STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
SEVENTY-NINTH DAY
����� The House of Representatives convened at
3:00 p.m. and was called to order by Steve Sviggum, Speaker of the House.
����� Prayer was offered by the Reverend Mike
Cieniawski, Victory in
����� The members of the House gave the pledge
of allegiance to the flag of the
����� The roll was called and the following
members were present:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� A quorum was present.
����� Abrams was excused.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.�
PETITIONS
AND COMMUNICATIONS
����� The following communications were
received:
STATE OF
OFFICE OF THE GOVERNOR
March 22, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State of
Dear Speaker
Sviggum:
����� 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. 1915, relating to health;
providing an exception to the hospital construction moratorium for a hospital
in
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Tim
Pawlenty
������������������������������������������������������������������������������������������������������������������������������� Governor
STATE OF
OFFICE OF THE SECRETARY OF STATE
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
����� I have the honor to inform you that the
following enrolled Act of the 2006 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 2006 |
Date Filed 2006 |
�������������������������������� 1915��������������������� 172��������������������������������������� 9:15 a.m. March 22��������������������������������� March 22
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mary
Kiffmeyer
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
REPORTS
OF STANDING COMMITTEES
Olson from the Committee on Local Government to which was
referred:
H. F. No. 587, A bill for an act relating to elections;
providing for periodic election days for state and local elections, other than
special elections to fill a vacancy and elections conducted by mail; amending
Minnesota Statutes 2004, sections 123B.63, subdivision 3; 126C.17, subdivision
11; 204C.05, by adding a subdivision; 205.10, subdivision 3; 205A.05,
subdivision 1; 373.40, subdivision 2; 375.20; 458.40; 465.82, subdivision 2;
465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 475.521,
subdivision 2; 475.58, subdivisions 1, 1a; 475.59; proposing coding for new law
in Minnesota Statutes, chapters 204D; 205; 205A; repealing Minnesota Statutes
2004, sections 204C.05, subdivisions 1a, 1b; 205.175; 205A.09.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Civil Law and Elections.
����� The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 632, A bill for an act relating to taxation;
income; providing for economic growth in rural counties of the state by
allowing a credit against the income tax of an employer for the creation and
retention of certain jobs; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 290.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� [290.0681] RURAL ECONOMIC GROWTH CREDIT.�
Subdivision 1.�
Credit name.� The credit allowed by this section shall
be known as the "Rural Minnesota Catch‑Up Credit."
Subd. 2.� Definitions.� (a) For purposes of this section, the
following terms have the meanings given.
(b) "Eligible county" means a county, located
outside the metropolitan area, as defined in section 473.121, subdivision 2,
that experienced, between 1994 and 2004, a net new job growth rate of less than
15.6 percent, or a county that has a population of less than 25,000 according
to the 2000 census.
(c) "Qualifying job" means a job in an industry
that produces goods or services that bring outside wealth into an eligible county.� A qualifying job includes jobs in the
following industries:� value-added
manufacturing, technologically innovative and information industries, forestry,
mining, agriprocessing, and tourism attractions.� At a minimum, a qualifying job must provide
full-time employment and pay not less than $12 per hour, or $10 per hour plus
health insurance benefits, or its equivalent.�
A qualifying job does not include any job for which a tax credit is
received under section 469.318� or for
which a grant is made under section 469.309.
Subd. 3.� Credit allowed.� A taxpayer that is awarded a credit under
subdivision 4 may take a credit against the tax imposed by this chapter, equal
to $4,000 per qualifying job created by the taxpayer, per year for three years,
and $3,000 in the fourth year.
Subd.
4.
(b) A taxpayer seeking a credit under this section must apply
to an eligible county at least 60 days before the award date in paragraph (c)
on a form and in a manner prescribed by the commissioner.
(c) Eligible counties shall award credits under this section
twice each year, by March 15 and September 15.�
An eligible county shall publish a notice advertising the award date, at
least 90 days before the date.� The
county board of commissioners of an eligible county, or the duly appointed
representatives of the county board of commissioners, shall award credits under
this section to applicants using uniform criteria established by the
commissioner.� In selecting among
applicants for awarding credits under this section, criteria must contemplate
and place greater weight on the following factors:� whether the qualifying job provides higher
wages, better benefits, or on-the-job training; whether the taxpayer's business
is locally owned and owns, rather than leases, its own facilities or buildings;
whether the taxpayer's business provides employee stock ownership plans or
employee profit sharing; and whether a higher percentage of the business's
employees are hired with tax credits under this section.� For purposes of this section, "duly
appointed representatives" include a county or regional economic
development agency or authority.
Subd. 5.� Limitation; carryforward.� (a) The total amount of credits under this
section may not exceed $150,000 per eligible county over two years.� If a county fails to award $150,000 within a
year, it may carry forward the amount that remains unawarded to the following
year.� Unawarded amounts may not be
carried beyond the following year and are lost.
(b) A taxpayer may claim the credit under this section for
the year following the year in which the new qualifying job is created and for
each year the new qualifying job remains in existence, up to a maximum of four
years or $15,000 per qualifying job created.�
The taxpayer may claim the credit under this section for years in which
the qualifying job was in existence for the entire year.� A credit under this section is awarded to the
taxpayer for, and attaches to, a designated employee.� If the designated employee for whom a credit
under this section was awarded leaves the employment of the taxpayer for any
reason, the remaining credit the taxpayer would otherwise be eligible to
receive is forfeited and may not be claimed by the taxpayer unless a
replacement employee is hired to fill the qualifying job within a reasonable
period, not to exceed three months.�
Credit amounts forfeited under this paragraph accrue back to and may be
awarded by an eligible county as if the amount had been unawarded, as provided
in paragraph (a).
Subd. 6.� Credit refundable.� If the amount of credit that the taxpayer
is eligible to receive under this section exceeds the liability for tax under
this chapter, the commissioner shall refund the excess to the claimant.� An amount sufficient to pay the refunds
authorized by this subdivision is appropriated to the commissioner from the
general fund.
Subd. 7.� Manner of claiming.� The commissioner shall prescribe the
manner in which the credit may be issued and claimed.� This may include providing for the issuance
of credit certificates or allowing the credit only as a separately processed
claim for a refund.
Subd. 8.� Report.� The commissioner shall report to the
legislature by February 15, 2009, on credits claimed under this section and
shall evaluate the feasibility and benefit of continuing the program.� The commissioner may consult with the
commissioner of economic security and the commissioner of trade and economic
development in preparing this report.
Subd.
9.
EFFECTIVE
DATE.� This section is
effective January 1, 2007."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Taxes.
����� The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 1863, A bill for an act relating to capital
investments; establishing an electronic medical record system loan program and
fund; authorizing the sale of state revenue bonds; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 62J.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2005 Supplement, section 290.01, subdivision 19b, is
amended to read:
Subd. 19b.� Subtractions from federal taxable income.� For individuals, estates, and trusts, there
shall be subtracted from federal taxable income:
(1) net interest income on obligations of any authority,
commission, or instrumentality of the United States to the extent includable in
taxable income for federal income tax purposes but exempt from state income tax
under the laws of the United States;
(2) if included in federal taxable income, the amount of any
overpayment of income tax to Minnesota or to any other state, for any previous
taxable year, whether the amount is received as a refund or as a credit to
another taxable year's income tax liability;
(3) the amount paid to others, less the amount used to claim
the credit allowed under section 290.0674, not to exceed $1,625 for each
qualifying child in grades kindergarten to 6 and $2,500 for each qualifying
child in grades 7 to 12, for tuition, textbooks, and transportation of each
qualifying child in attending an elementary or secondary school situated in
Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident
of this state may legally fulfill the state's compulsory attendance laws, which
is not operated for profit, and which adheres to the provisions of the Civil
Rights Act of 1964 and chapter 363A.� For
the purposes of this clause, "tuition" includes fees or tuition as
defined in section 290.0674, subdivision 1, clause (1).� As used in this clause, "textbooks"
includes books and other instructional materials and equipment purchased or
leased for use in elementary and secondary schools in teaching only those
subjects legally and commonly taught in public elementary and secondary schools
in this state.� Equipment expenses
qualifying for deduction includes expenses as defined and limited in section
290.0674, subdivision 1, clause (3). "Textbooks" does not include
instructional books and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such tenets,
doctrines, or worship, nor does it include books or materials for, or transportation
to, extracurricular activities including sporting events, musical or dramatic
events, speech activities, driver's education, or similar programs.� For purposes of the subtraction provided by
this clause, "qualifying child" has the meaning given in section 32(c)(3)
of the Internal Revenue Code;
(4) income as provided under section 290.0802;
(5)
to the extent included in federal adjusted gross income, income realized on
disposition of property exempt from tax under section 290.491;
(6) to the extent not deducted in determining federal taxable
income by an individual who does not itemize deductions for federal income tax
purposes for the taxable year, an amount equal to 50 percent of the excess of
charitable contributions over $500 allowable as a deduction for the taxable
year under section 170(a) of the Internal Revenue Code and under the provisions
of Public Law 109-1;
(7) for taxable years beginning before January 1, 2008, the
amount of the federal small ethanol producer credit allowed under section
40(a)(3) of the Internal Revenue Code which is included in gross income under
section 87 of the Internal Revenue Code;
(8) for individuals who are allowed a federal foreign tax
credit for taxes that do not qualify for a credit under section 290.06,
subdivision 22, an amount equal to the carryover of subnational foreign taxes
for the taxable year, but not to exceed the total subnational foreign taxes
reported in claiming the foreign tax credit.�
For purposes of this clause, "federal foreign tax credit"
means the credit allowed under section 27 of the Internal Revenue Code, and
"carryover of subnational foreign taxes" equals the carryover allowed
under section 904(c) of the Internal Revenue Code minus national level foreign
taxes to the extent they exceed the federal foreign tax credit;
(9) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (7), or
19c, clause (15), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the delayed depreciation.� For purposes of this clause, "delayed
depreciation" means the amount of the addition made by the taxpayer under
subdivision 19a, clause (7), or subdivision 19c, clause (15), in the case of a
shareholder of an S corporation, minus the positive value of any net operating
loss under section 172 of the Internal Revenue Code generated for the tax year
of the addition.� The resulting delayed
depreciation cannot be less than zero;
(10) job opportunity building zone income as provided under
section 469.316;
(11) the amount of compensation paid to members of the
Minnesota National Guard or other reserve components of the United States
military for active service performed in Minnesota, excluding compensation for
services performed under the Active Guard Reserve (AGR) program.� For purposes of this clause, "active
service" means (i) state active service as defined in section 190.05,
subdivision 5a, clause (1); (ii) federally funded state active service as
defined in section 190.05, subdivision 5b; or (iii) federal active service as
defined in section 190.05, subdivision 5c, but "active service"
excludes services performed exclusively for purposes of basic combat training,
advanced individual training, annual training, and periodic inactive duty
training; special training periodically made available to reserve members; and
service performed in accordance with section 190.08, subdivision 3;
(12) the amount of compensation paid to Minnesota residents
who are members of the armed forces of the United States or United Nations for
active duty performed outside Minnesota;
(13) an amount, not to exceed $10,000, equal to qualified
expenses related to a qualified donor's donation, while living, of one or more
of the qualified donor's organs to another person for human organ
transplantation.� For purposes of this
clause, "organ" means all or part of an individual's liver, pancreas,
kidney, intestine, lung, or bone marrow; "human organ
transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person;
"qualified expenses" means unreimbursed expenses for both the
individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost
wages net of sick pay, except that such expenses may be subtracted under this
clause only once; and "qualified donor" means the individual or the
individual's dependent, as defined in section 152 of the Internal Revenue Code.� An individual may claim the subtraction in
this clause for each instance of organ donation for transplantation during the
taxable year in which the qualified expenses occur;
(14)
in each of the five tax years immediately following the tax year in which an
addition is required under subdivision 19a, clause (8), or 19c, clause (16), in
the case of a shareholder of a corporation that is an S corporation, an amount
equal to one-fifth of the addition made by the taxpayer under subdivision 19a,
clause (8), or 19c, clause (16), in the case of a shareholder of a corporation
that is an S corporation, minus the positive value of any net operating loss
under section 172 of the Internal Revenue Code generated for the tax year of
the addition.� If the net operating loss
exceeds the addition for the tax year, a subtraction is not allowed under this
clause;
(15) to the extent included in federal taxable income,
compensation paid to a nonresident who is a service member as defined in United
States Code, title 10, section 101(a)(5), for military service as defined in
the Service Member Civil Relief Act, Public Law 108-189, section 101(2); and
(16) international economic development zone income as
provided under section 469.325.; and
(17) premiums paid for a health plan, as defined in section
62A.011, subdivision 3, obtained as an individual health plan.
Sec. 2.� [290.0677] HEALTH INSURANCE CREDIT.�
Subdivision 1.�
Credit.� An individual is allowed a credit against
the tax imposed by this chapter for health insurance premiums paid during the
tax year.� The credit equals 7.85 percent
of health insurance premiums and applies to premiums of up to $2,500 for a
single person and up to $7,500 for married couples filing jointly.� For a nonresident or part-year resident, the
credit determined under this section must be allocated based on the percentage
calculated under section 290.06, subdivision 2c, paragraph (e).
Subd. 2.� Credit refundable.� If the amount of credit which the
individual is eligible to receive under this section exceeds the individual's
tax liability under this chapter, the commissioner shall refund the excess to
the individual.
Subd. 3.� Appropriation.� An amount sufficient to pay the refunds
required by this section is appropriated to the commissioner from the general
fund.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2005."
Delete the title and insert:
"A bill for an act relating to income taxation;
providing a subtraction from federal taxable income for certain health plan
premiums; providing a credit for health insurance premiums; appropriating
money; amending Minnesota Statutes 2005 Supplement, section 290.01, subdivision
19b; proposing coding for new law in Minnesota Statutes, chapter 290."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Taxes.
����� The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 2492, A bill for an act relating to education;
making school lock-down, tornado, and fire drills a crisis management
requirement; requiring a secondary school law enforcement teacher to be
licensed as a peace officer; integrating school safety procedures and fire
drills; establishing a task force to advise the legislature on K-12 emergency/all
hazard procedures; authorizing rulemaking by the board of school
administrators; amending Minnesota Statutes 2004, sections 121A.035; 299F.30;
Laws 2005, First Special Session chapter 5, article 2, section 81; proposing
coding for new law in Minnesota Statutes, chapter 122A.
Reported the same back with the following amendments:
Page 2, delete lines 3 to 20 and insert:
"Sec. 2.� [121A.037] SCHOOL SAFETY DRILLS.�
Private schools and educational institutions not subject to
section 121A.035 must have at least five school lock-down drills and five
school fire drills consistent with section 299F.30, and one tornado drill.
EFFECTIVE
DATE.� This section is
effective for the 2006-2007 school year and later."
Page 2, line 23, delete "section 121A.035"
and insert "sections 121A.035, 121A.037,"
Page 2, line 25, reinstate the stricken "at least"
and after the stricken "nine" insert "five"
Page 2, lines 27 to 29, delete the new language
Page 4, line 10, after the second semicolon, insert "nonlicensed
school employees;"
Page 4, line 12, delete "Heath" and insert
"Health" and after the second semicolon, insert "Minnesota
State Colleges and Universities; Minnesota Association of School
Administrators;"
Amend the title as follows:
Page 1, line 3, delete everything after the semicolon
Page 1, line 4, delete everything before the semicolon and
insert "requiring nonpublic school lockdowns, tornado drills, and fire
drills"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Education Finance.
����� The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2514, A bill for an act relating to securities;
enacting and modifying the 2002 Uniform Securities Act of the National
Conference of Commissioners on Uniform State Laws; prescribing criminal
penalties; amending Minnesota Statutes 2004, sections 60A.077, subdivision 9;
82.23; 82.43, subdivision 7; 144A.01, subdivision 4; 245A.02, subdivision 5a;
302A.011, subdivision 26; 302A.251, subdivision 4; 308A.505; 308B.465,
subdivision 2; 322B.03, subdivision 43; 322B.663, subdivision 4; 356A.06,
subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 80A;
repealing Minnesota Statutes 2004, sections 80A.01; 80A.02; 80A.03; 80A.04;
80A.041; 80A.05; 80A.06; 80A.07; 80A.08; 80A.09; 80A.10; 80A.11; 80A.115;
80A.12; 80A.122; 80A.125; 80A.13; 80A.14; 80A.15; 80A.16; 80A.17; 80A.18;
80A.19; 80A.22; 80A.23; 80A.24; 80A.25; 80A.26; 80A.27; 80A.28; 80A.29; 80A.30;
80A.31.
Reported the same back with the following amendments:
Page
57, delete lines 14 to 18
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 2574, A bill for an act relating to health;
providing an exception to the hospital construction moratorium for a facility
in Cass County; amending Minnesota Statutes 2005 Supplement, section 144.551,
subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 2677, A bill for an act relating to local
government; authorizing towns to contract without competitive bidding in
certain circumstances; amending Minnesota Statutes 2004, section 471.345, by
adding a subdivision.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 2688, A bill for an act relating to veterans;
authorizing the placement of a plaque on the Capitol grounds honoring the
nation's war dogs and their handlers.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
����� The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 2807, A bill for an act relating to human services;
providing an exception for notification of a variance or set-aside; amending
Minnesota Statutes 2005 Supplement, sections 245C.22, subdivision 7; 245C.301.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Hackbarth
from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 2839, A bill for an act relating to the
environment; requiring the replacement or discontinued operation of
straight-pipe systems for sewage disposal within ten months of notice; amending
Minnesota Statutes 2004, section 115.55, subdivision 1, by adding a
subdivision.
Reported the same back with the following amendments:
Page 2, line 27, after the period, insert "Before any
inspection on private property, the inspector must have probable cause to
believe a straight-pipe system exists on the property."
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2843, A bill for an act relating to consumer
protections; reducing identity theft and assisting its victims; providing
penalties; amending Minnesota Statutes 2004, sections 13.05, subdivision 5;
138.17, subdivision 7; 609.527, by adding a subdivision; Minnesota Statutes
2005 Supplement, section 325E.61, subdivisions 1, 4; proposing coding for new
law in Minnesota Statutes, chapters 13; 13C; 325E; 325G; 609.
Reported the same back with the following amendments:
Page 9, after line 30, insert:
"(b) "Credit" means the right granted to a
borrower to defer payment of a debt, to incur debt and defer its payment, or to
purchase property or services and defer payment.� Credit does not include an overdraft from a
person's deposit account, whether through a check, ATM withdrawal, debit card,
or otherwise, that is not pursuant to a written agreement to pay overdrafts
with the right to defer payment of them."
Page 9, line 31, delete "(b)" and insert
"(c)"
Page 9, line 32, delete "(c)" and insert
"(d)"
Page 9, line 33, delete "(d)" and insert
"(e)"
Page 10, line 1, delete "(e)" and insert
"(f)"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Public Safety Policy and Finance.
����� The report was adopted.
Holberg
from the Committee on Transportation Finance to which was referred:
H. F. No. 2846, A bill for an act relating to eminent domain;
defining public use or purpose; prohibiting the use of eminent domain for
economic development; requiring clear and convincing evidence for certain
takings; providing for attorney fees and other additional elements of
compensation; making other changes in the exercise of eminent domain; amending Minnesota
Statutes 2004, sections 117.025; 117.075, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 117.
Reported the same back with the following amendments:
Page 5, after line 20, insert:
"Sec. 7.� [117.1845] OTHER REGULATORY TAKINGS.�
A state or local government preservation designation adopted
on or after August 1, 2002, that reduced the fair market value of real property
or interferes with the owner's use and quiet enjoyment of the property,
constitutes a regulatory taking for which the owner must be paid just
compensation.� The state or local
government may repeal or amend the official control or historic preservation
designation to eliminate the adverse impact on the property instead of paying
damages."
Page 6, after line 9, insert:
"Subd. 4.� Use of appraisal at commissioners'
hearing.� An appraisal of the
going concern must not be used or considered in a condemnation commissioner's
hearing, nor may the appraiser who prepared the appraisal testify, unless a
copy of the appraiser's written report is provided to the opposing party at
least five days before the hearing."
Page 6, line 13, delete "of the points of access to
and"
Page 6, line 14, delete "exit from" and
insert "of the driveway access into and out of"
Page 6, line 16, delete "and one year" and
insert a period
Page 6, delete line 17
Page 6, before line 18, insert:
"A claim for compensation under this section must be
made no later than one year after the completion of the project that eliminated
the driveway access.� Compensation must
not exceed (1) the addition of revenue from the two previous years, minus (2)
the addition of cost of goods sold from the two previous years."
Page 6, line 20, delete "similar house or building of
equivalent size" and insert "comparable property"
Page 6, line 22, before the period, insert ", to the
extent the damages will not be duplicated in the compensation otherwise awarded
to the owner of the property"
����� Renumber the sections in sequence
Amend the title accordingly
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Sykora
from the Committee on Education Finance to which was referred:
H. F. No. 2847, A bill for an act relating to retirement;
merging the Minneapolis Teachers Retirement Fund Association and the Teachers
Retirement Association; adjusting contribution rates; making technical changes;
providing a benefit increase; making state aid adjustment; appropriating money;
amending Minnesota Statutes 2004, sections 127A.50, subdivision 1; 128D.10;
354.05, subdivisions 2, 13; 354.42, subdivisions 2, 3; 354A.011, subdivisions
15a, 27; 354A.021, subdivision 1; 354A.092; 354A.093, subdivision 1; 354A.095;
354A.096; 354A.12, subdivisions 1, 2, 2a, 3a, 3b, 3c, 3d; 354A.30; 354A.32,
subdivision 1; 354A.39; 354A.40, subdivision 1; 354A.41; 356.20, subdivision 2;
356.214, subdivision 1; 356.215, subdivision 11; 356.30, subdivision 3;
356.302, subdivision 7; 356.303, subdivision 4; 356.315, by adding
subdivisions; 356.42, subdivision 3; 356.465, subdivision 3; 423A.02,
subdivision 1b; Minnesota Statutes 2005 Supplement, sections 354.44,
subdivision 6; 354A.31, subdivision 4; 356.215, subdivision 8; proposing coding
for new law in Minnesota Statutes, chapters 128D; 354; repealing Minnesota
Statutes 2004, sections 354A.051; 354A.105; 354A.23, subdivision 1; 354A.28.
Reported the same back with the following amendments:
Page 1, after line 18, insert:
"ARTICLE 1
MINNESOTA POSTRETIREMENT INVESTMENT FUND CHANGES
Section 1.� Minnesota
Statutes 2004, section 11A.18, subdivision 9, is amended to read:
Subd. 9.� Calculation of postretirement adjustment.� (a) Annually, following June 30, the state
board shall use the procedures in paragraphs (b), (c), and (d) to determine
whether a postretirement adjustment is payable and to determine the amount of
any postretirement adjustment.
(b) If the Consumer Price Index for urban wage earners and
clerical workers all items index published by the Bureau of Labor Statistics of
the United States Department of Labor increases from June 30 of the preceding
year to June 30 of the current year, the state board shall certify the
percentage increase.� The amount
certified must not exceed the lesser of the difference between the
preretirement interest assumption and postretirement interest assumption in
section 356.215, subdivision 8, paragraph (a), or 2.5 percent.� For the Minneapolis Employees Retirement
Fund, the amount certified must not exceed 3.5 percent.
(c) In addition to any percentage increase certified under
paragraph (b), the board shall use the following procedures to determine if a
postretirement adjustment is payable under this paragraph:
(1) The state board shall determine the market value of the
fund on June 30 of that year;
(2) The amount of reserves required as of the current June
30 for the annuity or benefit payable to an annuitant and benefit recipient
of the participating public pension plans or funds must be determined by the fund
shall report separately as additional "eligible reserves" an amount
that bears the same ratio to the total reserves required for the annuitant or
benefit recipient as the number of full months of annuity or benefit receipt as
of the current June 30 bears to 12 full months.�
The remainder of the annuitant's or benefit recipient's reserves must be
separately reported as additional "noneligible reserves."� The amount of "eligible" and
"noneligible" required reserves must be certified to the board by the
commission-retained actuary as soon as is practical following the current June
30;commission-retained
actuary as of the current June 30 retained under section 356.214.� An annuitant or benefit recipient who has
been receiving an annuity or benefit for at least 12 full months as of the
current June 30 is eligible to receive a full postretirement adjustment.� An annuitant or benefit recipient who has
been receiving an annuity or benefit for at least one full month, but less than
12 full months as of the current June 30, is eligible to receive a partial
postretirement adjustment.� Each fund
shall report separately the amount of the reserves for those annuitants and
benefit recipients who are eligible to receive a full postretirement benefit
adjustment.� This amount is known as
"eligible reserves."� Each fund
shall also report separately the amount of the reserves for those annuitants
and benefit recipients who are not eligible to receive a postretirement
adjustment.� This amount is known as
"noneligible reserves." For an annuitant or benefit recipient who is
eligible to receive a partial postretirement adjustment, each
(3) The state board shall determine the percentage increase
certified under paragraph (b) multiplied by the eligible required reserves, as
adjusted for mortality gains and losses under subdivision 11, determined under
clause (2);
(4) The state board shall add the amount of reserves required
for the annuities or benefits payable to annuitants and benefit recipients of
the participating public pension plans or funds as of the current June 30 to
the amount determined under clause (3);
(5) The state board shall subtract the amount determined
under clause (4) from the market value of the fund determined under clause (1);
(6) The state board shall adjust the amount determined under
clause (5) by the cumulative current balance determined pursuant to under
clause (8) and any negative balance carried forward under clause (9);
(7) A positive amount resulting from the calculations in
clauses (1) to (6) is the excess market value.�
A negative amount is the negative balance;
(8) The state board shall allocate one-fifth of the excess
market value or one-fifth of the negative balance to each of five consecutive
years, beginning with the fiscal year ending the current June 30; and
(9) To calculate the postretirement adjustment under this
paragraph based on investment performance for a fiscal year, the state board
shall add together all excess market value allocated to that year and subtract
from the sum all negative balances allocated to that year.� If this calculation results in a negative
number, the entire negative balance must be carried forward and allocated to
the next year.� If the resulting amount
is positive, a postretirement adjustment is payable under this paragraph.� The board shall express a positive amount as
a percentage of the total eligible required reserves certified to the board
under clause (2).
(d) The state board shall determine the amount of any
postretirement adjustment which is payable using the following procedure:
(1) The total "eligible" required reserves as of
the first of January next following the end of the fiscal year for the
annuitants and benefit recipients eligible to receive a full or partial
postretirement adjustment as determined by clause (2) must be certified to the
state board by the commission-retained actuary retained under section
356.214.� The total
"eligible" required reserves must be determined by the commission-retained
actuary retained under section 356.214 on the assumption that all
annuitants and benefit recipients eligible to receive a full or partial
postretirement adjustment will be alive on the January 1 in question; and
(2) The state board shall add the percentage certified under
paragraph (b) to any positive percentage calculated under paragraph (c).� The board shall not subtract from the
percentage certified under paragraph (b) any negative amount calculated under
paragraph (c).� The sum of these
percentages must be carried to five decimal places and must be certified to
each participating public pension fund or plan as the full postretirement
adjustment percentage.� The full
postretirement adjustment percentage certified to each participating public
pension plan or fund must not exceed five percent.� For the Minneapolis Employees Retirement
Fund, no maximum percentage adjustment is applicable.
(e)
A retirement annuity payable in the event of retirement before becoming
eligible for Social Security benefits as provided in section 352.116, subdivision
3; 353.29, subdivision 6; or 354.35 must be treated as the sum of a period
certain retirement annuity and a life retirement annuity for the purposes of
any postretirement adjustment.� The
period certain retirement annuity plus the life retirement annuity must be the
annuity amount payable until age 62 or 65, whichever applies.� A postretirement adjustment granted on the
period certain retirement annuity must terminate when the period certain
retirement annuity terminates.
Sec. 2.� EFFECTIVE DATE.�
Section 1 is effective July 1, 2010.
ARTICLE 2
DEFERRED ANNUITY AUGMENTATION RATE CHANGE
Section 1.� Minnesota
Statutes 2004, section 352.116, subdivision 1a, is amended to read:
Subd. 1a.� Actuarial reduction for early retirement.� This subdivision applies to a person who has
become at least 55 years old and first became a covered employee after June 30,
1989, and to any other covered employee who has become at least 55 years old
and whose annuity is higher when calculated under section 352.115, subdivision
3, paragraph (b), in conjunction with this subdivision than when calculated
under section 352.115, subdivision 3, paragraph (a), in conjunction with
subdivision 1.� A covered employee who
retires before the normal retirement age shall be paid the normal retirement
annuity provided in section 352.115, subdivisions 2 and 3, paragraph (b),
reduced so that the reduced annuity is the actuarial equivalent of the annuity
that would be payable to the employee if the employee deferred receipt of the
annuity and the annuity amount were augmented at an annual rate of three
percent compounded annually from the day the annuity begins to accrue until the
normal retirement age if the employee became an employee before July 1,
2006, and at an annual rate of 2.5 percent compounded annually from the day the
annuity begins to accrue until the normal retirement age if the employee
initially becomes an employee after June 30, 2006.
Sec. 2.� Minnesota
Statutes 2004, section 352.72, subdivision 2, is amended to read:
Subd. 2.� Computation of deferred annuity.� (a) The deferred annuity, if any, accruing
under subdivision 1, or section 352.22, subdivision 3, must be computed as
provided in section 352.22, subdivision 3, on the basis of allowable service
before termination of state service and augmented as provided herein.� The required reserves applicable to a
deferred annuity or to an annuity for which a former employee was eligible but
had not applied or to any deferred segment of an annuity must be determined as
of the date the benefit begins to accrue and augmented by interest compounded
annually from the first day of the month following the month in which the
employee ceased to be a state employee, or July 1, 1971, whichever is later, to
the first day of the month in which the annuity begins to accrue.� The rates of interest used for this purpose
must be five percent compounded annually until January 1, 1981, and three
percent compounded annually thereafter until January 1 of the year following
the year in which the former employee attains age 55., and from
that date to the effective date of retirement, the rate is five percent
compounded annually if the employee became an employee before July 1, 2006,
and at 2.5 percent compounded annually if the employee becomes an employee
after June 30, 2006.� If a person has
more than one period of uninterrupted service, the required reserves related to
each period must be augmented by interest under this subdivision.� The sum of the augmented required reserves so
determined is the present value of the annuity. "Uninterrupted
service" for the purpose of this subdivision means periods of covered
employment during which the employee has not been separated from state service
for more than two years.� If a person
repays a refund, the service restored by the repayment must be considered
continuous with the next period of service for which the employee has credit
with this system.� The formula
percentages used for each period of uninterrupted service must be those
applicable to a new employee. �The
mortality table and interest assumption used to compute the annuity must be
those in effect when the employee files application for annuity.� This section does not reduce the annuity
otherwise payable under this chapter.
(b)
The retirement annuity or disability benefit of, or the survivor benefit
payable on behalf of, a former state employee who terminated service before
July 1, 1997, which is not first payable until after June 30, 1997, must be
increased on an actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section 356.215,
subdivision 8, from five percent to six percent under a calculation procedure
and the tables adopted by the board and approved by the actuary retained by the
Legislative Commission on Pensions and Retirement.
Sec. 3.� Minnesota
Statutes 2004, section 352B.30, subdivision 2, is amended to read:
Subd. 2.� Computation of deferred annuity.� Deferred annuities must be computed according
to this chapter on the basis of allowable service before termination of service
and augmented as provided in this chapter.�
The required reserves applicable to a deferred annuity must be augmented
by interest compounded annually from the first day of the month following the
month in which the member terminated service, or July 1, 1971, whichever is
later, to the first day of the month in which the annuity begins to
accrue.� The rates of interest used for
this purpose shall be five percent per year compounded annually until January
1, 1981, and after that date three percent per year compounded annually if
the employee became an employee before July 1, 2006, and at 2.5 percent
compounded annually if the employee becomes an employee after June 30, 2006.� The mortality table and interest assumption
used to compute the annuity shall be those in effect when the member files
application for annuity.
Sec. 4.� Minnesota
Statutes 2004, section 353.30, subdivision 5, is amended to read:
Subd. 5.� Actuarial reduction for early retirement.� This subdivision applies to a member who has
become at least 55 years old and first became a public employee after June 30,
1989, and to any other member who has become at least 55 years old and whose
annuity is higher when calculated under section 353.29, subdivision 3,
paragraph (b), in conjunction with this subdivision than when calculated under
section 353.29, subdivision 3, paragraph (a), in conjunction with subdivision
1, 1a, 1b, or 1c.� An employee who
retires before normal retirement age shall be paid the retirement annuity
provided in section 353.29, subdivision 3, paragraph (b), reduced so that the
reduced annuity is the actuarial equivalent of the annuity that would be
payable to the employee if the employee deferred receipt of the annuity and the
annuity amount were augmented at an annual rate of three percent compounded
annually from the day the annuity begins to accrue until the normal retirement
age if the employee became an employee before July 1, 2006, and at 2.5
percent compounded annually from the day the annuity begins to accrue until the
normal retirement age if the employee initially becomes an employee after June
30, 2006.
Sec. 5.� Minnesota
Statutes 2004, section 353.71, subdivision 2, is amended to read:
Subd. 2.� Deferred annuity computation; augmentation.� (a) The deferred annuity accruing under
subdivision 1, or under sections 353.34, subdivision 3, and 353.68, subdivision
4, must be computed on the basis of allowable service prior to the termination
of public service and augmented as provided in this paragraph.� The required reserves applicable to a
deferred annuity, or to any deferred segment of an annuity must be determined
as of the first day of the month following the month in which the former member
ceased to be a public employee, or July 1, 1971, whichever is later.� These required reserves must be augmented at
the rate of five percent annually compounded annually until January 1, 1981,
and at the rate of three percent thereafter until January 1 of the year
following the year in which the former member attains age 55 This
section must not reduce the annuity otherwise payable under this chapter.� This paragraph applies to individuals who
become deferred annuitants on or after July 1, 1971.� For a member who became a deferred annuitant
before July 1, 1971, the paragraph applies from July 1, 1971, if the former
active member applies for an annuity after July 1, 1973. . and
from that date to the effective date of retirement, the rate is five percent
compounded annually if the employee became an employee before July 1, 2006,
and at 2.5 percent compounded annually if the employee becomes an employee
after June 30, 2006.� If a person has
more than one period of uninterrupted service, the required reserves related to
each period must be augmented as specified in this paragraph.� The sum of the augmented required reserves is
the present value of the annuity.�
Uninterrupted service for the purpose of this subdivision means periods
of covered employment during which the employee has not been separated from
public service for more than two years.�
If a person repays a refund, the restored service must be considered as
continuous with the next period of service for which the employee has credit
with this association.�
(b) The retirement annuity
or disability benefit of, or the survivor benefit payable on behalf of, a
former member who terminated service before July 1, 1997, or the survivor
benefit payable on behalf of a basic or police and fire member who was
receiving disability benefits before July 1, 1997, which is first payable after
June 30, 1997, must be increased on an actuarial equivalent basis to reflect
the change in the postretirement interest rate actuarial assumption under
section 356.215, subdivision 8, from five percent to six percent under a
calculation procedure and tables adopted by the board and approved by the
actuary retained by the Legislative Commission on Pensions and Retirement.
Sec. 6.� Minnesota Statutes 2005 Supplement, section
354.44, subdivision 6, is amended to read:
Subd. 6.� Computation
of formula program retirement annuity.�
(a) The formula retirement annuity must be computed in accordance with
the applicable provisions of the formulas stated in paragraph (b) or (d) on the
basis of each member's average salary under section 354.05, subdivision 13a,
for the period of the member's formula service credit.
(b) This paragraph, in
conjunction with paragraph (c), applies to a person who first became a member
of the association or a member of a pension fund listed in section 356.30,
subdivision 3, before July 1, 1989, unless paragraph (d), in conjunction with
paragraph (e), produces a higher annuity amount, in which case paragraph (d)
applies.� The average salary as defined
in section 354.05, subdivision 13a, multiplied by the following percentages per
year of formula service credit shall determine the amount of the annuity to
which the member qualifying therefor is entitled:
|
|
|
Coordinated Member |
|
Basic Member |
|
Each year of service during first ten |
|
the percent specified in section 356.315,
subdivision 1, per year |
|
the percent specified in section 356.315,
subdivision 3, per year |
|
Each year of service thereafter |
|
the percent specified in section 356.315,
subdivision 2, per year |
|
the percent specified in section 356.315, subdivision
4, per year |
(c) (i) This paragraph
applies only to a person who first became a member of the association or a
member of a pension fund listed in section 356.30, subdivision 3, before July
1, 1989, and whose annuity is higher when calculated under paragraph (b), in
conjunction with this paragraph than when calculated under paragraph (d), in
conjunction with paragraph (e).
(ii) Where any member
retires prior to normal retirement age under a formula annuity, the member
shall be paid a retirement annuity in an amount equal to the normal annuity
provided in paragraph (b) reduced by one-quarter of one percent for each month
that the member is under normal retirement age at the time of retirement except
that for any member who has 30 or more years of allowable service credit, the
reduction shall be applied only for each month that the member is under age 62.
(iii) Any member whose
attained age plus credited allowable service totals 90 years is entitled, upon
application, to a retirement annuity in an amount equal to the normal annuity
provided in paragraph (b), without any reduction by reason of early retirement.
(d)
This paragraph applies to a member who has become at least 55 years old and
first became a member of the association after June 30, 1989, and to any other
member who has become at least 55 years old and whose annuity amount when
calculated under this paragraph and in conjunction with paragraph (e), is
higher than it is when calculated under paragraph (b), in conjunction with
paragraph (c).� The average salary, as
defined in section 354.05, subdivision 13a, multiplied by the percent specified
by section 356.315, subdivision 4, for each year of service for a basic member
and by the percent specified in section 356.315, subdivision 2, for each year
of service for a coordinated member shall determine the amount of the
retirement annuity to which the member is entitled.
(e) This paragraph applies to a person who has become at least
55 years old and first becomes a member of the association after June 30, 1989,
and to any other member who has become at least 55 years old and whose annuity
is higher when calculated under paragraph (d) in conjunction with this
paragraph than when calculated under paragraph (b), in conjunction with
paragraph (c).� An employee who retires
under the formula annuity before the normal retirement age shall be paid the
normal annuity provided in paragraph (d) reduced so that the reduced annuity is
the actuarial equivalent of the annuity that would be payable to the employee if
the employee deferred receipt of the annuity and the annuity amount were
augmented at an annual rate of three percent compounded annually from the day
the annuity begins to accrue until the normal retirement age if the employee
became an employee before July 1, 2006, and at 2.5 percent compounded annually
if the employee becomes an employee after June 30, 2006.
(f) No retirement annuity is payable to a former employee with
a salary that exceeds 95 percent of the governor's salary unless and until the
salary figures used in computing the highest five successive years average
salary under paragraph (a) have been audited by the Teachers Retirement
Association and determined by the executive director to comply with the
requirements and limitations of section 354.05, subdivisions 35 and 35a.
Sec. 7.� Minnesota
Statutes 2004, section 354.55, subdivision 11, is amended to read:
Subd. 11.� Deferred annuity; augmentation.� (a) Any person covered under section 354.44,
subdivision 6, who ceases to render teaching service, may leave the person's
accumulated deductions in the fund for the purpose of receiving a deferred
annuity at retirement.� Eligibility for
an annuity under this subdivision is governed pursuant to section 354.44,
subdivision 1, or 354.60.
(b) The amount of the deferred retirement annuity is
determined by section 354.44, subdivision 6, and augmented as provided in this
subdivision.� The required reserves
related to that portion of the annuity which had accrued when the member ceased
to render teaching service must be augmented by interest compounded annually
from the first day of the month following the month during which the member
ceased to render teaching service to the effective date of retirement.� There shall be no augmentation if this period
is less than three months or if this period commences prior to July 1,
1971.� The rates of interest used for
this purpose must be five percent compounded annually commencing July 1, 1971,
until January 1, 1981, and three percent compounded annually thereafter until
January 1 of the year following the year in which the former member attains age
55. and from that date to the effective date of retirement, the
rate is five percent compounded annually if the employee became an employee
before July 1, 2006, and at 2.5 percent compounded annually if the employee
becomes an employee after June 30, 2006.�
If a person has more than one period of uninterrupted service, a
separate average salary determined under section 354.44, subdivision 6, must be
used for each period and the required reserves related to each period must be
augmented by interest pursuant to this subdivision.� The sum of the augmented required reserves so
determined shall be the basis for purchasing the deferred annuity.� If a person repays a refund, the service
restored by the repayment must be considered as continuous with the next period
of service for which the person has credit with this fund.� If a person does not render teaching service
in any one fiscal year or more consecutive fiscal years and then resumes
teaching service, the formula percentages used from the date of the resumption
of teaching service must be those applicable to new members.� The mortality table and interest assumption
used to compute the annuity must be the applicable mortality table established
by the board under section 354.07, subdivision 1, and the interest rate
assumption under section 356.215 in effect when the member retires.� A period of uninterrupted service for the
purposes of this subdivision means a period of covered teaching service during
which the member has not been separated from active service for more than one
fiscal year.
(c)
In no case shall the annuity payable under this subdivision be less than the
amount of annuity payable pursuant to section 354.44, subdivision 6.
(d) The requirements and provisions for retirement before
normal retirement age contained in section 354.44, subdivision 6, clause (3) or
(5), shall also apply to an employee fulfilling the requirements with a
combination of service as provided in section 354.60.
(e) The augmentation provided by this
subdivision applies to the benefit provided in section 354.46, subdivision 2.
(f) The augmentation provided by this subdivision shall not
apply to any period in which a person is on an approved leave of absence from
an employer unit covered by the provisions of this chapter.
(g) The retirement annuity or disability benefit of, or the
survivor benefit payable on behalf of, a former teacher who terminated service
before July 1, 1997, which is not first payable until after June 30, 1997, must
be increased on an actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section 356.215,
subdivision 8, from five percent to six percent under a calculation procedure
and tables adopted by the board as recommended by an approved actuary and
approved by the actuary retained by the Legislative Commission on Pensions and
Retirement.
Sec. 8.� Minnesota
Statutes 2004, section 354A.31, subdivision 7, is amended to read:
Subd. 7.� Actuarial reduction for early retirement.� This subdivision applies to a person who has
become at least 55 years old and first becomes a coordinated member after June
30, 1989, and to any other coordinated member who has become at least 55 years
old and whose annuity is higher when calculated using the retirement annuity
formula percentage in subdivision 4, paragraph (d), and subdivision 4a,
paragraph (d), in conjunction with this subdivision than when calculated under
subdivision 4, paragraph (c), or subdivision 4a, paragraph (c), in conjunction
with subdivision 6.� A coordinated member
who retires before the full benefit age shall be paid the retirement annuity
calculated using the retirement annuity formula percentage in subdivision 4,
paragraph (d), or subdivision 4a, paragraph (d), reduced so that the reduced
annuity is the actuarial equivalent of the annuity that would be payable to the
member if the member deferred receipt of the annuity and the annuity amount
were augmented at an annual rate of three percent compounded annually from the
day the annuity begins to accrue until the normal retirement age if the
employee became an employee before July 1, 2006, and at 2.5 percent compounded
annually from the day the annuity begins to accrue until the normal retirement
age if the person initially becomes a teacher after June 30, 2006.
Sec. 9.� Minnesota
Statutes 2004, section 354A.37, subdivision 2, is amended to read:
Subd. 2.� Eligibility for deferred retirement
annuity.� Any coordinated member who
ceases to render teaching services for the school district in which the
teachers retirement fund association is located, with sufficient allowable
service credit to meet the minimum service requirements specified in section
354A.31, subdivision 1, shall be entitled to a deferred retirement annuity in
lieu of a refund pursuant to subdivision 1.�
The deferred retirement annuity shall be computed pursuant to section
354A.31 and shall be augmented as provided in this subdivision.� The deferred annuity shall commence upon
application after the person on deferred status attains at least the minimum
age specified in section 354A.31, subdivision 1.
The monthly annuity amount that had accrued when the member
ceased to render teaching service must be augmented from the first day of the
month following the month during which the member ceased to render teaching
service to the effective date of retirement.�
There is no augmentation if this period is less than three months.� The rate of augmentation is three percent
compounded annually until January 1 of the year following the year in which the
former member attains age 55, and five percent compounded annually after that
date to the effective date of retirement if the employee became an employee
before July 1, 2006, and at 2.5 percent compounded annually if the employee
becomes an employee after June 30, 2006
The augmentation provided by this subdivision applies to the
benefit provided in section 354A.35, subdivision 2.� The augmentation provided by this subdivision
does not apply to any period in which a person is on an approved leave of
absence from an employer unit.
Sec. 10.� Minnesota
Statutes 2004, section 356.30, subdivision 1, is amended to read:
Subdivision 1.� Eligibility; computation of annuity.� (a) Notwithstanding any provisions of the
laws governing the retirement plans enumerated in subdivision 3, a person who
has met the qualifications of paragraph (b) may elect to receive a retirement
annuity from each enumerated retirement plan in which the person has at least
one-half year of allowable service, based on the allowable service in each
plan, subject to the provisions of paragraph (c).
(b) A person may receive, upon retirement, a retirement
annuity from each enumerated retirement plan in which the person has at least
one-half year of allowable service, and augmentation of a deferred annuity
calculated at the appropriate rate under the laws governing each public
pension plan or fund named in subdivision 3, based on the date of the
person's initial entry into public employment from the date the person
terminated all public service if:
(1) the person has allowable service totaling an amount that
allows the person to receive an annuity in any two or more of the enumerated
plans; and
(2) the person has not begun to receive an annuity from any
enumerated plan or the person has made application for benefits from each
applicable plan and the effective dates of the retirement annuity with each
plan under which the person chooses to receive an annuity are within a one-year
period.
(c) The retirement annuity from each plan must be based upon
the allowable service, accrual rates, and average salary in the applicable plan
except as further specified or modified in the following clauses:
(1) the laws governing annuities must be the law in effect on
the date of termination from the last period of public service under a covered
retirement plan with which the person earned a minimum of one-half year of
allowable service credit during that employment;
(2) the "average salary" on which the annuity from
each covered plan in which the employee has credit in a formula plan must be
based on the employee's highest five successive years of covered salary during
the entire service in covered plans;
(3) the accrual rates to be used by each plan must be those
percentages prescribed by each plan's formula as continued for the respective
years of allowable service from one plan to the next, recognizing all previous
allowable service with the other covered plans;
(4)
the allowable service in all the plans must be combined in determining
eligibility for and the application of each plan's provisions in respect to
reduction in the annuity amount for retirement prior to normal retirement age;
and
(5) the annuity amount payable for any allowable service under
a nonformula plan of a covered plan must not be affected, but such service and
covered salary must be used in the above calculation.
(d) This section does not apply to any person whose final
termination from the last public service under a covered plan was before May 1,
1975.
(e) For the purpose of computing annuities under this section,
the accrual rates used by any covered plan, except the public employees police
and fire plan, the judges' retirement fund, and the State Patrol retirement
plan, must not exceed the percent specified in section 356.315, subdivision 4,
per year of service for any year of service or fraction thereof.� The formula percentage used by the judges'
retirement fund must not exceed the percentage rate specified in section
356.315, subdivision 8, per year of service for any year of service or fraction
thereof.� The accrual rate used by the
public employees police and fire plan and the State Patrol retirement plan must
not exceed the percentage rate specified in section 356.315, subdivision 6, per
year of service for any year of service or fraction thereof.� The accrual rate or rates used by the
legislators retirement plan and the elective state officers retirement plan
must not exceed 2.5 percent, but this limit does not apply to the adjustment
provided under section 3A.02, subdivision 1, paragraph (c), or 352C.031,
paragraph (b).
(f) Any period of time for which a person has credit in more
than one of the covered plans must be used only once for the purpose of
determining total allowable service.
(g) If the period of duplicated service credit is more than
one-half year, or the person has credit for more than one-half year, with each
of the plans, each plan must apply its formula to a prorated service credit for
the period of duplicated service based on a fraction of the salary on which
deductions were paid to that fund for the period divided by the total salary on
which deductions were paid to all plans for the period.
(h) If the period of duplicated service credit is less than
one-half year, or when added to other service credit with that plan is less
than one-half year, the service credit must be ignored and a refund of
contributions made to the person in accord with that plan's refund provisions.
Sec. 11.� EFFECTIVE DATE.�
Sections 1 to 10 are effective July 1, 2006.
ARTICLE 3
TEACHERS RETIREMENT ASSOCIATION
COVERAGE AND BENEFIT RESTRUCTURING"
����� Amend the title as follows:
����� Page 1, line 3, after the semicolon,
insert "modifying the postretirement adjustment amount calculation;"
����� Correct the title numbers accordingly
����� With the recommendation that when so
amended the bill pass and be re-referred to the Committee on State Government
Finance.
����� The report was adopted.
Bradley
from the Committee on Health Policy and Finance to which was referred:
H. F. No. 2854, A bill for an act relating to health;
providing an exception to hospital restricted construction or modification;
amending Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Seifert from the Committee on State Government Finance to
which was referred:
H. F. No. 2872, A bill for an act relating to state
government; defining political subdivision for the purposes of the chapter governing
the state auditor; applying provisions for the state auditor to all political
subdivisions; amending Minnesota Statutes 2004, sections 6.47; 6.51; 6.54;
6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63; 6.64; 6.65; 6.66;
6.67; 6.68; 6.70; 6.71; 6.76; 103D.355; proposing coding for new law in
Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2004, section 6.56,
subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 2890, A bill for an act relating to the legislature;
proposing an amendment to the Minnesota Constitution, article IV, section 4;
providing staggered terms of office for senators and staggered four-year terms
of office for representatives; reducing the size of the legislature; amending
Minnesota Statutes 2004, sections 2.021; 2.031, subdivision 1.
Reported the same back with the following amendments:
Page 1, delete lines 8 and 9
Page 1, line 18, delete ", half the representatives
from odd-numbered districts chosen"
Page 1, line 19, delete "in a manner provided by law,
and half the" and insert "and"
Page 1, line 20, delete "chosen in a manner provided
by law"
Page 2, delete Article 2
Delete the title and insert:
"A bill for an act relating to the legislature; proposing
an amendment to the Minnesota Constitution, article IV, section 4; providing
staggered terms of office for senators and staggered four-year terms of office
for representatives."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Civil Law and Elections.
����� The report was adopted.
Bradley
from the Committee on Health Policy and Finance to which was referred:
H. F. No. 2935, A bill for an act relating to human services;
providing for a contingent reduction in the MinnesotaCare provider tax;
amending Minnesota Statutes 2004, section 295.52, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
����� The report was adopted.
Olson from the Committee on Local Government to which was
referred:
H. F. No. 2965, A bill for an act relating to local
government; limiting local government requirements for use of certain
nonconforming lots; amending Minnesota Statutes 2004, section 394.36, by adding
a subdivision; Minnesota Statutes 2005 Supplement, section 462.357, subdivision
1e.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2004, section 394.36, is amended by adding a
subdivision to read:
Subd. 4.� Ownership of lot or parcel not relevant.� A county shall not refuse to issue a permit
or other approval for use, development, sale, or other disposition of a lot or
parcel of land based upon the ownership of the lot or parcel.� A conforming lot or parcel of land shall
retain its conforming status regardless of the identity of the owner or the
owner's title to an adjoining lot or parcel of land.
Sec. 2.� Minnesota
Statutes 2005 Supplement, section 462.357, subdivision 1e, is amended to read:
Subd. 1e.� Nonconformities.� (a) Any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of
an additional control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or
(2) any nonconforming use is destroyed by fire or other peril
to the extent of greater than 50 percent of its market value, and no building
permit has been applied for within 180 days of when the property is
damaged.� In this case, a municipality
may impose reasonable conditions upon a building permit in order to mitigate
any newly created impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy.�
A municipality may, by ordinance, permit an expansion or impose upon
nonconformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety.�
This subdivision does not prohibit a municipality from enforcing an
ordinance that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or expansion of
nonconforming uses and structures in floodplain areas to the extent necessary
to maintain eligibility in the National Flood Insurance Program and not
increase flood damage potential or increase the degree of obstruction to flood
flows in the floodway.
(d)
A municipality shall not refuse to issue a permit or other approval for use,
development, sale, or other disposition of a lot or parcel of land based upon
the ownership of the lot or parcel of land.�
A conforming lot or parcel of land shall retain its conforming status
regardless of the identity of the owner or the owner's title to an adjoining
lot or parcel of land.
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Environment and Natural Resources.
����� The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 3001, A bill for an act relating to economic
development; amending definitions; clarifying commissioner's discretion;
directing funds to the contamination cleanup grant program; amending Minnesota
Statutes 2004, sections 116J.552, subdivision 7; 270.97; Minnesota Statutes
2005 Supplement, sections 116J.572, subdivision 3; 116J.575, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2004, section 116J.552, subdivision 7, is amended to
read:
Subd. 7.� Project costs.� "Project costs" includes cleanup
costs for the site and the cost of related site acquisition, demolition
of existing improvements, and installation of public improvements necessary for
the development authority to implement the response action plan.
Sec. 2.� Minnesota
Statutes 2005 Supplement, section 116J.572, subdivision 3, is amended to read:
Subd. 3.� Redevelopment costs or costs.� "Redevelopment costs" or
"costs" means the costs of land acquisition, stabilizing
unstable soils when infill is required, demolition, infrastructure
improvements, and ponding or other environmental infrastructure and costs
necessary for adaptive reuse of buildings, including remedial activities.
Sec. 3.� Minnesota
Statutes 2005 Supplement, section 116J.575, subdivision 1, is amended to read:
Subdivision 1.� Commissioner discretion.� The commissioner may make a grant for up to
50 percent of the eligible costs of a project.�
The commissioner shall, in each grant cycle, make grants so that 50
percent of the dollar value of grants for that cycle are for projects located
outside of the metropolitan area and 50 percent are for projects located within
the metropolitan area.� This allocation
of funds does not apply for any grant cycle in which the applications received
by the application deadline are insufficient to permit the equal division of
grants between metropolitan and nonmetropolitan projects.� The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this
section and sections 116J.571 to 116J.574 and available unencumbered money in
the redevelopment account.� Notwithstanding
section 116J.573, if the commissioner determines that the applications for
grants for projects in greater Minnesota are less than the amount of grant
funds available, the commissioner may make grants for projects anywhere in
Minnesota.� The commissioner's
decisions and application of the priorities under this section are not subject
to judicial review, except for abuse of discretion.
Sec.
4.� Minnesota Statutes 2005 Supplement,
section 469.1763, subdivision 2, is amended to read:
Subd. 2.� Expenditures outside district.� (a) For each tax increment financing
district, an amount equal to at least 75 percent of the total revenue derived
from tax increments paid by properties in the district must be expended on
activities in the district or to pay bonds, to the extent that the proceeds of
the bonds were used to finance activities in the district or to pay, or secure
payment of, debt service on credit enhanced bonds.� For districts, other than redevelopment
districts for which the request for certification was made after June 30, 1995,
the in-district percentage for purposes of the preceding sentence is 80
percent.� Not more than 25 percent of the
total revenue derived from tax increments paid by properties in the district
may be expended, through a development fund or otherwise, on activities outside
of the district but within the defined geographic area of the project except to
pay, or secure payment of, debt service on credit enhanced bonds.� For districts, other than redevelopment
districts for which the request for certification was made after June 30, 1995,
the pooling percentage for purposes of the preceding sentence is 20
percent.� The revenue derived from tax
increments for the district that are expended on costs under section 469.176,
subdivision 4h, paragraph (b), may be deducted first before calculating the
percentages that must be expended within and without the district.
(b) In the case of a housing district, a housing project, as
defined in section 469.174, subdivision 11, is an activity in the district.
(c) All administrative expenses are for activities outside of
the district, except that if the only expenses for activities outside of the
district under this subdivision are for the purposes described in paragraph
(d), administrative expenses will be considered as expenditures for activities
in the district.
(d) The authority may elect, in the tax increment financing
plan for the district, to increase by up to ten percentage points the permitted
amount of expenditures for activities located outside the geographic area of
the district under paragraph (a).� As
permitted by section 469.176, subdivision 4k, the expenditures, including the
permitted expenditures under paragraph (a), need not be made within the
geographic area of the project.�
Expenditures that meet the requirements of this paragraph are legally
permitted expenditures of the district, notwithstanding section 469.176,
subdivisions 4b, 4c, and 4j.� To qualify
for the increase under this paragraph, the expenditures must:
(1) be used exclusively to assist housing that meets the
requirement for a qualified low-income building, as that term is used in
section 42 of the Internal Revenue Code;
(2) not exceed the qualified basis of the housing, as defined
under section 42(c) of the Internal Revenue Code, less the amount of any credit
allowed under section 42 of the Internal Revenue Code; and
(3) be used to:
(i) acquire and prepare the site of the housing;
(ii) acquire, construct, or rehabilitate the housing; or
(iii) make public improvements directly related to the
housing.
(e) For a district created within a biotechnology and health
sciences industry zone as defined in section 469.330, subdivision 6, or for
an existing district located within such a zone, tax increment derived from
such a district may be expended outside of the district but within the zone
only for expenditures required for the construction of public infrastructure
necessary to support the activities of the zone.� Public infrastructure expenditures are
considered as expenditures for activities within the district.
Sec.
5.� Minnesota Statutes 2004, section
469.1763, subdivision 3, is amended to read:
Subd. 3.� Five-year rule.� (a) Revenues derived from tax increments are
considered to have been expended on an activity within the district under
subdivision 2 only if one of the following occurs:
(1) before or within five years after certification of the
district, the revenues are actually paid to a third party with respect to the
activity;
(2) bonds, the proceeds of which must be used to finance the
activity, are issued and sold to a third party before or within five years
after certification, the revenues are spent to repay the bonds, and the
proceeds of the bonds either are, on the date of issuance, reasonably expected
to be spent before the end of the later of (i) the five-year period, or (ii) a
reasonable temporary period within the meaning of the use of that term under
section 148(c)(1) of the Internal Revenue Code, or are deposited in a
reasonably required reserve or replacement fund;
(3) binding contracts with a third party are entered into for
performance of the activity before or within five years after certification of
the district and the revenues are spent under the contractual obligation;
(4) costs with respect to the activity are paid before or
within five years after certification of the district and the revenues are
spent to reimburse a party for payment of the costs, including interest on
unreimbursed costs; or
(5) expenditures are made for housing purposes as permitted
by subdivision 2, paragraph (b), or for public infrastructure purposes
within a zone as permitted by subdivision 2, paragraph (e).
(b) For purposes of this subdivision, bonds include
subsequent refunding bonds if the original refunded bonds meet the requirements
of paragraph (a), clause (2).
Sec. 6.� Minnesota
Statutes 2004, section 469.1763, subdivision 4, is amended to read:
Subd. 4.� Use of revenues for decertification.� (a) In each year beginning with the sixth
year following certification of the district, if the applicable in-district
percent of the revenues derived from tax increments paid by properties in the
district exceeds the amount of expenditures that have been made for costs
permitted under subdivision 3, an amount equal to the difference between the
in-district percent of the revenues derived from tax increments paid by
properties in the district and the amount of expenditures that have been made
for costs permitted under subdivision 3 must be used and only used to pay or
defease the following or be set aside to pay the following:
(1) outstanding bonds, as defined in subdivision 3,
paragraphs (a), clause (2), and (b);
(2) contracts, as defined in subdivision 3, paragraph (a),
clauses (3) and (4); oder
(3) credit enhanced bonds to which the revenues derived from
tax increments are pledged, but only to the extent that revenues of the
district for which the credit enhanced bonds were issued are insufficient to
pay the bonds and to the extent that the increments from the applicable pooling
percent share for the district are insufficient.; or
(4) the amount provided by the tax increment financing plan
to be paid under subdivision 2, paragraph (e).
(b) When the outstanding bonds have been defeased and when
sufficient money has been set aside to pay contractual obligations as defined
in subdivision 3, paragraph (a), clauses (3) and (4), the district must be
decertified and the pledge of tax increment discharged.
Sec.
7.� Minnesota Statutes 2004, section
473.252, subdivision 3, is amended to read:
Subd. 3.� Distribution of funds.� (a) The council must use the funds in the
account to make grants to municipalities or development authorities for the cleanup
of polluted land in the metropolitan area.�
A grant to a metropolitan county or a development authority must be used
for a project in a participating municipality.�
The council shall prescribe and provide the grant application form to
municipalities.� The council must
consider the probability of funding from other sources when making grants under
this section.
(b)(1) The legislature expects that applications for grants
will exceed the available funds and the council will be able to provide grants
to only some of the applicant municipalities.�
If applications for grants for qualified sites exceed the available
funds, the council shall make grants that provide the highest return in public
benefits for the public costs incurred, that encourage development that will
lead to the preservation or growth of living-wage jobs or the production of
affordable housing, and that enhance the tax base of the recipient
municipality.� For purposes of ranking
applications, equal weight shall be given to preservation or growth of
living-wage jobs and to the production of affordable housing.
For purposes of this section, affordable housing includes
both:
(i) affordable rental housing for persons or families whose
income, at the time of initial occupancy, does not exceed 60 percent of median
income as determined by the United States Department of Housing and Urban
Development for the metropolitan area; and
(ii) affordable ownership housing units for persons or
families whose income, at the time of initial occupancy, does not exceed 80
percent of median income as determined by the United States Department of
Housing and Urban Development for the metropolitan area.
(2) In making grants, the council shall establish regular
application deadlines in which grants will be awarded from the available money
in the account.� If the council provides
for application cycles of less than six-month intervals, the council must
reserve at least 40 percent of the receipts of the account for a year for
application deadlines that occur in the second half of the year.� If the applications for grants exceed the
available funds for an application cycle, no more than one-half of the funds
may be granted to projects in a statutory or home rule charter city and no more
than three-quarters of the funds may be granted to projects located in cities
of the first class.
(c) A municipality may use the grant to provide a portion of
the local match requirement for project costs that qualify for a grant under
sections 116J.551 to 116J.557."
Delete the title and insert:
"A bill for an act relating to economic development;
amending definitions; clarifying commissioner's discretion; directing funds to
the contamination cleanup grant program; clarifying use of tax increment from a
tax increment district located within a biotechnology and health sciences
industry zone; clarifying that the five-year rule and use of revenues for
decertification also apply to those districts; amending Minnesota Statutes
2004, sections 116J.552, subdivision 7; 469.1763, subdivisions 3, 4; 473.252,
subdivision 3; Minnesota Statutes 2005 Supplement, sections 116J.572,
subdivision 3; 116J.575, subdivision 1; 469.1763, subdivision 2."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Taxes.
����� The report was adopted.
Erhardt
from the Committee on Transportation to which was referred:
H. F. No. 3013, A bill for an act relating to motor vehicles;
requiring disclosure of existence of event recording devices in new motor
vehicles; proposing coding for new law in Minnesota Statutes, chapter 169.
Reported the same back with the following amendments:
Page 1, line 21, after "5a" insert ",
except that the lessee of a motor vehicle is deemed to be the registered owner"
Page 1, line 23, delete "2006" and insert
"2007"
Page 2, line 29, delete "4" and insert
"5"
Page 2, line 31, delete "2" and insert
"3"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Transportation Finance.
����� The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 3018, A bill for an act relating to elections;
allowing eligible voters to vote by absentee ballot under certain public health
circumstances; amending Minnesota Statutes 2004, section 203B.02, subdivision
1.
Reported the same back with the following amendments:
Page 1, line 12, delete "public" and insert
"polling"
Page 1, line 14, after "by" insert "the
secretary of state after consultation with" and delete "oder"
and insert "and"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 3045, A bill for an act relating to employment; exempting
nonpublic schools from requirements for the timely payment of wages; amending
Minnesota Statutes 2004, section 181.101.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Erhardt
from the Committee on Transportation to which was referred:
H. F. No. 3050, A bill for an act relating to drivers'
licenses; modifying requirements for operation of motor vehicle by minor holder
of provisional license; amending Minnesota Statutes 2005 Supplement, section
171.055, subdivision 2.
Reported the same back with the following amendments:
Page 2, delete lines 3 to 7
Page 2, line 8, delete "(e)" and insert
"(d)"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 3093, A bill for an act relating to unemployment
insurance; making various policy, housekeeping, and style changes to the
Minnesota Unemployment Insurance Law; incorporating certain administrative
rules into Minnesota Statutes; modifying fraud penalties; amending Minnesota
Statutes 2004, sections 268.001; 268.03, subdivision 2; 268.035, subdivisions
1, 4, 10, 11, 12, 15, 17, 21a, 23, 23a, 24, 29, 30, by adding a subdivision;
268.042, subdivisions 3, 4; 268.044, subdivisions 1a, 4; 268.047, subdivisions
1, 2, 3, 5; 268.051, subdivisions 1a, 2, 3, 5, 8, 9; 268.052, subdivisions 1,
3, 4, 5; 268.0525; 268.053, subdivisions 2, 3; 268.057, subdivisions 1, 2, 3,
4, 5, 6, 10; 268.058; 268.059; 268.0625, subdivisions 4, 5; 268.063; 268.064;
268.065, subdivisions 1, 3; 268.066; 268.067; 268.0675; 268.068; 268.069,
subdivisions 2, 3; 268.07, subdivisions 1, 2, 3a; 268.084; 268.085,
subdivisions 3a, 4, 6, 7, 9, 11, 13, 13a, 13b, 16; 268.086, subdivisions 1, 5,
6, 7, 8, 9; 268.087; 268.095, subdivisions 2, 3, 5, 6, 6a; 268.101, as amended;
268.103, subdivision 1; 268.115; 268.125, subdivisions 3, 4, 5; 268.131,
subdivision 1; 268.135; 268.145, subdivisions 2, 3; 268.155; 268.18, subdivisions
4, 5, 6; 268.182, subdivision 1; 268.186; 268.188; 268.19, subdivisions 1a, 2;
268.192; 268.194, subdivisions 1, 2, 3, 4, 5, 6; 268.196, subdivisions 1, 3;
268.20; 268.21; 268.22; 268.23; Minnesota Statutes 2005 Supplement, sections
268.03, subdivision 1; 268.035, subdivisions 9, 13, 14, 20, 26; 268.042,
subdivision 1; 268.043; 268.0435; 268.044, subdivisions 1, 2, 3; 268.045,
subdivision 1; 268.046; 268.051, subdivisions 1, 4, 4a, 6, 7; 268.052,
subdivision 2; 268.053, subdivision 1; 268.057, subdivision 7; 268.069,
subdivision 1; 268.07, subdivision 3b; 268.085, subdivisions 1, 2, 3, 5, 8, 12,
13c; 268.086, subdivisions 2, 3; 268.095, subdivisions 1, 4, 7, 10, 11;
268.103, subdivision 2; 268.105, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, by
adding a subdivision; 268.145, subdivision 1; 268.18, subdivisions 1, 2, 2b;
268.182, subdivision 2; 268.184, subdivisions 1, 1a; 268.19, subdivision 1;
Laws 2003, First Special Session chapter 3, article 1, section 9; proposing
coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota
Statutes 2004, sections 268.0511; 268.085, subdivision 10; 268.103, subdivision
4; Minnesota Rules, parts 3315.0210; 3315.0220; 3315.0515; 3315.0520;
3315.0525; 3315.0530; 3315.0540; 3315.0550; 3315.0910; 3315.1005; 3315.1315,
subpart 4; 3315.2010; 3315.2810.
Reported the same back with the following amendments:
Page 4, line 24, delete "60" and insert
"600"
Page 21, line 10, delete "20" and insert
"30"
Page
27, delete lines 16 to 19 and insert "applicant's wages paid in covered
employment in another state only if the applicant is combining Minnesota wage
credits with the wages paid in covered employment from another state or states."
Page 27, line 20, delete "(2) the applicant"
and insert "(c) Regardless of section 268.23, only if the United States
Secretary of Labor, after conducting a hearing under Code of Federal
Regulations, title 20, part 601.5(d), holds that paragraph (b) does not conform
to the requirements of federal law, is the commissioner then authorized to pay
unemployment benefits to an applicant who"
Page 27, line 21, delete ", but" and insert
".� This paragraph applies"
Page 27, line 23, delete "(c)" and insert
"(d)"
Page 27, line 28, delete everything after "effective"
and insert "the day following final enactment."
Page 27, delete line 29
Page 33, line 19, strike "on" and insert "during
the payroll period that includes"
Page 47, after line 20, insert:
"(e) The revisor of statutes shall change the term
"electronic mail address" to "electronic mail address or
telephone number" in Minnesota Statutes, section 268.086."
Page 68, line 8, strike "preceding" and insert
"prior"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Holberg from the Committee on Transportation Finance to which
was referred:
H. F. No. 3094, A bill for an act relating to public safety;
appropriating money from the trunk highway fund for automated external
defibrillators for State Patrol vehicles.
Reported the same back with the following amendments:
Page 1, line 6, delete "$785,000" and insert
"$430,000" and delete "trunk highway" and
insert "general"
Amend the title as follows:
Page 1, line 2, delete "trunk highway" and insert
"general"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Public Safety Policy and Finance.
����� The report was adopted.
Nornes
from the Committee on Higher Education Finance to which was referred:
H. F. No. 3169, A bill for an act relating to local
government; prohibiting units of local government from imposing certain fees
related to students at postsecondary institutions; proposing coding for new law
in Minnesota Statutes, chapter 471.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 3183, A bill for an act relating to the
environment; requiring disclosure regarding disposal of fluorescent lamps
containing mercury; amending Minnesota Statutes 2004, section 116.92, by adding
a subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Regulated Industries.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3187, A bill for an act relating to the
legislature; prohibiting per diem payments to members during certain special sessions;
amending Minnesota Statutes 2004, section 3.099, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 22, after "session" insert
"in an odd-numbered year"
Page 1, line 23, delete everything before the period and insert
"the primary bill establishing state tax policy and the primary bill
making appropriations in each of the following areas: higher education; early
childhood through high school education; agriculture and rural development;
environment and natural resources; health and human services; state government
finance; economic development; public safety; and transportation.� A member must not receive per diem living
expenses during a special session that is called in an even-numbered year
because the legislature failed to pass a bill making appropriations for capital
investment during the regular session that year"
With the recommendation that when so amended the bill be
re-referred to the Committee on State Government Finance without further
recommendation.
����� The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 3200, A bill for an act relating to natural
resources; modifying contractual and grant agreement provisions; excepting the
electronic licensing system commission from certain standing appropriations;
modifying invasive species provisions; modifying certain state trail
descriptions; modifying certain definitions; modifying water
use surcharge provisions; modifying water aeration safety provisions; amending
Minnesota Statutes 2004, sections 84.026; 84.0911, as amended; 84D.01,
subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2; 85.015, subdivisions 7, 8,
11; 97A.015, subdivision 18; 103G.611, by adding a subdivision; Minnesota
Statutes 2005 Supplement, sections 84.8205, subdivision 1; 85.015, subdivision
5; 88.17, subdivision 5; 103G.271, subdivision 6; repealing Minnesota Statutes
2004, section 103G.611, subdivision 6.
Reported the same back with the following amendments:
Page 2, line 9, before "is" insert "First
Special Session chapter 1, article 2, section 17,"
Page 2, delete section 3 and insert:
"Sec. 3.�
Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is
amended to read:
Subdivision 1.� Sticker required; fee.� A person may not operate a snowmobile on a
state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker
is affixed to the snowmobile.� The
commissioner of natural resources shall issue a sticker upon application and
payment of a $15 the fee.�
The fee for an annual snowmobile state trail sticker is $15, and the
fee for a three-year snowmobile state trail sticker that is purchased at
the time of snowmobile registration is $30.�
In addition to other penalties prescribed by law, a person in violation
of this subdivision must purchase an annual state trail sticker for a fee of
$30.� The sticker is valid from November
1 through April 30.� Fees collected under
this section, except for the issuing fee for licensing agents under this
section and for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, shall be deposited in the
state treasury and credited to the snowmobile trails and enforcement account in
the natural resources fund and must be used for grants-in-aid, trail
maintenance, grooming, and easement acquisition.
Sec. 4.� Minnesota
Statutes 2004, section 84.8205, is amended by adding a subdivision to read:
Subd. 1a.� Exemptions.� A snowmobile state trail sticker is not
required under this section for:
(1) a snowmobile owned by the state or political subdivisions
under section 84.82, subdivision 5;
(2) a snowmobile owned and used by the United States, another
state, or a political subdivision thereof under section 84.82, subdivision 6;
(3) a collector snowmobile under section 84.82, subdivision
7a; or
(4) a snowmobile being operated by a person on land that is
owned by the person or the person's immediate family.
Sec. 5.� Minnesota
Statutes 2004, section 84.8205, subdivision 2, is amended to read:
Subd. 2.� Placement of sticker.� The state trail sticker shall be permanently
affixed:
(1) to the forward half of the snowmobile directly above
or below the headlight of the snowmobile;
(2) above the expiration year on the top portion of the
snowmobile registration validation decal; or
(3) to the lower right corner of a registration plate issued
to a dealer or manufacturer under section 84.82, subdivision 3."
Page
5, after line 26, insert:
"Sec. 15.�
Minnesota Statutes 2004, section 85.015, is amended by adding a
subdivision to read:
Subd. 25.� Great River Ridge Trail, Wabasha and
Olmsted Counties.� The trail
shall originate in the city of Plainview in Wabasha County and extend
southwesterly through the city of Elgin in Wabasha County and the town of Viola
in Olmsted County to the Chester Woods Trail in Olmsted County."
Page 8, after line 17, insert:
"Sec. 20.� AGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.�
The commissioner of natural resources shall enter an
agreement with the Wabasha County Regional Rail Authority to maintain and
develop the Great River Ridge Trail as a state trail."
Page 8, after line 19, insert:
"Sec. 22.� EFFECTIVE DATE.�
Sections 15 and 20 are effective the day after the governing
body of the Wabasha County Regional Rail Authority and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, after the first semicolon, insert
"modifying snowmobile state trail sticker requirements; designating a
state trail;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Agriculture, Environment and Natural
Resources Finance.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3203, A bill for an act relating to transportation;
providing for permanent county state-aid highway fund screening board;
providing for age of driver transporting hazardous materials under federal
materials-of-trade regulation; repealing provision requiring distribution of
rules by mail; amending Minnesota Statutes 2004, sections 162.07, subdivision
5; 221.033, by adding a subdivision; repealing Minnesota Statutes 2004, section
360.015, subdivision 16.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Westrom
from the Committee on Regulated Industries to which was referred:
H. F. No. 3215, A bill for an act relating to State Lottery;
authorizing the director of the State Lottery to establish video lottery
terminals; providing duties and powers to the director of the State Lottery;
providing for the use of video lottery revenues; modifying certain lawful
gambling taxes; making clarifying, conforming, and technical changes; amending
Minnesota Statutes 2004, sections 297A.94; 297E.02, subdivision 1; 299L.02,
subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349A.01,
subdivisions 10, 11, 12, by adding subdivisions; 349A.04; 349A.06, subdivisions
1, 5, 8, 10, by adding subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09,
subdivision 1; 349A.10, subdivisions 2, 4, 6; 349A.11, subdivision 1; 349A.12,
subdivisions 1, 2; 349A.13; 541.20; 541.21; 609.651, subdivision 1; 609.75,
subdivisions 3, 4; 609.761, subdivision 2; Minnesota Statutes 2005 Supplement,
sections 349.15, subdivision 1; 349A.10, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapters 297A; 349A; repealing Minnesota
Statutes 2004, section 297E.02, subdivision 6; Minnesota Statutes 2005
Supplement, sections 297E.01, subdivision 7; 297E.02, subdivisions 4, 7.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� [297A.652] LOTTERY GAMING MACHINES;
IN-LIEU TAX.�
Net terminal income from the operation of video lottery
terminals authorized under section 349A.071 is exempt from the tax imposed
under section 297A.62.� The State Lottery
must on or before the 20th day of each month transmit to the commissioner an
amount equal to the net terminal income from the operation of video lottery
terminals as defined in section 349A.01, for the previous month multiplied by
28 percent.� The commissioner shall
deposit the money transmitted under this section in the state treasury to be
credited as provided in section 297A.94.
Sec. 2.� Minnesota
Statutes 2004, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.�
(a) Except as provided in this section, the commissioner
shall deposit the revenues, including interest and penalties, derived from the
taxes imposed by this chapter in the state treasury and credit them to the general
fund.
(b) The commissioner shall deposit taxes in the Minnesota
agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and
services purchased for the construction and operation of an agricultural
resource project; and
(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the project under
section 41A.04, subdivision 3.
The
commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment.�
The amount deposited in the loan guaranty account must be reduced by any
refunds and by the costs incurred by the Department of Revenue to administer
and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales and purchases
included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4),
in the state treasury, and credit them as follows:
(1)
first to the general obligation special tax bond debt service account in each
fiscal year the amount required by section 16A.661, subdivision 3, paragraph
(b); and
(2) after the requirements of clause (1) have been met, the
balance to the general fund.
(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64, subdivision 5, in the
state treasury and credit them to the general fund.� By July 15 of each year the commissioner
shall transfer to the highway user tax distribution fund an amount equal to the
excess fees collected under section 297A.64, subdivision 5, for the previous
calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and
2003, 87 percent; and for fiscal year 2004 and thereafter, 72.43 percent of the
revenues, including interest and penalties, transmitted to the commissioner
under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may be spent only
on activities that improve, enhance, or protect fish and wildlife resources,
including conservation, restoration, and enhancement of land, water, and other
natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan park and trail
grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota Zoological
Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
(f) Revenues transmitted to the commissioner under section
297A.652 must be deposited by the commissioner in the state treasury as
follows:
(1) 1-1/2 percent must be deposited in a compulsive gambling
and chemical dependency account.� Money
and interest earned on money deposited into this account may not be spent until
appropriated by law for fiscal year 2007, and thereafter, and is dedicated to
the treatment of compulsive gambling under section 245.98, and chemical
dependency under sections 245.62 and 245.652.�
The commissioner of human services must give priority to treatment
programs and services funded with appropriations from this account that provide
long-term treatment and have demonstrated success in rehabilitating persons
with gambling or chemical addictions;
(2) one-half percent must be deposited in an out-of-home
placement account.� Money and interest
earned on money deposited into this account may not be spent until appropriated
by law for fiscal year 2007, and thereafter, and is dedicated to reimburse
counties for costs associated with out-of-home placement of tribal children;
(3) three percent must be deposited into a military pay
exemption account.� Money and interest
earned on money deposited into this account may not be spent until appropriated
by law for fiscal year 2007, and thereafter, and is dedicated to offset the
cost of the subtraction provided under section 290.01, subdivision 19b, clauses
(11), (12), and (15);
(4) three percent must be deposited in the game and fish
fund;
(5)
three percent must be deposited in a clean water account.� Money and interest earned on money deposited
into this account may not be spent until appropriated by law for fiscal year
2007, and thereafter, and is dedicated to programs to achieve the state's water
quality goals and control water pollution to meet the requirements of the
federal Clean Water Act;
(6) 15 percent must be deposited in the trunk highway fund;
(7) 15 percent must be deposited in the county state-aid
highway fund;
(8) ten percent must be deposited in the municipal state-aid
street fund;
(9) one percent must be deposited in a senior corps
account.� Money and interest earned on
money deposited into this account may not be spent until appropriated by law
for fiscal year 2007, and thereafter, and is dedicated for grants to the
Minnesota Senior Corps program;
(10) eight percent must be deposited into a general property
tax relief account in the state treasury.�
Money in this account and any interest earned thereon may not be spent
until appropriated by law for fiscal years 2008 and thereafter and is dedicated
for the purpose of replacing revenue lost as a result of the reduction of
property taxes provided in section 273.135; and
(11) the remainder to the general fund.
(f) (g) The revenue dedicated under paragraph
paragraphs (e) and (f) may not be used as a substitute for traditional
sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes.� Land acquired with money deposited in the
game and fish fund under paragraph (e) must be open to public hunting and
fishing during the open season, except that in aquatic management areas or on
lands where angling easements have been acquired, fishing may be prohibited
during certain times of the year and hunting may be prohibited.� At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and
wildlife resources under paragraph (e) must be allocated for field operations.
Sec. 3.� Minnesota
Statutes 2004, section 297E.02, subdivision 1, is amended to read:
Subdivision 1.� Imposition.� A tax is imposed on all lawful gambling other
than (1) pull-tab deals or games; (2) tipboard deals or games; and (3) items
listed in section 297E.01, subdivision 8, clauses (4) and (5), at the rate
of 8.5 percent on the gross receipts as defined in section 297E.01, subdivision
8, less prizes actually paid.� The tax
imposed by this subdivision is in lieu of the tax imposed by section 297A.62
and all local taxes and license fees except a fee authorized under section
349.16, subdivision 8, or a tax authorized under subdivision 5.
The tax imposed under this subdivision is payable by the
organization or party conducting, directly or indirectly, the gambling.
Sec. 4.� Minnesota
Statutes 2004, section 299L.02, subdivision 1, is amended to read:
Subdivision 1.� Lottery.� (a) The director shall when required under
chapter 349A or when requested by the director of the lottery conduct
background checks on employees of the State Lottery, lottery retailers, and
bidders of lottery procurement contracts.
(b)
The director shall, when so requested by the director of the State Lottery or
when the director believes it to be reasonable and necessary, conduct
investigations of lottery retailers, applicants for lottery retailer contracts,
suppliers of goods or services to the State Lottery, and persons bidding on
contracts for goods or services with the State Lottery.
(c) The director shall conduct an annual security audit of
the State Lottery, or arrange for such an audit by an outside agency or person,
firm, or corporation.� The director shall
report to the director of the lottery on the results of the audit.
(d) The director shall deposit in a separate account in the
state treasury all money received from the director of the State Lottery for
charges for investigations and background checks relating to the owning and
operating of video lottery terminals under chapter 349A.� Money in the account is appropriated to the
director for the purpose of carrying out the director's powers and duties under
this subdivision.
Sec. 5.� Minnesota
Statutes 2004, section 299L.07, subdivision 2, is amended to read:
Subd. 2.� Exclusions.� Notwithstanding subdivision 1, a gambling
device:
(1) may be sold by a person who is not licensed under this
section, if the person (i) is not engaged in the trade or business of selling
gambling devices, and (ii) does not sell more than one gambling device in any
calendar year;
(2) may be sold by the governing body of a federally
recognized Indian tribe described in subdivision 2a, paragraph (b), clause (1),
which is not licensed under this section, if (i) the gambling device was
operated by the Indian tribe, (ii) the sale is to a distributor licensed under
this section, and (iii) the licensed distributor notifies the commissioner of
the purchase, in the same manner as is required when the licensed distributor
ships a gambling device into Minnesota;
(3) may be possessed by a person not licensed under this
section if the person holds a permit issued under section 299L.08; and
(4) may be possessed by a state agency, with the written
authorization of the director, for display or evaluation purposes only and not
for the conduct of gambling; and
(5) may be possessed by the State Lottery as authorized under
chapter 349A.
Sec. 6.� Minnesota
Statutes 2004, section 299L.07, subdivision 2a, is amended to read:
Subd. 2a.� Restrictions.� (a) A manufacturer licensed under this
section may sell, offer to sell, lease, or rent, in whole or in part, a
gambling device only to a distributor licensed under this section or to the
State Lottery as authorized under chapter 349A.
(b) A distributor licensed under this section may sell, offer
to sell, market, rent, lease, or otherwise provide, in whole or in part, a
gambling device only to:
(1) the governing body of a federally recognized Indian tribe
that is authorized to operate the gambling device under a tribal state compact
under the Indian Gaming Regulatory Act, Public Law 100-497, and future
amendments to it;
(2) a person for use in the person's dwelling for display or
amusement purposes in a manner that does not afford players an opportunity to
obtain anything of value;
(3)
another distributor licensed under this section; oder
(4) a person in another state who is authorized under the laws
of that state to possess the gambling device; or
(5) the State Lottery as authorized under chapter 349A.
Sec. 7.� Minnesota
Statutes 2004, section 340A.410, subdivision 5, is amended to read:
Subd. 5.� Gambling prohibited.� (a) Except as otherwise provided in this
subdivision, no retail establishment licensed to sell alcoholic beverages may
keep, possess, or operate, or permit the keeping, possession, or operation on
the licensed premises of dice or any gambling device as defined in section
349.30, or permit gambling therein.
(b) Gambling equipment may be kept or operated and raffles
conducted on licensed premises and adjoining rooms when the use of the gambling
equipment is authorized by (1) chapter 349, (2) a tribal ordinance in
conformity with the Indian Gaming Regulatory Act, Public Law 100-497, or (3) a
tribal-state compact authorized under section 3.9221.
(c) Lottery tickets may be purchased and sold within the
licensed premises as authorized by the director of the lottery under chapter
349A.
(d) Dice may be kept and used on licensed premises and
adjoining rooms as authorized by section 609.761, subdivision 4.
(e) Gambling devices may be operated and gambling permitted as
authorized by chapter 349A.
Sec. 8.� Minnesota
Statutes 2005 Supplement, section 349.15, subdivision 1, is amended to read:
Subdivision 1.� Expenditure restrictions.� (a) Gross profits from lawful gambling
may be expended only for lawful purposes or allowable expenses as authorized by
the membership of the conducting organization at a monthly meeting of the
organization's membership.
Provided that (b) Except as provided in paragraph
(c), no more than 70 percent of the gross profit less the tax
imposed under section 297E.02, subdivision 1, from bingo, and no more than 60
percent of the gross profit from other forms of lawful gambling, may be
expended biennially during the term of the license for allowable expenses
related to lawful gambling.� For licenses
issued after June 30, 2006, compliance with this subdivision will be measured
on a biennial basis that is concurrent with the term of the license.� Compliance with this subdivision is a
condition for the renewal of any license beginning on July 1, 2008.
(c) Money received by an organization from net video lottery
terminal income under section 349A.06, subdivision 6a, may be expended only for
lawful purposes.
Sec. 9.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 9a.� Lottery game.� "Lottery game" means any game
operated by the lottery where the prize is determined primarily by chance.
Sec. 10.� Minnesota
Statutes 2004, section 349A.01, subdivision 10, is amended to read:
Subd. 10.� Lottery procurement contract.� "Lottery procurement contract"
means a contract to provide lottery products, computer hardware and software
used to monitor sales of lottery tickets and sales on a video lottery
terminal, and lottery tickets, video lottery terminals, and
maintenance of video lottery terminals. "Lottery procurement
contract" does not include a contract to provide an annuity or
prize payment agreement or materials, supplies, equipment, or services common
to the ordinary operation of a state agency.
Sec.
11.� Minnesota Statutes 2004, section
349A.01, subdivision 11, is amended to read:
Subd. 11.� Lottery retailer.� "Lottery retailer" means a person
with whom the director has contracted to sell lottery tickets to the
public.� A lottery retailer includes a
person with whom the director has contracted to place a video lottery terminal
within its premises where video lottery terminal plays are sold.
Sec. 12.� Minnesota
Statutes 2004, section 349A.01, subdivision 12, is amended to read:
Subd. 12.� Lottery ticket or ticket.� "Lottery ticket" or
"ticket" means any tangible evidence issued by the lottery to prove
participation in a lottery game other than a video lottery game.
Sec. 13.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 14.� Net terminal income.� "Net terminal income" means the
sum of all money spent for video lottery terminal plays less the value of video
lottery credit receipts.
Sec. 14.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 15.� Video lottery credit.� "Video lottery credit" means the
basic unit of play for a video lottery terminal.
Sec. 15.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 16.� Video lottery credit receipt.� "Video lottery credit receipt"
means a receipt generated by a video lottery terminal that provides evidence of
cash payment due a player from play on a video lottery terminal.
Sec. 16.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 17.� Video lottery game.� "Video lottery game" means an
electronically simulated game authorized by the director that is displayed and
played on a video lottery terminal for consideration and with prizes awarded
for designated results.� Video lottery
games are limited to video pull-tabs.
Sec. 17.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 18.� Video lottery terminal.� "Video lottery terminal" means
any machine, system, or device which upon payment of consideration permits the
play of a video lottery game.
Sec. 18.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 19.� Video lottery terminal play.� "Video lottery terminal play"
means an electronic record that proves participation in a video lottery game.
Sec. 19.� Minnesota
Statutes 2004, section 349A.01, is amended by adding a subdivision to read:
Subd. 20.� Win percentage.� "Win percentage" means the
portion of the money wagered by players on a video lottery terminal that is
available for the payment of prizes to winning players.
Sec. 20.� Minnesota
Statutes 2004, section 349A.04, is amended to read:
349A.04 LOTTERY GAME
PROCEDURES.�
The director may adopt game procedures governing the following
elements of the lottery:
(1) lottery games;
(2)
ticket prices;
(3) number and size of prizes;
(4) methods of selecting winning tickets; and
(5) frequency and method of drawings;
(6) video lottery terminals; and
(7) cost of video lottery plays.
The adoption of lottery game procedures is not subject to
chapter 14.
Sec. 21.� Minnesota
Statutes 2004, section 349A.06, subdivision 1, is amended to read:
Subdivision 1.� Contracts.� The director shall sell tickets and
operate video lottery terminals for the lottery through lottery retailers
with whom the director contracts.�
Contracts under this section are not subject to the provisions of
sections 16C.03, 16C.05, 16C.06, 16C.08, 16C.09, and 16C.10, and are valid for
a period of one year.� The director may
permit a retailer to sell tickets and operate video lottery terminals at
more than one business location under a contract entered into under this
section.
Sec. 22.� Minnesota
Statutes 2004, section 349A.06, subdivision 5, is amended to read:
Subd. 5.� Restrictions on lottery retailers.� (a) A lottery retailer may sell lottery
tickets or have a video lottery terminal placed only on the premises
described in the contract.
(b) A lottery retailer must prominently display a certificate
issued by the director on the premises where lottery tickets will be sold or
where video lottery terminals are operated.
(c) A lottery retailer must keep a complete set of books of
account, correspondence, and all other records necessary to show fully the
retailer's lottery transactions, and make them available for inspection by
employees of the lottery at all times during business hours.� The director may require a lottery retailer
to furnish information as the director deems necessary to carry out the
purposes of this chapter, and may require an audit to be made of the books of
account and records.� The director may
select an auditor to perform the audit and may require the retailer to pay the
cost of the audit.� The auditor has the
same right of access to the books of account, correspondence, and other records
as is given to employees of the lottery.
(d) A contract issued under this section may not be
transferred or assigned.
(e) The director shall require that lottery tickets may be
sold by retailers only for cash.
(f) A lottery retailer must prominently post at the point of
sale of lottery tickets and the area where video lottery terminals are
located, in a manner approved by the commissioner of human services, the
toll-free telephone number established by the commissioner of human services in
connection with the compulsive gambling program established under section
245.98.
Sec. 23.� Minnesota
Statutes 2004, section 349A.06, is amended by adding a subdivision to read:
Subd. 5a.� Restrictions on lottery retailers; video
lottery terminals.� (a) The
director may only enter into a lottery retailer contract for games operated by
a video lottery terminal with a retailer that has a license to sell alcoholic
beverages for consumption on the premises where sold.� This does not include a retailer who has only
a temporary on-sale license.
(b)
The director may not contract with a retailer for games operated by a video
lottery terminal unless the retailer has an organization licensed under chapter
349 authorized and conducting lawful gambling on the premises.
(c) A lottery retailer authorized to sell games operated by a
video lottery terminal may not cancel or refuse to renew a lease with an
organization licensed under chapter 349 authorized and conducting lawful
gambling on its premises for three years following the effective date of this
act, unless the organization has failed to comply with its lease with the
retailer.
(d) A lottery retailer may have up to five video lottery
terminals on the retailer's premises, as determined by the director.
(e) A lottery retailer that is authorized to operate a video
lottery terminal may not make reference to the establishment being a
"casino," or use the word "casino" in its name or in any of
its advertisements.
(f) The director, or any employee of the director, may
inspect any video lottery terminal at any time during the hours when alcoholic
beverages may be sold at on-sale under section 340A.504, subdivisions 1, 2, and
3, without notice, to ensure compliance with this chapter and any rules adopted
by the director.
Sec. 24.� Minnesota
Statutes 2004, section 349A.06, is amended by adding a subdivision to read:
Subd. 6a.� Retention by retailers; video lottery
terminals.� A lottery retailer
who has a contract for placement of video lottery terminals may retain 31
percent of the net terminal income from the terminals located within its
premises as commission.� The lottery
retailer receiving commission under this subdivision shall transmit to an
organization licensed under chapter 349, and conducting lawful gambling on the
premises of the retailer, 29 percent of the lottery retailer's commission
received under this subdivision.� If more
than one organization conducts lawful gambling on the premises, the payment
must be reasonably allocated between the organizations, pro rata based on their
respective gross receipts.
Sec. 25.� Minnesota
Statutes 2004, section 349A.06, subdivision 8, is amended to read:
Subd. 8.� Proceeds of sales.� All proceeds from the sale of lottery tickets
or proceeds from the sale of video lottery terminal plays received by a
lottery retailer constitute a trust fund until paid to the director.� The lottery retailer is personally liable for
all proceeds.
Sec. 26.� Minnesota
Statutes 2004, section 349A.06, subdivision 10, is amended to read:
Subd. 10.� Local licenses.� No political subdivision may require a local
license to operate as a lottery retailer, restrict or regulate the placement
of a video lottery terminal, or impose a tax or fee on the business of
operating as a lottery retailer.
Sec. 27.� [349A.071] VIDEO LOTTERY TERMINALS.�
Subdivision 1.�
Operation.� (a) All video lottery terminals must be
operated and controlled by the director.
(b) Video lottery terminals must be owned or leased by the
director.
(c) Video lottery terminals must be maintained by the lottery,
or by a vendor that is under the control and direction of the director.
(d) The director must have a central communications system
that monitors activities and provides auditing program information on each
video lottery terminal.
(e)
The director must approve the general security arrangements associated with and
relating to the operation of the video lottery terminal.
(f) Video lottery terminals must maintain on nonresettable
meters, a permanent record, capable of being printed out, of all transactions
by the terminal and all entries into the terminal.
(g) The director may implement other controls as are deemed
necessary to ensure and maintain the integrity of video lottery terminals
operated under this section.
Subd. 2.� Testing and examination of machines.� The director shall examine prototypes of
video lottery terminals and require that the manufacturer of the terminal pay
the cost of the examination.� The
director may contract for the examination of video lottery terminals.� The director may require working models of a
video lottery terminal transported to the locations the director designates for
testing, examination, and analysis.� The
manufacturer shall pay all costs of any testing, examination, analysis, and
transportation of the terminal model.
Subd. 3.� Deactivation of terminal.� The director may deactivate a video
lottery terminal without notice if the lottery retailer has violated any
provision of this chapter, rule, or provision of its contract with the
director.
Sec. 28.� Minnesota Statutes
2004, section 349A.08, subdivision 1, is amended to read:
Subdivision 1.� Agreement by players.� A person who buys a lottery ticket or
plays a video lottery game agrees to be bound by the rules and game
procedures applicable to the that particular lottery game for
which the ticket is purchased.� The
player acknowledges that the determination of whether a ticket or video
lottery credit receipt is a valid winning ticket is subject to under
the rules of and game procedures adopted by the director, claims
procedures established by the director for that game, and any confidential or
public validation tests established by the director for that game.
Sec. 29.� Minnesota
Statutes 2004, section 349A.08, subdivision 5, is amended to read:
Subd. 5.� Payment; unclaimed prizes.� (a) Except as provided in this
subdivision, a prize in the State Lottery must be claimed by the winner
within one year of the date of the drawing at which the prize was awarded or
the last day sales were authorized for a game where a prize was determined in a
manner other than by means of a drawing.�
If a valid claim is not made for a prize payable directly by the lottery
by the end of this period, the prize money is considered unclaimed and the winner
of the prize shall have no further claim to the prize.
(b) A video lottery credit receipt from a video lottery
terminal must be presented for payment within 60 days of the date the video
lottery credit receipt was printed.� If a
valid claim for a video lottery credit receipt is not made by the end of this
period, the video lottery credit receipt is considered unclaimed and the player
shall have no further claim to the amount due from the video lottery credit
receipt.
(c) A prize won by a person who purchased the winning
ticket or played a video lottery game in violation of section 349A.12,
subdivision 1, or won by a person ineligible to be awarded a prize under
subdivision 7 must be treated as an unclaimed prize under this section.� The director must transfer all unclaimed
prize money at the end of each fiscal year from the lottery cash flow account
to the general fund.
Sec. 30.� Minnesota
Statutes 2004, section 349A.08, subdivision 8, is amended to read:
Subd. 8.� Withholding of delinquent state taxes or
other debts.� The director shall
report the name, address, and Social Security number of each winner of a
lottery prize of $600 or more, or a video lottery prize of $1,200 or more, to
the Department of Revenue to determine whether the person who has won the prize
is delinquent in payment of state taxes or owes a debt as defined in section
270A.03, subdivision 5.� If the person is
delinquent in payment
of state taxes or owes a debt as defined in section 270A.03, subdivision 5, the
director shall withhold the delinquent amount from the person's prize for
remittance to the Department of Revenue for payment of the delinquent taxes or
distribution to a claimant agency in accordance with chapter 270A.� Section 270A.10 applies to the priority of
claims.
Sec. 31.� Minnesota
Statutes 2004, section 349A.09, subdivision 1, is amended to read:
Subdivision 1.� Odds; required information.� (a) The director shall include on each
brochure, pamphlet, booklet, or other similar material the director publishes
to promote or explain any lottery game, a prominent and clear statement of the
approximate odds of winning each prize offered in that lottery game.
(b) Except for the operation of a video lottery terminal, each
lottery retailer must post prominently at or near the point of ticket sale a
notice or notices printed and provided by the director of the approximate odds
of winning each prize in each game for which the lottery retailer sells
tickets.
(c) The approximate odds of winning a prize from a video
lottery terminal must be displayed on the face or screen of the video lottery
terminal.
Sec. 32.� Minnesota
Statutes 2004, section 349A.10, subdivision 2, is amended to read:
Subd. 2.� Deposit in Prize fund.� (a) The director shall establish a lottery
prize fund outside the state treasury.�
The fund consists of all money deposited in it under this subdivision
and all interest earned thereon.
(b) The director shall deposit in the lottery prize fund,
from gross receipts from the sale of lottery tickets, an amount sufficient to
pay lottery prizes from the lottery prize fund according to the following
provisions:
(1) for games which require on-line terminal connections, the
prizes paid in any fiscal year must be at least 45 percent of gross receipts
from those games in that fiscal year;
(2) for games which do not require on-line terminal
connections, the prizes paid in any fiscal year must be at least the
following percentages of gross receipts from those games:
(i) 50 percent through fiscal year 1991;
(ii) 55 percent from July 1, 1991, to June 30, 1992; and
(iii) 60 percent thereafter of gross receipts from
those games in that fiscal year.
(c) For lottery games played on a video lottery terminal, the
win percentage in any fiscal year will be the win percentage established by the
game procedures adopted for the game, but shall be at least 80 percent but not
more than 95 percent.
Sec. 33.� Minnesota
Statutes 2005 Supplement, section 349A.10, subdivision 3, is amended to read:
Subd. 3.� Lottery operations.� (a) The director shall establish a lottery
operations account in the lottery fund.�
The director shall pay all costs of operating the lottery, including
payroll costs or amounts transferred to the state treasury for payroll costs,
but not including lottery prizes, from the lottery operating account.� The director shall credit to the lottery
operations account amounts sufficient to pay the operating costs of the
lottery.
(b)
Except as provided in paragraph (e), the director may not credit in any fiscal
year thereafter amounts to the lottery operations account which when
totaled exceed nine percent of gross revenue, exclusive of net terminal
income, and 12 percent of net terminal income to the lottery fund in that
fiscal year.� In computing total amounts
credited to the lottery operations account under this paragraph the director
shall disregard amounts transferred to or retained by lottery retailers as
sales commissions or other compensation.
(c) The director of the lottery may not expend after July
1, 1991, more than 2-3/4 percent of gross revenues in a fiscal year for
contracts for the preparation, publication, and placement of advertising.
(d) Except as the director determines, the lottery is not
subject to chapter 16A relating to budgeting, payroll, and the purchase of
goods and services.
(e) In addition to the amounts credited to the lottery
operations account under paragraph (b), the director is authorized, if
necessary, to meet the current obligations of the lottery and to credit up to
25 percent of an amount equal to the average annual amount which was authorized
to be credited to the lottery operations account for the previous three fiscal
years but was not needed to meet the obligations of the lottery.
Sec. 34.� Minnesota
Statutes 2004, section 349A.10, subdivision 4, is amended to read:
Subd. 4.� Deposit of receipts.� (a) The director may require lottery
retailers to:
(1) deposit in a separate account to the credit of the
lottery fund, in banks designated by the director, all money received by the
lottery retailer from the sale of lottery tickets and video lottery terminal
plays, less money retained as the lottery retailer's commission and for
payment of prizes;
(2) file with the director reports of the lottery retailer's
receipts and transactions in ticket sales and video lottery terminal plays in
a form that the director prescribes; and
(3) allow money deposited by the lottery retailer from the
sale of lottery tickets and video lottery terminal plays to be
transferred to the lottery through electronic fund transfer.
(b) The director may make arrangements for any person,
including a financial institution, to perform functions, activities, or
services in connection with the receipt and distribution of lottery revenues.
(c) A lottery retailer who fails to pay any money due to the
director within the time prescribed by the director shall pay interest on the
amount owed at the rate determined by rule.
Sec. 35.� Minnesota
Statutes 2004, section 349A.10, subdivision 6, is amended to read:
Subd. 6.� Budget; plans.� The director shall prepare and submit a
biennial budget plan to the commissioner of finance.� The governor shall recommend the maximum
amount available for the lottery in the budget the governor submits to the
legislature under section 16A.11.� The
maximum amount available to the lottery for operating expenses and capital
expenditures shall be determined by law.�
Operating expenses shall not include expenses that are a direct function
of lottery sales, which include the cost of lottery prizes, amounts paid to
lottery retailers as sales commissions or other compensation, amounts paid to
produce and deliver scratch lottery games, and amounts paid to an
outside vendor to operate and maintain an on-line gaming system, amounts
paid to an outside vendor to operate and maintain a central system for video
lottery terminals, and amounts paid to acquire and maintain video lottery
terminals.� In addition, the director
shall appear at least once each fiscal year before the senate and house of
representatives committees having jurisdiction over gambling policy to present
and explain the lottery's plans for future games and the related advertising
and promotions and spending plans for the next fiscal year.
Sec.
36.� Minnesota Statutes 2004, section
349A.11, subdivision 1, is amended to read:
Subdivision 1.� Lottery ticket; retailer.� The director, an employee of the lottery, a
member of the immediate family of the director or employee residing in the same
household may not:
(1) purchase a lottery ticket or play a game on a video
lottery terminal; or
(2) have any personal pecuniary interest in any vendor
holding a lottery procurement contract, or in any lottery retailer; or
(3) receive any gift, gratuity, or other thing of value,
excluding food or beverage, from any lottery vendor or lottery retailer, or
person applying to be a retailer or vendor, in excess of $100 in any calendar
year.
Sec. 37.� Minnesota
Statutes 2004, section 349A.12, subdivision 1, is amended to read:
Subdivision 1.� Purchase by minors.� A person under the age of 18 years may not buy
or redeem for a prize a ticket in the state lottery and a person under the
age of 21 years may not play a game or redeem a video lottery credit receipt
from a video lottery terminal.
Sec. 38.� Minnesota
Statutes 2004, section 349A.12, subdivision 2, is amended to read:
Subd. 2.� Sale to minors.� A lottery retailer may not sell and a lottery
retailer or other person may not furnish or redeem for a prize a ticket in the
state lottery to any person under the age of 18 years, or allow a person
under the age of 21 years to play a game or redeem a video lottery credit
receipt from a video lottery terminal.�
It is an affirmative defense to a charge under this subdivision for the
lottery retailer or other person to prove by a preponderance of the evidence
that the lottery retailer or other person reasonably and in good faith relied
upon representation of proof of age described in section 340A.503, subdivision
6, in making the sale or furnishing or redeeming the ticket or allowing the
play of a video lottery game or redeem a video lottery credit receipt from a
video lottery terminal.
Sec. 39.� Minnesota
Statutes 2004, section 349A.13, is amended to read:
349A.13 RESTRICTIONS.�
Nothing in this chapter:
(1) authorizes the director to conduct a lottery game or contest
the winner or winners of which are determined by the result of a sporting event
other than a horse race conducted under chapter 240; oder
(2) authorizes the director to install or operate a
lottery device operated by coin or currency which when operated determines the
winner of a game; and
(3) authorizes the director to sell pull-tabs as defined
under section 349.12, subdivision 32.
Sec. 40.� Minnesota
Statutes 2004, section 541.20, is amended to read:
541.20 RECOVERY OF MONEY
LOST.�
Every person who, by playing at cards, dice, or other game,
or by betting on the hands or sides of such as are gambling, shall lose to any
person so playing or betting any sum of money or any goods, and pays or
delivers the same, or any part thereof, to the winner, may sue for and recover
such money by a civil action, before any court of competent
jurisdiction.� For purposes of this
section, gambling shall not include pari-mutuel wagering conducted under a
license issued pursuant to chapter 240, purchase or sale of tickets in the
state lottery, purchase of video lottery plays as authorized under chapter
349A, or gambling authorized under chapters 349 and 349A.
Sec. 41.� Minnesota
Statutes 2004, section 541.21, is amended to read:
541.21 COMMITMENTS FOR
GAMBLING DEBT VOID.�
Every note, bill, bond, mortgage, or other security or
conveyance in which the whole or any part of the consideration shall be for any
money or goods won by gambling or playing at cards, dice, or any other game
whatever, or by betting on the sides or hands of any person gambling, or for
reimbursing or repaying any money knowingly lent or advanced at the time and
place of such gambling or betting, or lent and advanced for any gambling or
betting to any persons so gambling or betting, shall be void and of no effect
as between the parties to the same, and as to all persons except such as hold
or claim under them in good faith, without notice of the illegality of the
consideration of such contract or conveyance.�
The provisions of this section shall not apply to: (1) pari-mutuel
wagering conducted under a license issued pursuant to chapter 240; (2) purchase
of tickets in the state lottery or other wagering authorized under
chapter 349A; (3) gaming activities conducted pursuant to the Indian Gaming
Regulatory Act, 25 U.S.C. 2701 et seq.; or (4) lawful gambling activities
permitted under chapter 349.
Sec. 42.� Minnesota
Statutes 2004, section 609.651, subdivision 1, is amended to read:
Subdivision 1.� Felony Fraud.� A person is guilty of a felony and may be
sentenced under subdivision 4 if the person does any of the following with
intent to defraud the State Lottery:
(1) alters or counterfeits a state lottery ticket or a
video lottery credit receipt from a State Lottery video lottery terminal;
(2) knowingly presents an altered or counterfeited state
lottery ticket or video lottery credit receipt from a State Lottery video
lottery terminal for payment;
(3) knowingly transfers an altered or counterfeited state
lottery ticket or video lottery credit receipt from a State Lottery video
lottery terminal to another person; oder
(4) tampers with or manipulates the outcome, prize
payable, or operation of a State Lottery video lottery terminal; or
(5) otherwise claims a lottery prize by means of fraud,
deceit, or misrepresentation.
Sec. 43.� Minnesota
Statutes 2004, section 609.75, subdivision 3, is amended to read:
Subd. 3.� What are not bets.� The following are not bets:
(1) A contract to insure, indemnify, guarantee or otherwise
compensate another for a harm or loss sustained, even though the loss depends
upon chance.
(2) A contract for the purchase or sale at a future date of
securities or other commodities.
(3) Offers of purses, prizes or premiums to the actual
contestants in any bona fide contest for the determination of skill, speed,
strength, endurance, or quality or to the bona fide owners of animals or other
property entered in such a contest.
(4)
The game of bingo when conducted in compliance with sections 349.11 to 349.23.
(5) A private social bet not part of or incidental to
organized, commercialized, or systematic gambling.
(6) The operation of equipment or the conduct of a raffle
under sections 349.11 to 349.22, by an organization licensed by the Gambling
Control Board or an organization exempt from licensing under section 349.166.
(7) Pari-mutuel betting on horse racing when the betting is
conducted under chapter 240.
(8) The purchase and sale of state lottery tickets and
plays on a video lottery terminal under chapter 349A.
Sec. 44.� Minnesota
Statutes 2004, section 609.75, subdivision 4, is amended to read:
Subd. 4.� Gambling device.� A gambling device is a contrivance which for
a consideration affords the player an opportunity to obtain something of value,
other than free plays, automatically from the machine or otherwise, the award
of which is determined principally by chance.�
"Gambling device" also includes a video game of chance, as
defined in subdivision 8, but does not include a video lottery terminal
operated by the State Lottery under chapter 349A.
Sec. 45.� Minnesota
Statutes 2004, section 609.761, subdivision 2, is amended to read:
Subd. 2.� State lottery.� Sections 609.755 and 609.76 do not prohibit
the operation of the state lottery oder; the sale, possession, or
purchase of tickets for the state lottery; or the manufacture, possession,
or operation of a video lottery terminal for the state lottery under
chapter 349A.
Sec. 46.� LOTTERY BUDGET; VIDEO LOTTERY TERMINALS.�
The director of the State Lottery shall submit a budget for
the operation of video lottery terminals as authorized under Minnesota
Statutes, section 349A.071, to the commissioner of finance.� Notwithstanding Minnesota Statutes, section
349A.10, subdivision 6, the director of the State Lottery may expend amounts
necessary to operate video lottery terminals.�
Amounts expended by the director of the State Lottery for the conduct of
video lottery terminals in fiscal year 2007 are not subject to the maximum
amount set in law for the operation of the lottery.
Sec. 47.� REPEALER.�
Minnesota Statutes 2004, section 297E.02, subdivision 6, and
Minnesota Statutes 2005 Supplement, sections 297E.01, subdivision 7; and
297E.02, subdivisions 4 and 7, are repealed.
Sec. 48.� EFFECTIVE DATE.�
Sections 1, 2, and 4 to 46 are effective the day following
final enactment.� Sections 3 and 47 are
effective July 1, 2006."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Taxes.
����� The report was adopted.
Westrom
from the Committee on Regulated Industries to which was referred:
H. F. No. 3253, A bill for an act relating to lawful
gambling; modifying certain requirements relating to bar bingo and pull-tab
games; amending Minnesota Statutes 2004, section 349.211, subdivision 2a;
Minnesota Statutes 2005 Supplement, section 349.17, subdivision 7; proposing
coding for new law in Minnesota Statutes, chapter 349.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� Minnesota
Statutes 2005 Supplement, section 349.17, subdivision 7, is amended to read:
Subd. 7.� Bar bingo.� An organization may conduct bar bingo subject
to the following restrictions:
(1) the bingo is conducted at a site the organization owns or
leases and which has a license for the sale of intoxicating beverages on the
premises under chapter 340A;
(2) the bingo is conducted using only bingo paper sheets
purchased from a licensed distributor; and
(3) no rent may be paid for a bar bingo occasion; and
(4) linked bingo games may not be conducted at a bar bingo
occasion.
Sec. 2.� [349.1721] CONDUCT OF PULL-TABS.�
Subdivision 1.�
Cumulative or carryover games.� The board shall by rule permit pull-tab
games with multiple seals.� The board
shall also adopt rules for pull-tab games with cumulative or carryover prizes.
Subd. 2.� Event games.� The board shall by rule permit pull-tab
games in which certain winners are determined by the random selection of one or
more bingo numbers or by another method approved by the board.
Sec. 3.� Minnesota
Statutes 2004, section 349.211, subdivision 2a, is amended to read:
Subd. 2a.� Pull-tab prizes.� The maximum prize which may be awarded for
any single pull-tab is $599, not including any cumulative or carryover
prizes.� Cumulative or carryover prizes
in a pull-tab game shall not exceed $2,500.�
An organization may not sell any pull-tab for more than $2.
Sec. 4.� EFFECTIVE DATE.�
This act is effective the day following final enactment."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on State Government Finance.
����� The report was adopted.
Smith
from the Committee on Public Safety Policy and Finance to which was referred:
H. F. No. 3258, A bill for an act relating to health; requiring
reporting on notification that is required before an abortion is performed on a
minor or certain other women; providing civil penalties; amending Minnesota
Statutes 2004, section 13.3806, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapters 144; 145.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health Policy and Finance.
����� The report was adopted.
Nornes from the Committee on Higher Education Finance to which
was referred:
H. F. No. 3268, A bill for an act relating to economic
development; establishing the Minnesota Biomedical Sciences Research Facilities
Authority and the biomedical sciences research project funding program;
providing for the University of Minnesota to apply for facility program funds;
authorizing sale of state bonds to fund program; proposing coding for new law
in Minnesota Statutes, chapter 116J.
Reported the same back with the following amendments:
Page 6, delete subdivision 3 and insert:
"Subd. 3.� Transfer.� The commissioner shall annually deposit in
the biomedical science research facilities bond fund on October 1 of the years
set forth below the amount set forth opposite such date from the annual tobacco
settlement payments received by the state of Minnesota pursuant to the May 8,
1998, settlement agreement and stipulation.
Amount
Payable from Tobacco
Settlement Payment |
Date
(October 1) |
����� $4,300,000 |
2007 and
2008 |
����� $9,100,000 |
2009 and
2010 |
��� $14,400,000 |
2011 and
2012 |
��� $20,100,000 |
2013 and
2014 |
��� $26,500,000 |
2015 and
thereafter |
����� All amounts in the biomedical science
research facilities bond fund not required to pay the principal of, premium, if
any, and interest on bonds issued pursuant to subdivision 1 in any fiscal year
or required to pay the authority's administrative costs shall be transferred by
the commissioner to the general fund by June 30 of such fiscal year."
����� With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Jobs and Economic
Opportunity Policy and Finance.
����� The report was adopted.
Johnson,
J., from the Committee on Civil Law and Elections to which was referred:
H. F. No. 3282, A bill for an act relating to liens;
regulating liens for storage charges on certain motor vehicles; amending
Minnesota Statutes 2004, section 514.19.
Reported the same back with the following amendments:
Page 1, line 24, delete "registered" and
insert "certified"
Page 2, line 3, delete "may fulfill" and
insert "fulfills"
Page 2, line 3, delete "obligation"
Page 2, line 3, delete "provided" and insert
"required"
Page 2, line 3, before the period, insert "provided
that the notice is given in the time period required under that section"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Olson from the Committee on Local Government to which was
referred:
H. F. No. 3302, A bill for an act relating to local
government; modifying municipal and county planning and zoning provisions;
providing standards for preliminary plat approval in a proposed development;
amending Minnesota Statutes 2004, sections 394.25, subdivision 7; 462.358,
subdivision 3b.
Reported the same back with the following amendments:
Page 1, delete lines 13 to 15 and insert:
"(b) A county must approve a preliminary plat that
meets the applicable standards and criteria contained in the county's zoning
and subdivision regulations unless the county adopts written findings based on
a record from the public proceedings why the application shall not be approved."
Page 3, lines 13 to 15, delete the new language
Page 3, line 18, after the period, insert "A
municipality must approve a preliminary plat that meets the applicable
standards and criteria contained in the municipality's zoning and subdivision
regulations unless the municipality adopts written findings based on a record
from the public proceedings why the application shall not be approved."
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Buesgens
from the Committee on Education Policy and Reform to which was referred:
H. F. No. 3307, A bill for an act relating to education;
ensuring that the standards for effective practice for teachers includes
technology and information literacy standards; establishing a seven-year review
cycle; amending Minnesota Statutes 2004, section 122A.18, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 3332, A bill for an act relating to education;
requiring school performance report cards to indicate both the cut score and
the corresponding percent of items students must answer correctly at set
performance levels; amending Minnesota Statutes 2004, section 120B.36,
subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 3360, A bill for an act relating to health;
changing the governance structure of the Minnesota Comprehensive Health
Association; providing a health insurance exemption from the insurance premiums
tax; repealing the assessment for the Minnesota Comprehensive Health
Association; appropriating money; amending Minnesota Statutes 2004, sections
62A.02, by adding a subdivision; 62E.02, subdivision 23; 62E.091; 62E.10,
subdivisions 1, 2, 3, 6, 7; 62E.11, subdivisions 9, 10; 62E.13, subdivision 3a,
by adding a subdivision; 62E.14, subdivisions 1, 6; Minnesota Statutes 2005
Supplement, section 62E.13, subdivision 2; repealing Minnesota Statutes 2004,
sections 62E.11, subdivisions 5, 6, 13; 62E.13, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2004, section 62E.11, subdivision 13, is amended to
read:
Subd. 13.� State funding; effect on premium rates of
members.� (a) In approving the
premium rates as required in sections 62A.65, subdivision 3; and 62L.08,
subdivision 8, the commissioners of health and commerce shall ensure that any
appropriation to reduce the annual assessment made on the contributing members
to cover the costs of the Minnesota comprehensive health insurance plan as
required under this section is reflected in the premium rates charged by each
contributing member.
(b) In any fiscal year, a positive balance in the health care
access fund, not to exceed $55,000,000, is appropriated to the commissioner of
commerce for disbursement to the Minnesota Comprehensive Health Association for
the purpose of reducing or eliminating its annual assessments on its
contributing members, under subdivision 6.�
The amount appropriated and disbursed must not exceed the total amount
that the association would otherwise assess on its contributing members for the
calendar year in which the disbursement is made.
(c)
Notwithstanding the appropriation in paragraph (b), in fiscal years 2007, 2008,
and 2009, $55,000,000 is appropriated each year from the health care access
fund to the commissioner of commerce for the purpose stated in paragraph (b).
Delete the title and insert:
"A bill for an act relating to health; modifying
provisions for funding Minnesota comprehensive health insurance plan;
appropriating money; amending Minnesota Statutes 2004, section 62E.11,
subdivision 13."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health Policy and Finance.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3374, A bill for an act relating to human services;
changing a Council on Disability provision; amending Minnesota Statutes 2004,
section 256.482, subdivision 8.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3390, A bill for an act relating to employee
relations; changing eligibility criteria for the salary differential program
for state employees ordered to active military service; amending Minnesota
Statutes 2005 Supplement, section 43A.183.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
����� The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 3398, A bill for an act relating to transportation;
modifying provision governing financial assistance from the town bridge
account; amending Minnesota Statutes 2004, section 161.082, subdivision 2a.
Reported the same back with the following amendments:
Page 2, line 16, delete "$......." and insert
"$300,000"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Transportation Finance.
����� The report was adopted.
Erhardt
from the Committee on Transportation to which was referred:
H. F. No. 3401, A bill for an act relating to drivers'
licenses; requiring at least 30 minutes of driver education on organ and tissue
donation; amending Minnesota Statutes 2004, section 171.0701.
Reported the same back with the following amendments:
Page 1, line 8, after "instruction" insert ",
beginning January 1, 2007,"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 3402, A bill for an act relating to insurance;
health; regulating loss ratios; regulating small employer coverages; establish
a state match for certain health savings plans; appropriating money; amending
Minnesota Statutes 2004, sections 62A.02, by adding a subdivision; 62A.021,
subdivision 1; 62A.65, subdivision 3; 62L.03, subdivision 3; 290.0672,
subdivision 1; Minnesota Statutes 2005 Supplement, section 62L.12, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing
Minnesota Statutes 2004, section 62E.11, subdivisions 9, 10.
Reported the same back with the following amendments:
Page 7, after line 28, insert:
"Sec. 4.� [62J.83] MEDICAL BILL DISCLOSURE WITHOUT
CHARGE.�
(a) No health plan company or health care provider shall
charge a fee to a patient or a patient's representative for providing the total
amount due for the patient's outstanding medical bills.� Upon the written request by a patient or a
patient's representative for the total amount due for outstanding medical
bills, a health plan company or health care provider shall provide, in writing,
the total amount due.� The response must
be postmarked within ten business days of receiving the request.
(b) A health plan company or health care provider that fails
to comply with this section, by either failing to provide the information or
charging for the information, shall void the patient's outstanding medical
bills due to the company or plan.
EFFECTIVE
DATE.� This section is
effective July 1, 2006."
Page 9, line 27, delete "an employee" and
insert "one or more employees"
Page 9, line 28, delete "the employee" and
insert "all employees of the small employer"
Page 9, line 29, after the period, insert "The
requirement to market an individual health plan to all employees does not require
the health carrier to offer or issue an individual health plan to any employee."
Page 9, line 34, delete "At" and insert
"Except for coverage under section 62A.65, subdivision 5, paragraph
(b), or 62E.16, at"
Page
10, line 3, after the period, insert "Individual coverage under this
section may be offered only if the small employer has not provided coverage
under section 62L.03 to the employees within the past 12 months. The employer
must provide a written and signed statement to the health carrier that the
employer is not contributing directly or indirectly to the employee's
premiums.� The health carrier may rely on
the employer's statement and is not required to guarantee-issue individual
health plans to the employer's other current or future employees."
Page 10, delete section 6
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, delete everything after the first semicolon
Page 1, line 4, delete "money" and insert
"requiring medical bill disclosure without charge"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Taxes.
����� The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 3436, A bill for an act relating to natural
resources; providing for suspension of certain registrations and licenses as a
penalty for payment with a dishonored check; providing for delivery of a
watercraft certificate of title to the owner; providing penalties; amending
Minnesota Statutes 2004, sections 84.796; 84.805; 84.88, by adding a
subdivision; 84.929; 86B.401, by adding a subdivision; 86B.885; 86B.895,
subdivision 2, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 18, after the period, insert "The
commissioner shall enter into procedural contracts with deputy registrars for
purposes of this paragraph."
Page 2, lines 2 and 18, after the period, insert "The
commissioner shall enter into procedural contracts with deputy registrars for
purposes of this paragraph."
Page 2, lines 10 and 25, after the period, insert "The
commissioner shall enter into procedural contracts with deputy registrars for
purposes of this subdivision."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Agriculture, Environment and Natural
Resources Finance.
����� The report was adopted.
Tingelstad
from the Committee on Governmental Operations and Veterans Affairs to which was
referred:
H. F. No. 3484, A bill for an act relating to boxing;
regulation of boxing; establishing a boxing commission; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 341.
Reported the same back with the following amendments:
Page 1, line 20, delete "man" and insert
"person"
Page 2, line 4, delete "man" and insert
"person" in both places
Page 2, line 6, delete "man" and insert
"person"
Page 2, line 10, after the period, insert "The
members shall be appointed by the governor and subject to the advice and
consent of the senate."
Page 2, line 14, after the period, insert "At least
two of the members must be women, if possible."
Page 2, line 18, after the period, insert "The
purpose of the commission is to protect health, promote safety, and ensure fair
events."
Page 3, line 27, delete "man" and insert
"person" in both places
Page 3, line 28, delete "man" and insert
"person"
Page 3, line 29, delete "man" and insert
"person" and delete "weight" and insert
"weigh"
Page 8, after line 7, insert:
"Sec. 17.� DEPOSIT OF FEES.�
All fees collected by the commission must be deposited in the
special revenue fund.� Other than initial
startup costs, the commission must be funded only from proceeds of these fees."
Page 8, line 12, delete "16" and insert
"18"
Renumber the sections in sequence and correct the internal
references
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Commerce and Financial Institutions.
����� The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 3487, A bill for an act relating to government data
practices; classifying data; providing civil remedies; providing penalties;
amending Minnesota Statutes 2004, sections 13.7905, subdivision 2; 13.791,
subdivision 1; 175.10; 175.16, by adding a subdivision; 176.138; 176.181,
subdivision 8; 176.186; 176.231, subdivision 9; 176.391, subdivision 3; Minnesota Statutes 2005
Supplement, sections 168.346, subdivision 1; 171.12, subdivision 7; 325E.59,
subdivisions 1, 3, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 168; 171; 175; 325F; repealing Minnesota Statutes
2004, sections 13.7905, subdivision 3; 176.231, subdivision 8; 176.401;
176.421, subdivision 7; Minnesota Statutes 2005 Supplement, section 325E.59,
subdivision 2.
Reported the same back with the recommendation that the bill
be re-referred to the Committee on Commerce and Financial Institutions without
further recommendation.
����� The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 3505, A bill for an act relating to insurance;
permitting reductions in premiums on small employer health insurance in greater
Minnesota; amending Minnesota Statutes 2004, sections 62A.65, subdivision 3;
62L.08, subdivision 4.
Reported the same back with the following amendments:
Page 2, line 9, delete "and"
Page 2, after line 13, insert:
"(2) each geographic region must be composed of no
fewer than seven counties that create a contiguous region; and"
Page 2, line 14, delete "(2)" and insert
"(3)"
Page 3, line 17, delete "and"
Page 3, after line 21, insert:
"(2) each geographic region must be composed of no
fewer than seven counties that create a contiguous region; and"
Page 3, line 22, delete "(2)" and insert
"(3)"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3507, A bill for an act relating to legislature;
regulating the Legislative Audit Commission; amending Minnesota Statutes 2004,
sections 3.97, subdivisions 2, 3a; 3.9741, subdivision 1; 37.06; repealing
Minnesota Statutes 2004, sections 3.97, subdivision 3; 3.979, subdivision 5.
Reported the same back with the following amendments:
Pages
2 to 3, delete sections 2 to 5
Delete the title and insert:
"A bill for an act relating to legislature; regulating
the membership and terms of the Legislative Audit Commission; amending
Minnesota Statutes 2004, section 3.97, subdivision 2."
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 3578, A bill for an act relating to employment;
establishing a pilot project to encourage the licensure of foreign-trained
physicians in Minnesota; appropriating money for a pilot program to encourage
the licensure of foreign-trained physicians.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� PILOT
PROJECT; LICENSURE OF FOREIGN-TRAINED HEALTH CARE PROFESSIONALS.�
The commissioner of employment and economic development must
conduct a pilot project to encourage the licensure in Minnesota of
foreign-trained health care professionals, including physicians, nurses,
dentists, pharmacists, veterinarians, and other allied health care
professionals.� The commissioner must
work with local workforce boards to award grants to foreign-trained health care
professionals that are sufficient to cover the actual costs of taking a course
intended to prepare health care professionals for required licensing
examinations and the fee for taking required licensing examinations.� When awarding grants, the commissioner must
consider whether the recipient's training involves a medical specialty that is
in demand in one or more Minnesota communities.�
The commissioner also must establish additional criteria for the award
of grants.� The program will begin on
July 1, 2006, and end on June 30, 2007.�
The commissioner must submit a report evaluating the effectiveness of
the pilot program to the legislative committees with jurisdiction over
employment by October 1, 2007.
Sec. 2.� APPROPRIATION.�
$....... is appropriated from the general fund to the
commissioner of employment and economic development for a pilot project to
encourage the licensure of foreign-trained health care professionals."
Delete the title and insert:
"A bill for an act relating to employment; establishing a
pilot project to encourage the licensure of foreign-trained health care
professionals in Minnesota; appropriating money for a pilot program to
encourage the licensure of foreign-trained health care professionals."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health Policy and Finance.
����� The report was adopted.
Hackbarth
from the Committee on Environment and Natural Resources to which was referred:
H. F. No. 3614, A bill for an act relating to natural
resources; modifying regulation of all-terrain vehicles; creating two classes
of all-terrain vehicles; amending Minnesota Statutes 2004, sections 84.92,
subdivision 8, by adding subdivisions; 84.928, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257;
84.926, subdivision 4; 84.928, subdivision 1.
Reported the same back with the following amendments:
Page 4, line 18, after "purposes" insert "or
a class 2 all-terrain vehicle"
Page 4, line 19, after "class 1" insert
"or class 2"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3625, A bill for an act relating to public
employees; modifying public employee insurance provisions; appropriating money;
amending Minnesota Statutes 2004, section 43A.316, subdivisions 1, 2, 3, 4, 5,
10, by adding subdivisions.
Reported the same back with the following amendments:
Page 6, line 24, delete "from the health care access
fund"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Health Policy and Finance.
����� The report was adopted.
Tingelstad
from the Committee on Governmental Operations and Veterans Affairs to which was
referred:
H. F. No.
3641, A bill for an act relating to building officials; requiring competency
criteria; proposing coding for new law in Minnesota Statutes, chapter 16B.
Reported
the same back with the following amendments:
Page 1,
lines 6 and 12, after "commissioner" insert "of labor
and industry"
Page 1,
line 17, delete "newly employed"
Page
1, line 18, after "inspectors" insert "hired on or
after January 1, 2008,"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Financial Institutions.
����� The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 3658, A bill for an act relating to health;
authorizing business organizations to obtain certificates of authority to
operate as health maintenance organizations; providing for hospital pricing
transparency and provider pricing fairness; authorizing small health plan
purchasing pools; providing for a health insurance tax; regulating provider
disclosures of reimbursement; amending Minnesota Statutes 2004, sections
62D.02, subdivision 4, by adding a subdivision; 62D.03, subdivision 1; 62D.05,
subdivision 1; 62J.81, subdivision 1; 297I.01, subdivision 10; Minnesota
Statutes 2005 Supplement, sections 62J.052; 297I.05, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapters 62J; 62Q; repealing
Minnesota Statutes 2004, sections 62J.17; 62J.25.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health Policy and Finance.
����� The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 3664, A bill for an act relating to military
affairs; authorizing National Guard employees to carry certain weapons; amending
Minnesota Statutes 2004, sections 609.67, subdivisions 3, 5; 626.88,
subdivision 1.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources to which was referred:
H. F. No. 3712, A bill for an act relating to the
environment; requiring mercury emissions reductions by public utilities;
amending Minnesota Statutes 2004, section 216B.1692, subdivision 8; proposing
coding for new law in Minnesota Statutes, chapter 216B.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� TITLE.�
This act may be cited as the Mercury Emissions Reduction Act
of 2006.
Sec.
2.� Minnesota Statutes 2004, section
116.92, is amended by adding a subdivision to read:
Subd. 7a.� Fluorescent lamps; residential
applications.� Any information
regarding fluorescent lamps containing mercury that is sent by a utility to a
customer, present on a utility's Web site or contained in a utility's print,
radio, or video advertisement, must state that the lamps contain mercury that
is harmful to the environment and that it is illegal to place them in garbage
and must provide a toll-free telephone number or Web site that customers can
access to learn how to lawfully dispose of the lamps.
EFFECTIVE
DATE.� This section is
effective October 1, 2006.
Sec. 3.� Minnesota
Statutes 2004, section 216B.1692, subdivision 8, is amended to read:
Subd. 8.� Sunset.�
This section is effective until June 30, 2006 June 30, 2012,
and applies to projects and riders approved prior to that date.
Sec. 4.� [216B.68] DEFINITIONS, MERCURY EMISSIONS
REDUCTIONS.�
Subdivision 1.�
Scope.� Terms used in sections 216B.68 to 216B.688
have the meanings given them in this section and section 216B.02.
Subd. 2.� Qualifying facility.� "Qualifying facility" means an
electric generating power plant in Minnesota that, as of January 1, 2006, had a
total net dependable capacity in excess of 500 megawatts from all coal-fired
electric generating units at the power plant.
Subd. 3.� Targeted unit.� "Targeted unit" means a
coal-fired electric generation unit greater than 100 megawatts at a qualifying
facility.
Subd. 4.� Agency.� "Agency" means the Minnesota
Pollution Control Agency.
Subd. 5.� Federal mercury regulations.� "Federal mercury regulations"
means the federal clean air mercury rule as of January 1, 2006, published in
Code of Federal Regulations, title 40, parts 60, 63, 70, and 72.
Subd. 6.� Reduction.� "Reduction" means the capture of
total mercury emissions from a qualifying facility relative to the emissions
baseline from that facility established under section 216B.681, expressed as a
percentage.
Subd. 7.� Dry scrubbed units.� "Dry scrubbed units" means a
targeted unit at which pollution control technology that uses a spray dryer and
fabric filter system to remove pollutants from air emissions is installed.
Subd. 8.� Wet scrubbed units.� "Web scrubbed units" means a
targeted unit at which pollution control technology that uses water or
solutions to remove pollutants from air emissions is installed.
Subd. 9.� Startup period.� "Startup period" means a period
of one year after the date of compliance set forth in section 216B.682,
paragraph (a), or such longer period as the commission may approve after
consultation with the Pollution Control Agency.
Sec. 5.� [216B.681] MONITORING MERCURY EMISSIONS.�
By July 1, 2007, a public utility that owns or operates a
qualifying facility shall install, maintain, and operate continuous mercury
emissions monitoring systems on coal-fired electric generation units that the
utility may include in a mercury emissions reduction plan under section
216B.682.� The monitoring systems must
use methods set forth in federal mercury regulations or other methods as may be
approved by the agency.� The data from
monitoring systems
or other methods of measurement approved by the agency associated with a
utility's qualifying facilities must be used to establish a baseline for
mercury emissions reductions under section 216B.682.� The public utility shall report to the agency
the quality assured and controlled data produced from the systems implemented
pursuant to this section on a quarterly basis thereafter.
Sec. 6.� [216B.682] MERCURY EMISSIONS REDUCTION
PLANS.�
(a) By December 31, 2007, for dry scrubbed units and by
December 31, 2009, for wet scrubbed units, a public utility that owns or
operates a qualifying facility shall develop and submit to the Pollution
Control Agency and the Public Utilities Commission plans to reduce mercury
emissions in this state.� A public
utility filing a plan for a wet scrubbed unit on or before December 31, 2007,
may file a plan for any other wet scrubbed unit at its qualifying facility by
July 1, 2011.� Mercury emissions
reduction initiatives must be implemented by December 31, 2010, at dry scrubbed
units, and by December 31, 2015, at wet scrubbed units.
(b) A public utility must file a set of plans under paragraph
(a) that, taken together, are designed to achieve total mercury reductions
among the utility's Minnesota facilities equivalent to a goal of 90 percent
reduction of mercury emissions at the utility's targeted units by December 31,
2015.
(c) The utility may also submit one or more alternatives to
the plans required under paragraph (b).�
The alternatives must be designed to achieve mercury emissions
reductions at its qualifying facilities greater and earlier than required under
federal mercury regulations.� The utility
shall also provide information as to how the utility would have planned to meet
federal mercury reduction requirements in the absence of this legislation and
the estimated cost and timing of meeting federal mercury reduction
requirements.
(d) For each required and alternative plan submitted pursuant
to this subdivision, the utility shall present information assessing that
plan's ability to optimize human health benefits and achieve cost
efficiencies.� The utility shall assess
how each plan balances environmental benefits with the associated costs,
considering the impact of the resulting electricity costs on both the utility's
customers and the state's economy.� Plans
must provide the cost, technical feasibility, and mercury emissions reduction expected
for each option.� Plans may also provide
measures to reduce the cost and maximize the flexibility of each option,
including, but not limited to, mercury emissions reductions achieved through
pretreatment of the coal burned at the facility, averaging mercury emissions
reductions among different generating units at the same plant and achieving
equivalent mercury emissions reductions on other plants in the public utility's
electric system in Minnesota.� The plans
may specify permit targets or conditions proposed by the public utility for each
mercury emissions control option, including, but not limited to, numeric
emission targets, percent removal expectations, emission control technology
installation and operative requirements, or work practice standards.
(e) Mercury emissions reductions under a plan approved by the
commission under section 216B.1692 before January 1, 2006, may not be counted
toward total mercury emissions reductions of a plan under this section.
Sec. 7.� [216B.683] OTHER ENVIRONMENTAL
IMPROVEMENT PLANS.�
In order to encourage a utility to address multiple
pollutants, a utility required to submit mercury reduction plans under sections
216B.68 to 216B.688 may also propose plans and associated emission reduction
riders addressing investments in additional pollution control equipment and
related expenses needed to comply with state or federal statute or regulation
that became effective after December 31, 2004.�
The plans must propose to implement emission control initiatives that
exceed and are implemented in advance of state or federal requirements.� The utility must show that plans submitted
under this subdivision and any related riders are the least-cost alternative
for complying with state and federal regulations.
Sec.
8.� [216B.684]
EMISSIONS REDUCTION RIDERS.�
(a) A public utility required to file a mercury emissions
reduction plan under section 216B.682 may also file for approval of an
emissions reduction rate rider pursuant to section 216B.1692, subdivision 3,
for its mercury control and other environmental improvement initiatives under
sections 216B.68 to 216B.688.� The
emissions reduction rate rider may include recovery of costs associated with
the installation of continuous mercury emission monitoring systems, ongoing
operation and maintenance costs associated with the utility's mercury control
initiatives, and any studies undertaken by the utility in support of the
mercury emissions reduction plan required under section 216B.682, in addition
to the cost recovery provided by sections 216B.1692, subdivision 3.� The utility may propose to phase in the
emissions reduction riders to recover these costs over the development and life
of the projects.
(b) Each mercury emissions reduction rider approved by the
commission must include performance-based financial incentives to encourage the
utility to exceed the 90 percent mercury emissions reductions required in the
plan filed under section 216B.682.� These
incentives may include increased returns on investments or other
performance-based incentives.� The
commission shall structure the financial incentives to escalate for each
additional increment of mercury emissions reductions achieved by the utility
above the 90 percent mercury emissions reductions required in the plan filed
under section 216B.682.
Sec. 9.� [216B.685] ENVIRONMENTAL ASSESSMENT.�
The Pollution Control Agency shall evaluate a utility's
mercury emissions reduction plans and alternatives filed under sections 216B.68
to 216B.688, and submit its evaluation to the Public Utilities Commission
within 180 days of the date the plan is filed with the agency and commission
under subdivision 3.� In its review, the
agency shall:
(1) assess whether the utility's plan under section 216B.682,
paragraph (b), meets the requirements of that paragraph;
(2) evaluate the environmental and public health benefits of
each plan submitted under section 216B.682, including benefits associated with
reductions in pollutants other than mercury;
(3) assess the technical feasibility and cost-effectiveness
of technologies proposed for achieving mercury emissions reduction in each plan
submitted; and
(4) advise the commission of the appropriateness of each
plan.
Sec. 10.� [216B.686] COMMISSION APPROVAL.�
(a) The Public Utilities Commission shall review and evaluate
a utility's mercury emissions reduction plans submitted under this
section.� In its review, the commission
shall consider the environmental and public health benefits, the agency's
assessment of a technology's technical feasibility, competitiveness of customer
rates and power supply costs, and cost-effectiveness of the utility's proposed
mercury control initiatives in light of the agency's report under section
216B.685.� For multi-emissions reduction
plans, the commission shall consider the overall environmental and public
health benefits, total costs, and competitiveness of customer rates and power
supply costs.
Within 180 days of receiving the agency's report, the
commission shall approve a utility's mercury or multi-emissions reduction plans
that the commission reasonably expects will be technically able to achieve, by
December 31, 2015, substantial mercury emissions reductions and associated
environmental and health benefits among the utility's Minnesota facilities in a
manner that does not impose excessive consumer and power supply costs.� In approving the plans, the commission shall
attempt to achieve the greatest level of mercury reduction that can be obtained
without imposing excessive costs on ratepayers.
If
the commission is unable to approve the utility's 90 percent reduction plan
submitted under section 216B.682, paragraph (b), the commission shall, in
consultation with the agency, order the utility to implement the most stringent
mercury control alternatives proposed by the utility under section 216B.682,
paragraph (c), that will achieve the maximum mercury emissions reductions
technically feasible and protective of the public health and environment
without imposing excessive consumer costs.
(b) The commission shall review and evaluate a utility's plan
and associated emissions reduction rider for other environmental improvement
initiatives submitted under section 216B.683.�
Within 180 days of receiving the agency's report prepared under section
216B.1692, the commission shall approve the plan and associated emissions reduction
rider if it complies with applicable state and federal regulations and is the
least-cost alternative.
(c) Section 216B.1692 applies to plans and emissions control
riders proposed under sections 216B.68 to 216B.688, except that projects
included in a plan approved under those sections are deemed to be qualifying
projects for the purposes of section 216B.1692; and section 216B.1692,
subdivision 5, paragraph (c), and subdivision 6, do not apply to plans or
riders submitted under sections 216B.68 to 216B.688.� Commission approval of an emissions reduction
plan under sections 216B.68 to 216B.688 includes approval of an emissions
reduction rider associated with that plan, if one was submitted by the utility.� Nothing in sections 216B.68 to 216B.688
requires a utility to convert a wet scrubbed unit into a dry scrubbed unit as
part of an emissions reduction plan.
Sec. 11.� [216B.687] IMPLEMENTATION AND OPERATION.�
(a) A public utility required to file a mercury emissions
reduction plan under section 216B.682 shall implement the plan as approved by
the commission under section 216B.685.
(b) During the startup period, except as required by federal
regulation, any mercury emission reduction incorporated into a qualifying
facility's permit as established under the plan is a state-only condition of
the permit and is not subject to enforcement by the agency.� If, after the startup period ends, it is
determined that the qualifying facility is able to comply with the mercury emissions
reduction, the agency shall incorporate the mercury reduction into the
facility's permit as an enforceable state-only condition.� If, after the startup period, despite the
utility's reasonable best efforts consistent with the approved plan, the equipment
installed at a unit under an approved plan fails to achieve the mercury
reduction expected in the approved plan, the agency shall revise the permit for
the qualifying facility to reflect the actual mercury emissions expected from
the unit and incorporate that mercury emissions reduction as an enforceable
state-only condition in the facility's permit.�
The utility shall report periodically to the agency of its efforts to
optimize the operation of installed equipment, and the agency shall revise the unit's
air permit within five years of initial operation, to ensure optimal operation
of equipment installed under a plan approved pursuant to sections 216B.68 to
216B.688.
(c) For qualifying facilities using both dry scrubbed and wet
scrubbed units, the agency may establish permit limits as set forth in
paragraph (b) for each individual unit.�
After the startup periods for all units at the qualifying facility have
concluded and the actual mercury emissions for the units expected under the
approved plan have been determined, the agency may establish a single
enforceable state-only mercury emission limit for the qualifying facility
covering all units at that facility.
Sec. 12.� [216B.688] RELATIONSHIP TO STATE AND
FEDERAL REGULATIONS.�
Mercury emissions reduction equipment installed under this section
fulfills all applicable requirements related to mercury emissions from a
qualifying facility, including but not limited to any mercury-related
requirements related to total maximum daily loads under the federal Clean Water
Act.� Except as otherwise provided in
this section, a targeted unit implementing a mercury emissions reduction plan
under sections 216B.68 to 216B.688 shall not be required to undertake
additional investments to reduce mercury by state law or regulation.� The agency shall implement requirements of
federal law in the most flexible manner approved by the United States
Environmental Protection Agency."
Amend
the title as follows:
Page 1, line 2, after the semicolon, insert "requiring
disclosure regarding disposal of fluorescent lamps containing mercury;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Regulated Industries.
����� The report was adopted.
Smith from the Committee on Public Safety Policy and Finance
to which was referred:
H. F. No. 3713, A bill for an act relating to public safety;
establishing the fire safety account from revenues on fire premiums and
assessments; abolishing the fire insurance tax; establishing a fire insurance
policyholder surcharge; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 299F; repealing Minnesota Statutes 2004, section
297I.05, subdivision 6.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Taxes.
����� The report was adopted.
Buesgens from the Committee on Education Policy and Reform to
which was referred:
H. F. No. 3759, A bill for an act relating to pupil
transportation; updating school bus equipment standards; clarifying school bus
discipline policies for charter school and nonpublic pupils being transported
on school district buses; modifying certain school bus license standards;
clarifying certain pupil transportation cost data; amending Minnesota Statutes
2004, sections 123B.90, subdivision 2; 123B.91, by adding a subdivision;
169.01, subdivision 6; 169.447, subdivision 2; 169.4501, subdivisions 1, 2;
169.4502, subdivision 5; 169.4503, subdivision 20; 171.321, subdivisions 4, 5;
171.3215, subdivision 2; 631.40, subdivision 1a; Minnesota Statutes 2005
Supplement, sections 123B.92, subdivisions 1, 5; 171.02, subdivision 2a;
repealing Minnesota Statutes 2004, sections 169.4502, subdivision 15; 169.4503,
subdivisions 17, 18, 26.
Reported the same back with the following amendments:
Page 2, line 10, after "grade" insert "9
or"
Page 2, line 18, after the period, insert "Upon
request of the superintendent of the school district where the nonpublic school
is located,"
Page 2, line 19, strike "annually"
Page 10, line 25, delete "mounting height"
and insert "cushion depth"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Transportation.
����� The report was adopted.
Tingelstad
from the Committee on Governmental Operations and Veterans Affairs to which was
referred:
S. F. No. 1272, A bill for
an act relating to state government; adding an ex officio member to the Indian
Affairs Council; amending Minnesota Statutes 2004, section 3.922, subdivision
1.
Reported the same back with
the following amendments:
Page 1, after line 23,
insert:
"the commissioner of
administration,"
With the recommendation that
when so amended the bill pass.
����� The report was adopted.
SECOND READING OF HOUSE BILLS
����� H. F. Nos. 2514, 2574, 2677, 2807, 2839, 2854, 2872, 3018,
3045, 3050, 3169, 3203, 3282, 3302, 3307, 3332, 3374, 3401, 3505, 3507, 3614
and 3664 were read for the second time.
SECOND READING OF SENATE BILLS
����� S. F. No. 1272 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Abeler and Lesch introduced:
����� H. F. No. 3918, A bill for an act relating to civil actions;
regulating medical liability actions; providing for the inadmissibility of
certain health care provider statements, gestures, and conduct; proposing
coding for new law in Minnesota Statutes, chapter 604.
����� The bill was read for the first time and referred to the
Committee on Civil Law and Elections.
����� Nornes introduced:
����� H. F. No. 3919, A bill for an act relating to environment;
providing for reimbursement of cleanup costs for certain petroleum tank
releases; amending Minnesota Statutes 2005 Supplement, section 115C.09,
subdivision 3h.
����� The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
����� Wilkin introduced:
����� H. F. No. 3920, A bill for an act relating
to insurance; regulating mutual insurance holding companies; modifying mutual
holding company laws; amending Minnesota Statutes 2004, sections 60A.075, subdivision
1; 60A.077, subdivisions 1, 3, by adding a subdivision; Minnesota Statutes 2005
Supplement, sections 66A.02, subdivisions 2, 3; 66A.07, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
����� Erickson introduced:
����� H. F. No. 3921, A bill for an act
proposing an amendment to the Minnesota Constitution by adding a section to
article XIII; recognizing as marriage only a legal union between one man and
one woman and limiting creation or recognition of any identical or similar
legal status.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Eastlund introduced:
����� H. F. No. 3922, A bill for an act
proposing an amendment to the Minnesota Constitution by adding a section to
article XIII; recognizing as a valid domestic legal union only a marriage
between a man and a woman.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Dorman; Juhnke; Peterson, A., and Urdahl
introduced:
����� H. F. No. 3923, A bill for an act relating
to agriculture; restoring the open appropriation for ethanol producer payments;
appropriating money; amending Minnesota Statutes 2004, section 41A.09, by
adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development.
����� Nornes introduced:
����� H. F. No. 3924, A bill for an act relating
to higher education; modifying programs of the Higher Education Office;
appropriating money and reducing certain appropriations; amending Minnesota
Statutes 2004, sections 135A.031, subdivision 7; 135A.034, subdivision 1;
135A.053, subdivision 2; 136A.101, subdivisions 4, 8; 136A.15, subdivisions 6,
9, by adding a subdivision; 136A.16, by adding a subdivision; 136A.162;
136A.1701, subdivisions 4, 7, by adding a subdivision; 136A.233, subdivision 3;
137.17, subdivisions 1, 3; Minnesota Statutes 2005 Supplement, section
136A.1701, subdivision 12;� Laws 2005,
chapter 107, article 1, sections 1; 2, subdivisions 1, 2; proposing coding for
new law in Minnesota Statutes, chapter 136A; repealing Minnesota Statutes 2004,
sections 135A.01; 135A.031, subdivisions 1, 2, 5, 6; 135A.032; 135A.033;
136A.15, subdivision 5; 136A.1702; 137.17, subdivisions 2, 4; Minnesota
Statutes 2005 Supplement, section 135A.031, subdivisions 3, 4; Minnesota Rules,
parts 4850.0011, subparts 9, 10, 14, 27; 4850.0014, subpart 1.
����� The bill was read for the first time and
referred to the Committee on Higher Education Finance.
����� Olson, for the Committee on Local
Government, introduced:
����� H. F. No. 3925, A bill for an act relating
to local government; modifying municipal boundary adjustment provisions;
establishing the municipal boundary adjustment task force; appropriating money;
amending Minnesota Statutes 2004, sections 414.01, subdivision 1a; 414.02, by
adding a subdivision; 414.031, subdivisions 1, 4, by adding a subdivision;
414.0325, subdivision 1, by adding a subdivision; 414.033, subdivision 2;
414.061, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 414.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Beard introduced:
����� H. F. No. 3926, A bill for an act relating
to energy; providing state conservation objectives; regulating conservation
investments by utilities; requiring consideration of conservation in various
regulatory proceedings; providing a study of rate decoupling; amending
Minnesota Statutes 2004, sections 216B.241, subdivisions 1a, 1c, 6; 216B.2422,
by adding a subdivision; 216B.243, by adding a subdivision; Minnesota Statutes
2005 Supplement, section 216B.241, subdivision 1b.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Smith introduced:
����� H. F. No. 3927, A bill for an act relating
to public safety; suspending or revoking drivers' licenses of certain juvenile
controlled substance offenders; modifying definition of "juvenile petty
offense" to include possession of drug paraphernalia; making technical
changes; amending Minnesota Statutes 2004, sections 171.172; 260B.007, by
adding a subdivision; 260B.198, subdivision 1; 260B.235, subdivisions 4, 5;
Minnesota Statutes 2005 Supplement, section 260B.007, subdivision 16; proposing
coding for new law in Minnesota Statutes, chapter 171.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Smith introduced:
����� H. F. No. 3928, A bill for an act relating
to public safety; implementing certain recommendations of the legislative
auditor concerning substance abuse treatment; amending Minnesota Statutes 2004,
section 241.016, subdivision 1; Minnesota Statutes 2005 Supplement, section
241.06, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 241.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Smith introduced:
����� H. F. No. 3929, A bill for an act relating
to public safety; requiring the Department of Corrections to report information
on mental health programs to the legislature; amending Minnesota Statutes 2004,
section 241.016, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Smith introduced:
����� H. F. No. 3930, A bill for an act relating
to public safety; exempting juvenile detention and correctional facilities from
compliance with the umbrella rule; directing the Department of Corrections and
the Department of Human Services to amend the umbrella rule; proposing coding
for new law in Minnesota Statutes, chapter 242.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Smith introduced:
����� H. F. No. 3931, A bill for an act relating
to courts; removing obsolete references and provisions involving municipal and
county courts; amending Minnesota Statutes 2004, sections 13.84, subdivisions
1, 2; 48A.10, subdivision 3; 219.97, subdivision 13; 346.09, subdivision 1; 347.04;
375A.13, subdivision 1; 383B.65, subdivision 2; 390.20; 390.33, subdivision 2;
480.181, subdivisions 1, 2; 480.182; 484.01, subdivision 1; 484.011; 484.012;
484.45; 484.54, subdivision 3; 484.545, subdivision 1; 484.64, subdivision 3;
484.65, subdivision 3; 484.68, subdivision 1; 485.018, subdivision 5; 485.021;
485.11; 487.11, subdivision 1; 487.29; 488A.01, subdivision 12; 488A.09,
subdivisions 3, 7; 488A.19, subdivision 3; 488A.20, subdivisions 1, 4; 518.157,
subdivision 2; 546.27, subdivision 2; 609.101, subdivision 4; 629.74; 641.25;
Minnesota Statutes 2005 Supplement, sections 485.01; 485.03; 485.05; proposing
coding for new law in Minnesota Statutes, chapter 484; repealing Minnesota
Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1, 4; 487.13;
487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision 1;
487.21, subdivisions 1, 2, 4; 487.23, subdivisions 1, 2, 3, 7a, 7b; 487.24;
487.25, subdivision 6; 487.26, subdivisions 2, 6; 487.27, subdivision 1;
487.28, subdivision 1; 487.31, subdivision 1; 487.32, subdivision 3; 487.33,
subdivisions 2, 6; 487.34; 487.36; 487.37; 487.38; 487.40, subdivisions 1, 1a;
488A.01, subdivisions 1, 4a, 14, 15; 488A.021; 488A.025; 488A.03, subdivisions
11a, 11b; 488A.035; 488A.04; 488A.08; 488A.09, subdivisions 1, 2; 488A.10,
subdivisions 6, 11; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116;
488A.119; 488A.18, subdivisions 1, 4, 14; 488A.19, subdivision 1; 488A.21;
488A.23; 488A.24; 488A.26, subdivisions 1, 2; 488A.27, subdivision 6; 488A.28;
488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014;
525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08;
525.081; 525.082; 525.09; 525.091; 525.092; 525.095; 525.101; 525.103; 525.11;
525.111; 525.112; 525.113; 542.14; 549.05; 625.09; Minnesota Statutes 2005
Supplement, sections 353.027; 485.03.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Magnus and Davids introduced:
����� H. F. No. 3932, A bill for
an act relating to energy; providing tax refunds to electric utilities that
transition to soy-based transformer fluid; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 216B.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Westrom introduced:
����� H. F. No. 3933, A bill for an act relating
to health; eliminating the hospital construction and modification moratorium
and the public interest review requirements for hospitals; amending Minnesota
Statutes 2004, section 62J.17, subdivision 3; repealing Minnesota Statutes
2004, sections 144.551, subdivisions 2, 3, 4; 144.552; 376.08, subdivision 3;
Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Ruud introduced:
����� H. F. No. 3934, A bill for an act relating
to transportation; amending driver education requirements; amending license
examination requirements; modifying information required in driver's manual;
amending Minnesota Statutes 2004, sections 171.0701; 171.13, subdivision 1, by
adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Transportation.
����� Blaine introduced:
����� H. F. No. 3935, A bill for an act relating
to housing; providing for the licensure of industrialized-modular building
contractors and salespeople; amending Minnesota Statutes 2004, sections 326.83,
by adding subdivisions; 326.84, subdivisions 1, 1b, 3.
����� The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
����� Simpson introduced:
����� H. F. No. 3936, A bill for an act relating
to health; establishing backflow prevention at campgrounds; proposing coding
for new law in Minnesota Statutes, chapter 144.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Demmer introduced:
����� H. F. No. 3937, A bill for an act relating
to game and fish; modifying restrictions on using artificial lights to locate
animals; amending Minnesota Statutes 2004, section 97B.081, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Environment and Natural Resources.
����� Howes introduced:
����� H. F. No. 3938, A bill for an act relating
to public safety; authorizing the sale and use of certain fireworks; providing
licenses; proposing coding for new law in Minnesota Statutes, chapter 624.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Johnson, J., introduced:
����� H. F. No. 3939, A bill for an act proposing
an amendment to the Minnesota Constitution by adding a section to article XI;
restricting the use of state funds for abortion services.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Hoppe introduced:
����� H. F. No. 3940, A bill for an act relating
to liquor; allowing Minnesota farm wineries to produce certain fortified wines;
amending Minnesota Statutes 2004, sections 340A.101, subdivision 11, by adding
a subdivision; 340A.315, subdivisions 1, 2, 3, 4.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Nelson, M.; Smith; Hilstrom; Johnson, J.;
Peterson, N.; Lieder; Entenza and Hortman introduced:
����� H. F. No. 3941, A bill for an act relating
to public safety; increasing 911 emergency telecommunications service fee;
providing for completion of statewide public safety radio communication system;
authorizing sale of state 911 revenue bonds; appropriating money; amending
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Urdahl and Hosch introduced:
����� H. F. No. 3942, A bill for an act relating
to education finance; authorizing a fund transfer for Independent School
District No. 463, Eden Valley-Watkins.
����� The bill was read for the first time and
referred to the Committee on Education Finance.
����� Peterson, S.; Klinzing; Slawik; Meslow;
Sykora; Greiling; Ruud; Carlson and Dittrich introduced:
����� H. F. No. 3943, A bill for an act relating
to education; establishing a pilot program to use child-relevant American sign
language to facilitate young children's development of second language learning
and stronger literacy and verbal skills; appropriating money.
����� The bill was read for the first time and
referred to the Committee on Education Policy and Reform.
����� Slawik and Gunther introduced:
����� H. F. No. 3944, A bill for an act relating
to human services; modifying child care assistance parent fees; amending
Minnesota Statutes 2004, section 119B.12, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Thissen and Westrom introduced:
����� H. F. No. 3945, A bill for an act relating
to energy; extending eligibility to receive renewable energy production
incentive under certain circumstances; amending Minnesota Statutes 2004,
section 216C.41, subdivision 4; Minnesota Statutes 2005 Supplement, section
216C.41, subdivision 3.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Westrom introduced:
����� H. F. No. 3946, A bill for an act relating
to state lands; authorizing private sale of certain tax-forfeited land in
Stevens County.
����� The bill was read for the first time and
referred to the Committee on Environment and Natural Resources.
����� Cornish introduced:
����� H. F. No. 3947, A bill for an act relating
to the Rural Policy and Development Center; requiring a biennial report to the
legislature; amending Minnesota Statutes 2004, section 116J.421, by adding a
subdivision.
����� The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development.
����� Emmer introduced:
����� H. F. No. 3948, A bill for an act relating
to elections; exempting on a onetime basis municipalities in a county that
filed a county plan pursuant to Laws 2005, chapter 162, section 35, from the
requirements of Minnesota Statutes, section 206.82; implementing in law the
requirements of a federal court order regarding the use of tribal
identification; providing for a registration deadline for special elections;
providing for a uniform and consistent oath to be signed by voters in an
election; amending Minnesota Statutes 2004, section 201.061, subdivision 1;
Minnesota Statutes 2005 Supplement, sections 201.061, subdivision 3; 204C.10;
206.82, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Thissen introduced:
����� H. F. No. 3949, A bill for an act relating
to human services; providing limited medical assistance coverage for
individuals eligible for Medicare Part D; amending Minnesota Statutes 2004,
section 256B.0625, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Lesch introduced:
����� H. F. No. 3950, A bill for an act relating
to civil actions; regulating structured settlement transfers; amending
Minnesota Statutes 2004, sections 549.30, subdivision 6, by adding a subdivision;
549.31, subdivision 1; 549.32, by adding subdivisions.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� DeLaForest; Nelson, P., and Fritz
introduced:
����� H. F. No. 3951, A bill for an act relating
to transportation; regulating contracts; prohibiting indemnification
provisions; proposing coding for new law in Minnesota Statutes, chapter 221.
����� The bill was read for the first time and
referred to the Committee on Transportation.
����� Newman, Urdahl and Sykora introduced:
����� H. F. No. 3952, A bill for an act relating
to education finance; placing a one-year moratorium on certain school district
building projects for school districts serving fewer than 500 pupils.
����� The bill was read for the first time and referred
to the Committee on Education Finance.
����� Demmer and Juhnke introduced:
����� H. F. No. 3953, A bill for an act relating
to the environment; modifying environmental review exemption for feedlots;
amending Minnesota Statutes 2004, section 116D.04, subdivision 2a.
����� The bill was read for the first time and
referred to the Committee on Environment and Natural Resources.
����� Hilstrom introduced:
����� H. F. No. 3954, A bill for an act relating
to public safety; clarifying security responsibilities of Capitol Security
Division of Department of Public Safety; amending Minnesota Statutes 2004,
section 299E.01, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Solberg and Anderson, I., introduced:
����� H. F. No. 3955, A bill for an act relating
to local government; authorizing the creation of the Lakeview Cemetery
Association; authorizing a tax levy.
����� The bill was read for the first time and
referred to the Committee on Local Government.
����� Kelliher introduced:
����� H. F. No. 3956, A resolution memorializing
the Congress of the United States to repeal the No Child Left Behind
requirements in the schools.
����� The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
����� Erhardt and Peterson, N., introduced:
����� H. F. No. 3957, A bill for an act relating
to corporate franchise taxation; accelerating adoption of single sales
apportionment; amending Minnesota Statutes 2005 Supplement, section 290.191,
subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Erhardt and Peterson, N., introduced:
����� H. F. No. 3958, A bill for an act relating
to taxes; individual income; adjusting alternative minimum tax exemption
amounts and phaseout thresholds for inflation; amending Minnesota Statutes
2004, section 290.091, subdivision 3.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Erhardt and Peterson, N., introduced:
����� H. F. No. 3959, A bill for an act relating
to sales and excise taxes; reducing June accelerated payments; amending
Minnesota Statutes 2004, sections 289A.60, subdivision 15; 297F.09, subdivision
10; 297G.09, subdivision 9; Minnesota Statutes 2005 Supplement, section
289A.20, subdivision 4.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Simpson; Dorman; Vandeveer; Mullery;
Nelson, P.; Davnie; Brod; Marquart and Lanning introduced:
����� H. F. No. 3960, A bill for an act relating
to taxation; extending the application of the 4d property tax classification;
amending Minnesota Statutes 2005 Supplement, section 273.128, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Fritz introduced:
����� H. F. No. 3961, A bill for an act relating
to taxation; income; providing a credit for nursing home residents; modifying
the tax treatment of income of foreign operating corporation; appropriating
money; amending Minnesota Statutes 2004, section 290.17, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 290.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Mullery introduced:
����� H. F. No. 3962, A bill for an act relating
to property tax refunds; providing for payment of refunds when the claimant
dies; amending Minnesota Statutes 2004, section 290A.18, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Ruud, Davnie, Sieben and Hilstrom
introduced:
����� H. F. No. 3963, A bill for an act relating
to consumer protection; regulating the disclosure of personal information by
data warehouses; providing notice content requirements; removing an exemption
for financial institutions and health care entities; amending Minnesota
Statutes 2005 Supplement, section 325E.61, subdivision 1, by adding a
subdivision; repealing Minnesota Statutes 2005 Supplement, section 325E.61,
subdivision 4.
����� The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
����� Abeler; Westerberg; Sertich; Nelson, M.;
Mahoney; Clark; Nornes; Tingelstad and Lanning introduced:
����� H. F. No. 3964, A bill for an act relating
to human services; appropriating money for community action grants.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Dill introduced:
����� H. F. No. 3965, A bill for an act relating
to taxes; authorizing the city of Ely to impose a local sales and use tax.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Sieben introduced:
����� H. F. No. 3966, A bill for an act relating
to health; requiring the commissioner of health to develop health risk limits
for perfluorooctanoic acid and perfluorooctane sulfonate.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Thissen introduced:
����� H. F. No. 3967, A bill for an act relating
to transportation; adding requirements for regular route transit provided by
Metropolitan Council; proposing coding for new law in Minnesota Statutes,
chapter 473.
����� The bill was read for the first time and
referred to the Committee on Transportation.
����� Solberg; Anderson, I., and Moe introduced:
����� H. F. No. 3968, A bill for an act relating
to local government; authorizing Itasca County to establish a revolving loan
fund to upgrade failing septic systems.
����� The bill was read for the first time and
referred to the Committee on Local Government.
����� Loeffler and Goodwin introduced:
����� H. F. No. 3969, A bill for an act relating
to commerce; directing the Department of Commerce to develop a plan to license
individual employees of mortgage originators; appropriating money.
����� The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
����� Thissen introduced:
����� H. F. No. 3970, A bill for an act relating
to human services; requiring foster care providers to annually provide mental
health training; proposing coding for new law in Minnesota Statutes, chapter
245A.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Thissen and Simon introduced:
����� H. F. No. 3971, A bill for an act relating
to state government; requiring state agencies to use open data formats;
amending Minnesota Statutes 2005 Supplement, sections 16E.03, subdivision 1;
16E.04, subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Hilty and Soderstrom introduced:
����� H. F. No. 3972, A bill for an act relating
to taxation; sales and use; exempting construction materials and equipment used
to construct the Pine County Judicial Center; amending Minnesota Statutes 2004,
section 297A.71, by adding a subdivision; Minnesota Statutes 2005 Supplement,
section 297A.75, subdivisions 1, 2, 3.
����� The bill was read for the first time and
referred to the Committee on Taxes.
����� Peterson, A.; Clark; Davnie; Hilty;
Hansen; Lesch; Johnson, S.; Fritz and Thissen introduced:
����� H. F. No. 3973, A bill for an act relating
to utilities; requiring utility bills to show energy costs; proposing coding
for new law in Minnesota Statutes, chapter 325E.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Kahn introduced:
����� H. F. No. 3974, A bill for an act relating
to state government; creating a task force to study the design of the state
flag.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Urdahl, Abeler and Latz introduced:
����� H. F. No. 3975, A bill for an act relating
to higher education; providing supplemental funding for the University of
Minnesota; appropriating money.
����� The bill was read for the first time and
referred to the Committee on Higher Education Finance.
����� Sertich introduced:
����� H. F. No. 3976, A bill for an act relating
to human services; establishing the work participation rate enhancement
program; amending Minnesota Statutes 2004, sections 119B.011, by adding a
subdivision; 119B.05, subdivision 1; 256J.021; 256J.08, subdivision 65;
256J.521, subdivisions 1, 2; 256J.53, subdivision 2, by adding a subdivision;
256J.626, subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota
Statutes, chapter 256J.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Eken and Moe introduced:
����� H. F. No. 3977, A bill for an act relating
to game and fish; modifying prohibitions on use of lights to take fish;
amending Minnesota Statutes 2004, section 97C.335.
����� The bill was read for the first time and
referred to the Committee on Environment and Natural Resources.
����� Vandeveer introduced:
����� H. F. No. 3978, A bill for an act relating
to commerce; regulating building contractors; strengthening the protection
provided by homeowner warranties; amending Minnesota Statutes 2004, sections
60A.08, subdivision 6, by adding a subdivision; 60A.198, subdivision 2; 326.89,
subdivision 2; 326.91, subdivision 1, by adding a subdivision; 326.94,
subdivision 2.
����� The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
����� Huntley, Thissen, Otremba, Walker and Thao
introduced:
����� H. F. No. 3979, A bill for an act relating
to health care; creating a prescription drug discount program; expanding the
benefit set for single adults; increasing the eligibility income limit for
single adults; increasing the cap for inpatient hospitalization benefits for
adults; modifying the definition of income for self-employed farmers;
establishing a small employer option; amending Minnesota Statutes 2004,
sections 256L.03, subdivision 3; 256L.04, subdivision 7; Minnesota Statutes
2005 Supplement, sections 256L.01, subdivision 4; 256L.03, subdivisions 1, 5;
256L.07, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 256; 256L; repealing Minnesota Statutes 2005 Supplement, section
256L.035.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Lieder introduced:
����� H. F. No. 3980, A bill for an act relating
to state lands; authorizing private sale and conveyance of certain
tax-forfeited lands that border public water in Marshall County.
����� The bill was read for the first time and
referred to the Committee on Environment and Natural Resources.
����� Sieben and Ruud introduced:
����� H. F. No. 3981, A bill for an act relating
to health; requiring the commissioner of health to provide information on the
dangers of jewelry containing lead and prohibiting the sale of jewelry
containing lead; amending Minnesota Statutes 2004, section 144.9503,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter
325E.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Paulsen, McNamara and Garofalo introduced:
����� H. F. No. 3982, A bill for an act relating
to state government; requiring state agencies to use open source software for
creation of public documents; proposing coding for new law in Minnesota
Statutes, chapter 16E.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Newman introduced:
����� H. F. No. 3983, A bill for an act relating
to the environment; appropriating money for the Cedar Mills wastewater
treatment system.
����� The bill was read for the first time and
referred to the Committee on Agriculture, Environment and Natural Resources
Finance.
����� Thissen introduced:
����� H. F. No. 3984, A bill for an act relating
to workers' compensation; specifying that a personal injury caused by the gross
negligence of an employer is not covered by the workers' compensation system;
amending Minnesota Statutes 2004, section 176.011, subdivision 16.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Thissen introduced:
����� H. F. No. 3985, A bill for an act relating
to workers' compensation; requiring the commissioner of labor and industry to
treat thoracic, rib, chest, and crush injuries like a broken spine for purposes
of disability schedules; amending Minnesota Statutes 2004, section 176.105, by
adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Thissen introduced:
����� H. F. No. 3986, A bill for an act relating
to workers' compensation; specifying that employers may require an employee to
receive treatment and supplies under a certified managed care plan only if the
employee's injury occurs on or after the date that the employer implemented the
use of a managed care plan; amending Minnesota Statutes 2005 Supplement,
section 176.135, subdivision 1.
����� The bill was read for the first time and
referred to the Committee on Civil Law and Elections.
����� Johnson, J., introduced:
����� H. F. No. 3987, A bill for an act relating
to appropriations; appropriating and transferring money and supplementing or
reducing appropriations for various state agencies, programs, or activities;
establishing, regulating, or modifying certain programs or activities;
requiring studies and reports; amending Laws 2005, chapter 136, article 1,
sections 10; 13, subdivision 3.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
����� Dean introduced:
����� H. F. No. 3988, A bill for an act relating
to health; modifying provision in the Women's Right To Know Act; amending
Minnesota Statutes 2004, section 145.4241, by adding subdivisions; Minnesota
Statutes 2005 Supplement, section 145.4242.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Severson, Haws and Hosch introduced:
����� H. F. No. 3989, A bill for an act relating
to health; changing the operating payment rates of certain nursing facilities;
amending Minnesota Statutes 2004, section 256B.431, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
����� Severson introduced:
����� H. F. No. 3990, A bill for an act relating
to local government; permitting political subdivisions to fly the American flag
at half-staff on certain occasions; proposing coding for new law in Minnesota
Statutes, chapter 1.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Dempsey introduced:
����� H. F. No. 3991, A bill for an act relating
to transportation; extending life of Mississippi River Parkway Commission to
2016; amending Minnesota Statutes 2005 Supplement, section 161.1419,
subdivision 8.
����� The bill was read for the first time and
referred to the Committee on Transportation.
����� Thissen introduced:
����� H. F. No. 3992, A bill for an act relating
to education; creating a state grant program to pay for a portion of the
facility costs of certain community partnership programs; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 123B.
����� The bill was read for the first time and
referred to the Committee on Education Policy and Reform.
����� Sertich introduced:
����� H. F. No. 3993, A bill for an act relating
to child care; modifying training requirements; amending Minnesota Statutes
2004, sections 245A.023; 245A.14, by adding a subdivision; Minnesota Statutes
2005 Supplement, section 245A.14, subdivision 12.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Nornes introduced:
����� H. F. No. 3994, A bill for an act relating
to taxes; authorizing Independent School District No. 544, Fergus Falls, to
impose a local sales and use tax and a motor vehicle excise tax.
����� The bill was read for the first time and
referred to the Committee on Taxes.
CONSENT CALENDAR
����� H. F. No. 2892, A bill for an act relating
to higher education; authorizing the Minnesota State Colleges and Universities
Board of Trustees to construct an academic building in Mankato.
����� 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 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� The bill was passed and its title agreed
to.
����� H. F. No. 3670, A bill for an act relating
to agriculture; changing certain food law provisions; amending Minnesota
Statutes 2004, sections 25.33, subdivision 11; 25.39, subdivisions 2, 3; 25.40;
25.41, subdivisions 1, 2, 4, 7, by adding a subdivision; 25.42, subdivision 1.
����� 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 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� The bill was passed and its title agreed
to.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
����� Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Calendar for the Day for Monday, March 27, 2006:
����� H. F. Nos. 3039, 3027,
2680, 3063 and 2645.
CALENDAR FOR THE DAY
����� H. F. No. 3039, A bill for an act relating
to natural resources; providing for extension of timber permits in the event of
adverse surface conditions; amending Minnesota Statutes 2004, section 90.041,
by adding a subdivision.
����� The bill was read for the third time and placed
upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
����� The bill was passed and its title agreed
to.
����� H. F. No. 3027, A bill for an act relating
to counties; modifying nonconforming use provisions; amending Minnesota
Statutes 2004, section 394.36, subdivision 1.
����� 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 94 yeas and 39 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Lesch
Lieder
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Seifert
Severson
Sieben
Simon
Simpson
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who
voted in the negative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dorn
Ellison
Entenza
Goodwin
Greiling
Hansen
Hausman
Hornstein
Huntley
Jaros
Johnson, S.
Kahn
Kelliher
Latz
Lenczewski
Liebling
Lillie
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Otremba
Paymar
Peterson, A.
Peterson, S.
Rukavina
Scalze
Sertich
Slawik
Thao
Wagenius
Walker
����� The bill was passed and its title agreed
to.
����� Davids was excused for the remainder of
today's session.
����� H. F. No. 2680 was reported
to the House.
MOTION TO RE-REFER
����� Carlson moved that
H. F. No. 2680 be re-referred to the Committee on Higher
Education Finance.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Carlson
motion and the roll was called.� There
were 67 yeas and 65 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Urdahl
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Not having received a majority vote of the
whole House, the motion did not prevail.
����� H. F. No. 2680, A bill for an act relating
to education; providing teacher training for qualified professionals; proposing
coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota
Statutes 2004, section 122A.24.
����� 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 62 yeas and 70 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Urdahl
Wagenius
Walker
Welti
����� The bill was not passed.
����� Paulsen moved that the remaining bills on
the Calendar for the Day be continued.�
The motion prevailed.
MOTIONS AND RESOLUTIONS
����� Abrams moved that the name of Juhnke be
added as an author on H. F. No. 33.� The motion prevailed.
����� Abrams moved that the name of Juhnke be
added as an author on H. F. No. 263.� The motion prevailed.
����� Demmer moved that the name of Ruth be
added as an author on H. F. No. 1412.� The motion prevailed.
����� Greiling moved that her name be stricken
as an author on H. F. No. 1505.�
The motion prevailed.
����� Thissen moved that his name be stricken as
an author on H. F. No. 1505.�
The motion prevailed.
����� Davnie moved that the name of Liebling be
added as an author on H. F. No. 1943.� The motion prevailed.
����� Huntley moved that the name of Lillie be
added as an author on H. F. No. 2151.� The motion prevailed.
����� Sieben moved that the name of Lillie be
added as an author on H. F. No. 2691.� The motion prevailed.
����� Johnson, J., moved that the name of
Westrom be added as an author on H. F. No. 2846.� The motion prevailed.
����� Greiling moved that the name of Ruud be
added as an author on H. F. No. 2975.� The motion prevailed.
����� Abrams moved that the names of Ruud and
Cox be added as authors on H. F. No. 2987.� The motion prevailed.
����� Sieben moved that her name be stricken as
an author on H. F. No. 3017.�
The motion prevailed.
����� Nelson, P., moved that the names of
Erickson and Eastlund be added as authors on
H. F. No. 3050.� The
motion prevailed.
����� Buesgens moved that the name of Wilkin be
added as an author on H. F. No. 3063.� The motion prevailed.
����� Abrams moved that the name of Magnus be
added as an author on H. F. No. 3079.� The motion prevailed.
����� Abeler moved that the name of Ruud be
added as an author on H. F. No. 3222.� The motion prevailed.
����� Kohls moved that the name of Hoppe be
added as an author on H. F. No. 3263.� The motion prevailed.
����� Abrams moved that the names of Lillie and
Hortman be added as authors on H. F. No. 3268.� The motion prevailed.
����� Hoppe moved that the names of Lenczewski
and Lillie be added as authors on H. F. No. 3272.� The motion prevailed.
����� Beard moved that the name of Ruth be added
as an author on H. F. No. 3287.�
The motion prevailed.
����� Cox moved that the name of Lenczewski be
added as an author on H. F. No. 3323.� The motion prevailed.
����� Gunther moved that the name of Cybart be
added as an author on H. F. No. 3327.� The motion prevailed.
����� Haws moved that the name of Severson be
added as an author on H. F. No. 3329.� The motion prevailed.
����� Lanning moved that the name of Lenczewski
be added as an author on H. F. No. 3336.� The motion prevailed.
����� Tingelstad moved that the name of Juhnke
be added as an author on H. F. No. 3440.� The motion prevailed.
����� Westerberg moved that the name of Haws be
added as an author on H. F. No. 3484.� The motion prevailed.
����� Sailer moved that the name of Clark be
added as an author on H. F. No. 3500.� The motion prevailed.
����� Brod moved that the name of Scalze be
added as an author on H. F. No. 3502.� The motion prevailed.
����� Severson moved that the name of Hosch be
added as an author on H. F. No. 3547.� The motion prevailed.
����� McNamara moved that the name of Magnus be
added as an author on H. F. No. 3612.� The motion prevailed.
����� Penas moved that the names of Erickson and
Soderstrom be added as authors on H. F. No. 3614.� The motion prevailed.
����� Olson moved that the name of Lillie be added
as an author on H. F. No. 3640.�
The motion prevailed.
����� Holberg moved that the name of Paulsen be
added as an author on H. F. No. 3657.� The motion prevailed.
����� Johnson, J., moved that the name of Simon
be added as an author on H. F. No. 3660.� The motion prevailed.
����� Davnie moved that the name of Lenczewski
be added as an author on H. F. No. 3680.� The motion prevailed.
����� Davnie moved that the name of Lenczewski
be added as an author on H. F. No. 3685.� The motion prevailed.
����� Hortman moved that the name of Lenczewski
be added as an author on H. F. No. 3686.� The motion prevailed.
����� Sykora moved that the name of Lenczewski
be added as an author on H. F. No. 3687.� The motion prevailed.
����� Abeler moved that the name of Lenczewski
be added as an author on H. F. No. 3694.� The motion prevailed.
����� Marquart moved that the name of Lenczewski
be added as an author on H. F. No. 3695.� The motion prevailed.
����� Hansen moved that the names of Lenczewski
and Sieben be added as authors on H. F. No. 3705.� The motion prevailed.
����� Walker moved that the name of Simon be
added as an author on H. F. No. 3708.� The motion prevailed.
����� Hackbarth moved that the names of McNamara
and Lenczewski be added as authors on H. F. No. 3712.� The motion prevailed.
����� Hornstein moved that the name of Lillie be
added as an author on H. F. No. 3718.� The motion prevailed.
����� Meslow moved that the name of Ruud be
added as an author on H. F. No. 3725.� The motion prevailed.
����� Eken moved that the name of Clark be added
as an author on H. F. No. 3733.�
The motion prevailed.
����� Erhardt moved that the name of Lenczewski
be added as an author on H. F. No. 3756.� The motion prevailed.
����� Howes moved that the name of Slawik be
added as an author on H. F. No. 3776.� The motion prevailed.
����� Tingelstad moved that the names of
Lenczewski and Juhnke be added as authors on
H. F. No. 3781.� The
motion prevailed.
����� Newman moved that the name of Lillie be
added as an author on H. F. No. 3808.� The motion prevailed.
����� Latz moved that the name of Ruud be added
as an author on H. F. No. 3829.�
The motion prevailed.
����� Klinzing moved that the name of Lenczewski
be added as an author on H. F. No. 3854.� The motion prevailed.
����� Wardlow moved that the name of Lillie be
added as an author on H. F. No. 3855.� The motion prevailed.
����� Kelliher moved that the name of Lenczewski
be added as an author on H. F. No. 3864.� The motion prevailed.
����� Sertich moved that the names of
Lenczewski, Dittrich, Larson and Ruud be added as authors on
H. F. No. 3873.� The
motion prevailed.
����� Haws moved that his name be stricken as an
author on H. F. No. 3874.�
The motion prevailed.
����� Meslow moved that the names of Charron,
Ruud, Lenczewski and Dittrich be added as authors on
H. F. No. 3880.� The
motion prevailed.
����� Peterson, A., moved that the names of
Sieben; Ruud; Moe; Latz; Mahoney; Lenczewski; Hausman; Dittrich; Hortman;
Loeffler; Wagenius; Hansen; Cox; Koenen; Clark; Hilstrom; Greiling; Scalze;
Nelson, M.; Johnson, R.; Abeler; Liebling; Carlson and Fritz be added as
authors on H. F. No. 3883.�
The motion prevailed.
����� Sailer moved that the name of Moe be added
as an author on H. F. No. 3886.�
The motion prevailed.
����� Hosch moved that the names of Lenczewski
and Moe be added as authors on H. F. No. 3893.� The motion prevailed.
����� Hosch moved that the name of Moe be added
as an author on H. F. No. 3895.�
The motion prevailed.
����� Hosch moved that the name of Moe be added
as an author on H. F. No. 3896.�
The motion prevailed.
����� Hosch moved that the name of Moe be added
as an author on H. F. No. 3897.�
The motion prevailed.
����� Hosch moved that the names of Scalze,
Lenczewski and Moe be added as authors on H. F. No. 3898.� The motion prevailed.
����� Hosch moved that the name of Moe be added
as an author on H. F. No. 3899.�
The motion prevailed.
����� Hosch moved that the name of Scalze be
added as an author on H. F. No. 3900.� The motion prevailed.
����� Simon moved that the names of Latz, Moe
and Kahn be added as authors on H. F. No. 3909.� The motion prevailed.
����� Moe moved that the names of Koenen, Clark
and Kahn be added as authors on H. F. No. 3915.� The motion prevailed.
����� Cornish moved that
H. F. No. 2775 be recalled from the Committee on Commerce and
Financial Institutions and be re-referred to the Committee on Public Safety
Policy and Finance.� The motion prevailed.
����� Paulsen moved that
H. F. No. 3136 be recalled from the Committee on Higher
Education Finance and be re‑referred to the Committee on Civil Law and
Elections.� The motion prevailed.
����� Cornish moved that
H. F. No. 3141 be recalled from the Committee on Commerce and
Financial Institutions and be re-referred to the Committee on Jobs and Economic
Opportunity Policy and Finance.� The
motion prevailed.
����� Tingelstad moved that
H. F. No. 3244 be recalled from the Committee on Public Safety
Policy and Finance and be re-referred to the Committee on Governmental
Operations and Veterans Affairs.� The
motion prevailed.
����� Urdahl moved that
H. F. No. 3425 be recalled from the Committee on Education
Policy and Reform and be re‑referred to the Committee on Education Finance.� The motion prevailed.
����� Gazelka moved that
H. F. No. 3634 be recalled from the Committee on Environment and
Natural Resources and be re-referred to the Committee on State Government
Finance.� The motion prevailed.
����� McNamara moved that
H. F. No. 3780 be recalled from the Committee on Civil Law and
Elections and be re‑referred to the Committee on Commerce and Financial
Institutions.� The motion prevailed.
����� Latz moved that
H. F. No. 3914 be recalled from the Committee on Civil Law and
Elections and be re-referred to the Committee on Education Policy and
Reform.� The motion prevailed.
����� Cornish moved that
H. F. No. 3947 be recalled from the Committee on Agriculture and
Rural Development and be re-referred to the Committee on Jobs and Economic
Opportunity Policy and Finance.� The
motion prevailed.
����� Haws moved that
H. F. No. 3140 be returned to its author.� The motion prevailed.
MOTION TO REJECT 2006 BUDGET RESOLUTION
����� Kelliher moved that the House reject the
2006 Budget Resolution as adopted by the Committee on Ways and Means on
Wednesday, March 22, 2006.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kelliher
motion and the roll was called.� There
were 68 yeas and 63 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Westrom
����� Those who
voted in the negative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the 2006 Budget Resolution, as adopted
by the Committee on Ways and Means on Wednesday, March 22, 2006, was rejected.
����� Welti moved that H. F. No. 2567 be recalled from
the Committee on Jobs and Economic Opportunity Policy and Finance and be
re-referred to the Committee on Governmental Operations and Veterans
Affairs.� The motion prevailed.
ADJOURNMENT
����� Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Tuesday, March 28, 2006.�
The motion prevailed.
����� Paulsen moved that the House adjourn.� The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Tuesday, March 28, 2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives