 to 609.324;
(2) committed an act constituting a
violation of sections 609.185 to 609.21 or 609.2661 to 609.2672;
(3) committed an act constituting a
violation of sections 609.221, 609.2231, 609.2242, 609.2247, or 609.342 to
609.3452;
(4) committed an act constituting a
violation of sections 609.25, 609.251, 609.377, 609.378, or 609.494;
(5) committed an act constituting a
violation of sections 609.561 to 609.5632;
(6) committed an act constituting a
violation of sections 609.24, 609.245, 609.52, 609.529, or 609.582;
(7) had not paid rent for two or more
consecutive months;
(8) engaged in willful and malicious
destruction of the leased residential property or the property of another
tenant in excess of $1,000;
(9) threatened or harassed the
landlord, an employee, or agent of the landlord, or another tenant of the
building;
(10) repeatedly smoked in a smoke free
unit or building in violations of the terms of the lease, for the purposes of
this clause smoking has the meaning given in section 144.413, subdivision 4;
(11) repeatedly mocked, harassed, or
insulted the landlord, an employee, or an agent of the landlord, or another
tenant of the building because of their gender, sexual orientation, disability,
or religion;
(12) allowed another to sublet in
violation of a lease;
(13) violated the covenant in section
504B.171; or
(14) engaged in behavior which would
require the landlord to take action, including eviction, to address crimes in
residential rental units pursuant to a local government ordinance;
(15) been in possession of an explosive
or incendiary device in violation of section 609.668 on the leased property; or
(16) furnished alcohol, tobacco, or a controlled substance to a minor on the leased property."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Theis
amendment and the roll was called. There
were 59 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
Marquart
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mann
Mariani
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Theis moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 40, line 24, delete the period and insert "except when the court determines that:"
Page 40, after line 24, insert:
"(1) access to the record is in
the public interest; or
(2) the restriction on public access would enable the person against whom the complaint is made to engage in behavior which is likely to jeopardize the health, safety, and welfare of, or result in a rent increase for, current or future tenants in a building where the person resides or will reside."
A roll call was requested and properly
seconded.
The question was taken on the Theis
amendment and the roll was called. There
were 61 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahner
Bahr
Baker
Bennett
Bierman
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
Marquart
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Becker-Finn
Bernardy
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mann
Mariani
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Lucero moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 39, line 7, delete "The information required by this section must be provided on the first page of"
Page 39, delete line 8
A roll call was requested and properly
seconded.
The question was taken on the Lucero
amendment and the roll was called. There
were 58 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Lucero moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 39, delete section 54
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.
Lucero moved to amend H. F. No. 2542, the first engrossment, as amended, as follows:
Page 38, line 26, before "must" insert "with a student who has provided documentation that they are a student in a university, college, or secondary education program"
Page 39, line 4, after "lease" insert "with a student who has provided documentation that they are a student in a university, college, or secondary education program"
Page 39, line 12, after "lease" insert "with a student who has provided documentation that they are a student in a university, college, or secondary education program"
A roll call was requested and properly
seconded.
The question was taken on the Lucero
amendment and the roll was called. There
were 58 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Pierson
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
The Speaker called Halverson to the Chair.
H. F. No. 2542, A bill for
an act relating to housing; modifying the Minnesota Bond Allocation Act
relating to housing bonds; modifying manufactured home park lot rentals and
sales; modifying Housing Finance Agency tax credit allocations; allowing for
expungement of certain eviction cases; mandating certain terms in residential
lease agreements; classifying certain eviction data; expanding housing
improvement areas; amending Minnesota Statutes 2018, sections 326B.815,
subdivision 1; 327.31, by adding a subdivision; 327B.041; 327C.01, by adding a subdivision; 327C.095, subdivisions 1, 2, 3, 4,
6, 7, 9, 11, 12, 13, by adding a subdivision; 428A.11, subdivisions 4, 6;
462A.05, by adding a subdivision; 462A.2035, subdivisions 1a, 1b; 462A.222,
subdivision 3; 474A.02, by adding subdivisions; 474A.03, subdivision 1;
474A.04, subdivision 1a; 474A.061, subdivisions 1, 2a, 2b, 2c, 4, by adding
subdivisions; 474A.062; 474A.091, subdivisions 1, 2, 3, 5, by adding a
subdivision; 474A.131, subdivisions 1, 1b; 474A.14; 474A.21; 484.014,
subdivisions 2, 3; 504B.111; 504B.206, subdivision 3; 504B.321, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 327;
504B; repealing Minnesota Statutes 2018, section 327C.095, subdivision 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage
of the bill and the roll was called.
There were 85 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Acomb
Bahner
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hamilton
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Nornes
Olson
Pelowski
Persell
Petersburg
Pinto
Poppe
Pryor
Richardson
Runbeck
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Theis
Torkelson
Vang
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Albright
Backer
Bahr
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
O'Driscoll
O'Neill
Pierson
Poston
Quam
Robbins
Schomacker
Scott
Swedzinski
Urdahl
Vogel
Zerwas
The
bill was passed, as amended, and its title agreed to.
PROTEST
AND DISSENT
Pursuant to Article IV, Section 11 of the
Minnesota Constitution, we the undersigned Members of the Minnesota House of
Representatives register our protest and dissent against Representative Jamie
Becker-Finn for her disrespectful and inappropriate behavior following a vote
on the House floor on April 29, 2019, and against Speaker Melissa Hortman for
her inconsistent handling of disputes between legislators.
The House Code of Conduct Policy for the
Minnesota House of Representatives, pursuant to House Rule 9.01, states:
"A State Representative and an officer or
employee of the House of Representatives shall:
Respect the principles of representative democracy, by
exemplifying good citizenship and High personal integrity, and by observing the
letter and spirit of laws, and House Rules…
Treat everyone with respect, fairness, and
courtesy…
Exercise sound judgment."
During a roll-call vote that would
establish a presumption of 50 percent/50 percent shared parenting during
divorce proceedings, members of DFL leadership were observed pressuring members
of the House DFL caucus, ultimately leading to four votes switching from ‘yes’
to ‘no’ and the failure of the amendment on a 67-67 tie. Following the vote,
Representative Marion O’Neill rose and delivered an emotional, personal speech
to express her profound disappointment with the events during the previous
roll-call. Representative Becker-Finn was observed watching the speech being
delivered by Representative O’Neill, gloating and laughing about the previous
events. Her behavior was blatantly disrespectful of the positions and emotions
expressed by the bipartisan group of lawmakers who supported the
shared-parenting amendment, and unbecoming of a state legislator.
Earlier this session, following intimidating, hostile, and aggressive
behavior by a male DFL Chair against a female member of the House Republican
Caucus, Speaker Hortman asked for the matter to be handled privately, behind
closed doors. That same courtesy was not
extended when dealing with a Republican member who expressed frustration with
Rep. Becker-Finn’s actions. Speaker Hortman’s inconsistent handling of these
situations is disappointing, detrimental to the work environment of the
Minnesota House of Representatives, and harmful to the working relationship
between the majority and the minority.
We the undersigned find Rep. Becker-Finn’s behavior disrespectful and
unbecoming of a legislator. Rep. Becker‑Finn did not act with respect,
fairness, and courtesy, and therefore violated House Conduct policies pursuant
to House Rule 9.01. We the undersigned further find Speaker Hortman’s handling
of these incidents as harmful to the work environment of the Minnesota House
and admonish not only Rep. Becker-Finn’s behavior, but Speaker Hortman’s
inconsistent treatment of disputes between legislators.
Signed,
Kurt
Daudt Rod
Hamilton
Anne
Neu Gregory
M. Davids
Marion
O'Neill Nels
Pierson
Peggy
Scott Bob
Gunther
Jon
Koznick Brian
Daniels
John
Poston Sandy
Layman
Bob
Dettmer Brian Johnson
Nick
Zerwas Josh
Heintzeman
Nathan
Nelson Dale
Lueck
Chris
Swedzinski Linda
Runbeck
Ron
Kresha Duane
Quam
Joe
Schomacker Glenn
Gruenhagen
Tony
Albright John
Heinrich
Dave
Baker Tim
O'Driscoll
Paul
Torkelson Sondra
Erickson
Greg
Boe Matt
Grossell
Barb
Haley Dean
Urdahl
Jerry
Hertaus Nolan
West
Steve
Green Tony
Jurgens
Jeff
Backer Eric
Lucero
Peggy
Bennett Joe
McDonald
John
Petersburg Kristin
Robbins
Bud
Nornes Steve
Drazkowski
Debra
Kiel Jeremy
Munson
Lisa
Demuth Tim
Miller
Tama
Theis Cal
Bahr
Dan
Fabian Shane
Mekeland
Jim
Nash Mary
Franson
Bob
Vogel
ADJOURNMENT
Olson moved that when the House adjourns
today it adjourn until 10:30 a.m., Tuesday, May 7, 2019. The motion prevailed.
Olson moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Halverson declared the House stands adjourned until 10:30 a.m., Tuesday, May 7,
2019.
Patrick
D. Murphy, Chief
Clerk, House of Representatives