STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
THIRTY-EIGHTH DAY
Saint Paul, Minnesota, Monday, April 11, 2005
The House of Representatives convened at 3:30 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
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
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
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailor
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
Zellers
Spk. Sviggum
A quorum was present.
Blaine was excused.
Davnie was excused until 4:05 p.m. Abrams was excused until 4:10 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Powell moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS OF STANDING COMMITTEES
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 468, A bill for an act relating to motor vehicles;
modifying definition of motorized bicycle; amending Minnesota Statutes 2004,
sections 168.011, subdivision 27; 169.01, subdivision 4a; 171.01, subdivision
41.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 498, A bill for an act relating to public safety;
radio communications; expanding and making permanent the sales and use tax
exemption for public safety radio communication system products and services;
expanding definition of subsystems; expanding purposes for public safety radio
communication systems' revenue bonds; increasing dollar limits and clarifying
the kind of subsystem certain revenue bonds may be used for; appropriating
money; amending Minnesota Statutes 2004, sections 297A.70, subdivision 8;
403.21, subdivision 8; 403.27, subdivisions 1, 3.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:
"Section 1.
Minnesota Statutes 2004, section 297A.70, subdivision 8, is amended to
read:
Subd. 8. [REGIONWIDE
PUBLIC SAFETY RADIO COMMUNICATION SYSTEM; PRODUCTS AND SERVICES.] Products and
services including, but not limited to, end user equipment used for
construction, ownership, operation, maintenance, and enhancement of the
backbone system of the regionwide public safety radio communication system
established under sections 403.21 to 403.34, are exempt. For purposes of this subdivision, backbone
system is defined in section 403.21, subdivision 9. This subdivision is effective for purchases, sales, storage, use,
or consumption occurring before August 1, 2005, in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington for use in the
first and second phases of the system, as defined in section 403.21,
subdivisions 3 and 10, and that portion of the third phase of the system as
defined in section 403.21, subdivision 11, that is located in the southeast
district of the State Patrol and the counties of Benton, Sherburne, Stearns,
and Wright."
Page 2, delete section 3 and insert:
"Sec. 3. Minnesota
Statutes 2004, section 403.27, is amended by adding a subdivision to read:
Subd. 1a.
[AUTHORIZATION; THIRD PHASE.] The commissioner of finance, if
requested by a vote of at least two-thirds of all of the members of the
Statewide Radio Board, may authorize the issuance of revenue bonds or other
debt instrument for any of the following purposes:
(1) provide funds for the elements of the third phase of
the statewide public safety radio communication system within the southeast
district of the State Patrol and the counties of Benton, Sherburne, Stearns,
and Wright that the board determines are of regional or statewide benefit and
support mutual aid and emergency medical services communication including, but
not limited to, costs of master controllers of the backbone;
(2) provide funds for the third phase of the public safety radio
communication system within the southeast district of the State Patrol and the
counties of Benton, Sherburne, Stearns, and Wright; and
(3) refund bonds issued under this section."
Page 4, line 15, delete "council" and insert
"commissioner of finance" and delete "1" and
insert "1a"
Page 4, line 16, delete "$......." and insert
"$9,500,000"
Page 4, line 17, delete "council" and insert
"commissioner of finance"
Page 4, line 21, delete "1, paragraph (a), clause (5)"
and insert "1a"
Page 4, delete section 5 and insert:
"Sec. 5. Minnesota
Statutes 2004, section 403.27, subdivision 4, is amended to read:
Subd. 4. [SECURITY.]
The bonds issued under subdivision 1 may be secured by a bond resolution
or a trust indenture entered into by the council with a corporate trustee
within or outside the state which shall define the fee pledged for the payment
and security of the bonds and for payment of all necessary and reasonable debt
service expenses until all the bonds referred to in subdivision 1 are fully
paid or discharged in accordance with law.
The pledge shall be a valid charge on the emergency telephone service
fee provided in chapter 403. No
mortgage of or security interest in any tangible real or personal property
shall be granted to the bondholders or the trustee, but they shall have a valid
security interest in the revenues and bond proceeds received by the council and
pledged to the payment of the bonds as against the claims of all persons in
tort, contract, or otherwise, irrespective of whether the parties have notice
and without possession or filing as provided in the Uniform Commercial Code, or
any other law, subject however to the rights of the holders of any general
obligation bonds issued under section 403.32.
In the bond resolution or trust indenture, the council may make
covenants as it determines to be reasonable for the protection of the
bondholders.
Neither the council, nor any council member, officer, employee,
or agent of the council, nor any person executing the bonds shall be liable
personally on the bonds by reason of their issuance. The bonds are not payable from, and are not a charge upon, any
funds other than the revenues and bond proceeds pledged to their payment. The council is not subject to any liability
on the bonds and has no power to obligate itself to pay or to pay the bonds
from funds other than the revenues and bond proceeds pledged. No holder of bonds has the right to compel
any exercise of the taxing power of the council, except any deficiency tax levy
the council covenants to certify under section 403.31, or any other public
body, to the payment of principal of or interest on the bonds. No holder of bonds has the right to enforce
payment of principal or interest against any property of the council or other
public body other than that expressly pledged for the payment of the bonds.
Sec. 6. Minnesota
Statutes 2004, section 403.27, is amended by adding a subdivision to read:
Subd. 5.
[SECURITY.] The bonds or other debt instrument issued under subdivision
1a may be secured by a bond resolution or a trust indenture entered into by the
commissioner of finance with a corporate trustee within or outside the state
which shall define the fee pledged for the payment and security of the bonds or
other debt instrument and for payment of all necessary and reasonable debt
service expenses until all the bonds or other debt instruments referred to in
subdivision 1a are fully paid or discharged in accordance with law. The pledge shall be a valid charge on the emergency
telephone service fee provided in this chapter. The bonds or other debt instrument shall have a valid security
interest in the revenues and proceeds received by the commissioner of finance
and pledged to the payment of the bonds or other debt instrument as against the
claims of all persons in tort, contract, or otherwise, irrespective of whether
the parties have notice and without possession or filing as provided in the
Uniform Commercial Code, or any other law.
In the bond resolution or trust indenture, the commissioner of finance
may make covenants as may be reasonable for the protection of the bondholders
or other creditor.
The bonds or other debt instrument are not payable from, and
are not a charge upon, any funds other than the revenues and bond or other debt
instrument proceeds pledged to their payment.
The state of Minnesota is not subject to any liability on the bonds and
the commissioner of finance has no power to obligate the state of Minnesota to
pay or to pay the bonds or other debt instruments from funds other than the
revenues and debt instrument proceeds pledged.
No holder of bonds has the right to compel any exercise of the taxing
power of the state of Minnesota, except any deficiency tax levy the
commissioner is authorized to certify under section 403.31, or any other public
body, to the payment of principal of or interest on the bonds or other debt
instrument. No holder of bonds has the
right to enforce payment of principal or interest against any property of the
state of Minnesota or other public body other than that expressly pledged for
the payment of the bonds or other debt instrument.
Sec. 7. Minnesota
Statutes 2004, section 403.30, is amended by adding a subdivision to read:
Subd. 3a.
[APPROPRIATION TRANSFERS.] The commissioner shall transmit to the
commissioner of finance from the approved appropriation of funds provided for
in section 403.30, subdivision 1, the amount necessary to meet debt service
costs and reserves for bonds or other debt instrument issued by the
commissioner of finance pursuant to section 403.27, subdivision 1a.
Sec. 8. [REFUND;
APPROPRIATION.]
If taxes have been paid on purchases exempt under section 1,
upon application of the city or county, a refund equal to the tax paid on the
gross receipts of the exempt items must be paid to the city or county. The city or county must apply for the
refunds on a form prescribed by the commissioner of revenue and must include
sufficient information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, that person must furnish to the city or county a
statement including the cost of the exempt items and the taxes paid on the
items. Claims for refund must be
submitted to the commissioner before January 1, 2006. Interest must be paid on the refund at the rate in Minnesota
Statutes, section 270.76, from 90 days after the date the refund claim is filed
with the commissioner. The amount
necessary to pay the refund required under this section is appropriated for
fiscal year 2006 from the general fund to the commissioner of revenue.
Sec. 9. [EFFECTIVE
DATE.]
Section 1 is effective for sales and purchases made after
November 30, 2003. Sections 2 to 8 are
effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to public safety; radio
communications; modifying sales and use tax exemption for public safety radio
communication system products and services; expanding definition of subsystems;
expanding purposes for public safety radio communication systems' revenue
bonds; increasing dollar limits and clarifying the kind
of subsystem certain revenue bonds may be used for; appropriating money;
amending Minnesota Statutes 2004, sections 297A.70, subdivision 8; 403.21,
subdivision 8; 403.27, subdivisions 3, 4, by adding subdivisions; 403.30, by
adding a subdivision."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Capital Investment.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 519, A bill for an act relating to crime prevention
and public safety; gambling; legalizing the game of Texas hold'em under certain
conditions; amending Minnesota Statutes 2004, section 609.761, subdivision 3.
Reported the same back with the following amendments:
Page 1, line 16, strike "and"
Page 1, line 18, before the period, insert "; and
(4) with respect to any Texas hold'em tournament or contest,
the organizer of the tournament or contest must ensure that reasonable
accommodations are made for players with physical disabilities. Accommodations to the table and the cards
shall include, among other things, the announcement of the cards visible to the
entire table and the use of braille cards for players who are blind"
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. 932, A bill for an act relating to human services;
requiring the commissioner to collect residency information on applicants of
certain programs; amending Minnesota Statutes 2004, sections 256.01, by adding
a subdivision; 462A.07, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 19, after the semicolon, insert "and"
Page 1, line 20, delete "; and" and insert a
period
Page 1, delete line 21
Page 2, delete section 2
Amend the title as follows:
Page 1, line 5, delete "sections" and insert
"section" and delete everything after "subdivision" and
insert a period
Page 1, delete line 6
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.
Holberg from the Committee on Transportation Finance to which
was referred:
H. F. No. 946, A bill for an act relating to economic
development; providing for an international economic development zone;
providing tax incentives; requiring a report; appropriating money; amending
Minnesota Statutes 2004, sections 272.02, by adding a subdivision; 290.01,
subdivisions 19b, 29; 290.06, subdivision 2c, by adding a subdivision; 290.067,
subdivision 1; 290.0671, subdivision 1; 290.091, subdivision 2; 290.0921,
subdivision 3; 290.0922, subdivisions 2, 3; 297A.68, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 469.
Reported the same back with the following amendments:
Page 18, line 20, delete "(a)"
Page 18, delete lines 32 to 35
Page 23, line 16, delete "shall" and insert
"may"
Page 23, line 17, before the period, insert ", except
the power to levy property taxes under section 469.053"
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. 952, A bill for an act relating to health; providing
for grants related to positive abortion alternatives; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 145.
Reported the same back with the following amendments:
Page 3, after line 30, insert:
"(g) The following data on participants is private data
on individuals under section 13.02, subdivision 12: all data collected, received, maintained, or disseminated by the
grantee using grant funds awarded by the commissioner under this section."
Page 4, lines 15 and 16, delete
"COMMUNITY HEALTH AND FAMILY PROMOTION" and insert "DEPARTMENT
OF HEALTH"
Page 4, delete lines 17 and 18
Page 4, line 19, delete everything before "Of"
and insert:
"$2,500,000 is appropriated from the general fund to the
commissioner of health in fiscal year 2007 for positive abortion alternatives
under Minnesota Statutes, section 145.4231."
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.
Davids from the Committee on Agriculture and Rural Development
to which was referred:
H. F. No. 1075, A bill for an act relating to agriculture;
establishing the Fertilizer Research Council; providing for a program of
comprehensive research in soil fertility and fertilizer management;
establishing a refundable fee on agricultural fertilizers; amending Minnesota
Statutes 2004, section 18C.425, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[AGRICULTURAL NUTRIENT TASK FORCE.]
(a) There is created an Agricultural Nutrient Task Force
consisting of two members of the senate appointed by the chair of the senate
Committee on Agriculture, Veterans and Gaming; two members of the house of
representatives appointed by the chair of the house Committee on Agriculture
and Rural Development, and at least 15 public members appointed by the
commissioner of agriculture. The public
members must be broadly representative of the diverse range of persons
interested in and knowledgeable about agricultural soil nutrients and must
include representatives of agricultural crop growers, fertilizer retailers,
soil nutrient consultants, and agricultural soil and nutrient researchers. Public members of the task force must serve
without compensation or reimbursement of personal expenses.
(b) The commissioner of agriculture must convene the first
meeting of the task force and must provide office support services to the task
force as needed. The task force may
determine the date, location, and agenda of additional meetings.
(c) The task force must review and make recommendations on
at least the following topics and practices:
(1) the need for research, education, and training in the
selection and application of fertilizer and soil nutrients in the state;
(2) the imposition of a tonnage fee on all agricultural
fertilizer applied in Minnesota and the designated uses of the proceeds from
the fee; and
(3) the desirability of amending
statutes and rules that apply to the selection, purchase, storage, and
application of fertilizer and soil nutrients, including the reasonableness of
rules for their on-farm storage.
(d) On behalf of the task force, not later than February 15,
2006, the commissioner of agriculture shall prepare and deliver to the standing
agriculture policy committees of the senate and the house of representatives a
report and list of recommendations for changes in statutes and rules.
(e) The task force expires June 30, 2006.
Sec. 2. [APPROPRIATION;
AGRICULTURAL NUTRIENT TASK FORCE.]
$....... is appropriated from the general fund to the
commissioner of agriculture in fiscal year 2006 for support of the Agricultural
Nutrient Task Force. Any of this
appropriation that remains unencumbered on July 1, 2006, cancels to the general
fund.
Sec. 3. [EFFECTIVE
DATE.]
Section 1 is effective the day following final enactment for
purposes of making membership appointments to the Agricultural Nutrient Task
Force."
Delete the title and insert:
"A bill for an act relating to agriculture; establishing
the Agricultural Nutrient Task Force; requiring a report; appropriating
money."
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.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 1143, A bill for an act relating to data privacy;
classifying certain investigative and licensing data; amending Minnesota
Statutes 2004, sections 13.3805, by adding a subdivision; 13.46, subdivision 4.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 1266, A bill for an act relating to human services;
modifying discharge plans for offenders with serious and persistent mental
illness; clarifying eligibility for medical assistance for offenders released
for work release; authorizing commissioner of corrections to enter into a
purchasing pool for prescription drugs; allocating housing funds for projects
that provide employment support; amending Minnesota Statutes 2004, sections
241.01, by adding a subdivision; 244.054; 256B.055, by adding a subdivision.
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.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 1272, A bill for an act relating to professional
firms; including marriage and family therapy in the definition of professional
services; allowing marriage and family therapists to practice professional
services in combination; amending Minnesota Statutes 2004, sections 319B.02,
subdivision 19; 319B.40.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 1298, A bill for an act relating to crime prevention;
prohibiting children under the age of 17 from renting or purchasing certain
video games; providing penalties; proposing coding for new law in Minnesota
Statutes, chapter 609.
Reported the same back with the following amendments:
Page 1, line 14, after "game" insert ",
the owner of a retail establishment who rents or sells a restricted video game
to a person under the age of 17, and an employee responsible for the rental or
sale of a restricted video game to a person under the age of 17" and
delete "is" and insert "are" in both places
With the recommendation that the bill be amended and without
further recommendation.
The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 1368, A bill for an act relating to state government;
providing a process for community ownership of the Minnesota Twins; proposing
coding for new law as Minnesota Statutes, chapter 4B.
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. 1402, A bill for an act relating to traffic
regulations; prohibiting operation of cellular telephone in moving motor
vehicle by holder of provisional driver's license or instruction permit;
imposing penalties; proposing coding for new law in Minnesota Statutes, chapter
169.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Public Safety Policy and Finance.
The report was adopted.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 1467, A bill for an act relating to natural
resources; creating the Legislative Council on Minnesota Resources; eliminating
the Legislative Commission on Minnesota Resources; providing for disposition of
certain revenues; appropriating money; amending Minnesota Statutes 2004,
sections 116P.02, by adding a subdivision; 116P.03; 116P.04, subdivision 5;
116P.05, subdivision 1; 116P.07; 116P.08, subdivisions 3, 5, 6, 7, by adding
subdivisions; 116P.09; 116P.10; 116P.11; 116P.12, subdivision 2; 116P.15,
subdivision 2; repealing Minnesota Statutes 2004, sections 116P.02, subdivision
2; 116P.05; 116P.06.
Reported the same back with the following amendments:
Page 1, lines 17 and 18, delete "Legislative Council on
Minnesota Resources" and insert "Minnesota Conservation
Heritage Council"
Pages 2 and 3, delete section 4 and insert:
"Sec. 4.
[116P.061] [MINNESOTA CONSERVATION HERITAGE COUNCIL.]
Subdivision 1.
[MEMBERSHIP.] (a) The Minnesota Conservation Heritage Council is
created pursuant to section 15.012, paragraph (a), and is governed by a council
of 11 members. The terms of members are
six years and until their successors have been appointed. Each member shall be appointed by the
governor with the advice and consent of the senate. Not more than six members shall belong to the same political
party. The governor shall select at
least one member from each congressional district.
(b) To be eligible for appointment to the council, a
prospective member must: (1)
demonstrate expertise and experience in the science, policy, or practice of the
protection, conservation, preservation, and enhancement of the state's air,
water, land, fish, wildlife, and other natural resources; and (2) not be a paid
employee of an organization whose primary mission is the protection,
conservation, preservation, and enhancement of natural resources. Prior service on multimember boards with
grant-making responsibilities or prior experience in the management of a
business enterprise is also recommended.
(c) Except as provided in this section, the terms,
compensation, and removal of members and filling of vacancies on the council
shall be as provided in section 15.0575.
A member may be removed from the council upon a supermajority of eight
votes in favor of the removal of that member.
Subd. 2. [CHAIR;
VICE CHAIR.] The governor shall select a member to serve as chair for a term
concurrent with that of the governor.
If a vacancy occurs in the position of chair, the governor shall select
a new chair to complete the unexpired term.
The chair shall be the principal executive officer of the council and
shall preside at meetings of the council.
The chair shall organize the work of the council and may make assignments
to members, appoint committees, and give direction to the staff. The members of the council shall select a
vice chair.
Subd. 3.
[QUORUM.] Except when otherwise specified, a majority of the council
shall constitute a quorum and the act or decision of a majority of members
present, if at least a quorum is present, shall be the act or decision of the
council. If a vacancy exists on the
council, a majority of the remaining members constitutes a quorum. A supermajority of eight members in favor is
required for: (1) hiring or removing an
executive director for the council, if any; or (2) using funds for debt service
on bonds.
Subd. 4.
[GIFTS.] The council may accept and use grants of money or property
from the United States or other grantors for any purpose pertaining to the
activities of the council. Any money or
property so received is appropriated and dedicated for the purposes for which
it is granted and shall be expended or used solely for such purposes according
to federal laws and regulations pertaining thereto, subject to applicable state
laws and rules as to manner of expenditure or
use. The council may make subgrants of
any money received to other agencies, units of local government, private
individuals, private organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to comply with this section. Lands and interests in lands received may be
sold or exchanged according to chapter 94.
Page 5, delete lines 6 to 9 and insert:
"(b) For the fiscal biennium beginning July 1, 2007,
and each biennium thereafter, the amount of the environment and natural
resources trust fund that is available for appropriation under the terms of the
Minnesota Constitution, article XI, section 14, shall be appropriated by a law
passed by the legislature and signed by the governor to the Department of
Natural Resources for expenditures to be made according to the provisions of
this paragraph. The council shall
submit its recommendations under section 116P.08, subdivision 3, to the
governor for approval or disapproval.
The governor shall notify the commissioner of natural resources of the
council's recommendations that the governor has approved. The commissioner of natural resources shall
allocate funds appropriated under this section in accordance with those
recommendations of the council that are approved by the governor."
Page 5, line 30, after "house" insert "of
representatives"
Page 8, line 13, strike "116P.05" and insert "116P.08"
and strike "2,"
Page 8, line 14, strike everything before the period and insert
"1a"
Page 9, lines 12 and 13, after "house" insert "of
representatives"
Page 12, line 22, delete everything after "the"
and insert "Minnesota Conservation Heritage Council"
Page 13, delete line 6 and insert:
"Minnesota Statutes
2004, sections 116P.061; 116P.07; 116P.08; and 116P.09, are repealed effective
June 30, 2012,"
Amend the title as follows:
Page 1, line 3, delete everything before the semicolon and
insert "Minnesota Conservation Heritage Council"
Page 1, line 8, delete "116P.05,"
Page 1, line 9, delete "subdivision 1;"
Page 1, line 11, after the second semicolon, insert
"proposing coding for new law in Minnesota Statutes, chapter 116P;"
Page 1, line 13, before the period, insert "; 116P.061;
116P.07; 116P.08; 116P.09"
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.
Johnson, J., from the Committee on Civil Law and Elections
to which was referred:
H. F. No. 1532, A bill for an act relating to commerce;
modifying various requirements for licensees of the Department of Commerce;
amending Minnesota Statutes 2004, sections 60K.36, subdivision 2; 60K.37,
subdivision 1; 60K.38, subdivision 1; 60K.39, subdivision 3; 82.31, subdivision
5; 82B.02, by adding a subdivision; 82B.10, subdivision 4; 82B.11, subdivision
6; 82B.13, subdivisions 1, 3, 4, 5; 82B.14; 82B.19, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 45; 82B; repealing Minnesota
Statutes 2004, section 82B.221; Minnesota Rules, part 2808.2200.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1551, A bill for an act relating to education;
establishing notice requirements for student surveys and similar instruments;
proposing coding for new law in Minnesota Statutes, chapter 121A.
Reported the same back with the following amendments:
Page 1, line 13, delete "reveals" and insert
"solicits"
Page 2, line 10, delete "revealed" and insert
"solicited"
With the recommendation that when so amended the bill pass.
The report was adopted.
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 1555, A bill for an act relating to health; modifying
the Minnesota Emergency Health Powers Act; modifying authority of out-of-state
license holders; amending Minnesota Statutes 2004, sections 12.03, subdivision
4d, by adding a subdivision; 12.22, subdivision 2a, by adding a subdivision;
12.31, subdivisions 1, 2; 12.32; 12.34, subdivision 1; 12.381; 12.39; 12.42;
13.3806, subdivision 1a; Laws 2002, chapter 402, section 21, as amended;
proposing coding for new law in Minnesota Statutes, chapter 12.
Reported the same back with the following amendments:
Page 3, line 15, after the period, insert "If the
peacetime emergency occurs on Indian lands, the governor or state director of
emergency management shall consult with tribal authorities before the governor
makes such a declaration. Nothing in
this section shall be construed to limit the governor's authority to act
without such consultation when the situation calls for prompt and timely
action."
With the recommendation that when so amended the bill pass.
The report was adopted.
Davids from the Committee on Agriculture and Rural
Development to which was referred:
H. F. No. 1585, A bill for an act relating to housing;
providing certain manufactured home park exclusions; amending Minnesota
Statutes 2004, section 327.23, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 327.23, is amended by adding a
subdivision to read:
Subd. 2a.
[SEASONAL AGRICULTURAL OPERATIONS.] The term "manufactured home
park" shall not be construed to include up to four manufactured homes
maintained by an individual or a company on premises associated with a seasonal
agricultural operation, in an area zoned agricultural, and used exclusively to
house individuals or families performing labor as defined in section 3121(g) of
the Internal Revenue Code if:
(1) the manufactured homes are equipped with indoor plumbing
facilities and the standards for water and sanitation established in Minnesota
Rules, parts 4630.0600, subpart 1; 4630.0700; 4630.1200; 4630.3500; and
4715.0310 are met;
(2) the manufactured homes provide at least 80 square feet
of indoor living space per inhabitant of each home;
(3) the manufactured homes and their installation comply
with Minnesota Statutes, section 327.34, subdivision 1, and Minnesota Rules,
chapter 1350;
(4) the individual or company maintaining the manufactured
homes, with the assistance and approval of the city or town where the homes are
located, develops and posts in conspicuous locations near the homes, a shelter
or safe evacuation plan in the event of severe weather conditions, such as
tornadoes, high winds, and floods; and
(5) the individual or company maintains the homes in a
clean, orderly, and sanitary condition.
Sec. 2. [EFFECTIVE
DATE.]
Section 1 is effective the day following final enactment."
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. 1640, A bill for an act relating to economic
development; modifying provisions relating to job opportunity building zones
and biotechnology and health sciences industry zone; amending Minnesota
Statutes 2004, sections 272.02, subdivision 64; 289A.56, by adding a
subdivision; 297A.68, subdivisions 37, 38; 469.310, subdivision 11, by adding a
subdivision; 469.316; 469.317; 469.319, subdivision 1, by adding a subdivision;
469.320, subdivision 3; 469.330, subdivision 11; 469.337; 469.340, subdivision
1; repealing Minnesota Statutes 2004, sections 272.02, subdivision 65; 477A.08.
Reported the same back with the following amendments:
Page 2, after line 25, insert:
"Sec. 3. Minnesota
Statutes 2004, section 290.06, is amended by adding a subdivision to read:
Subd. 33.
[REGIONAL INVESTMENT CREDIT.] (a) A credit is allowed against the tax
imposed by this chapter for investment in a qualified regional angel investment
network fund. The credit equals 25
percent of the taxpayer's investment made in the fund, but not to exceed the
lesser of:
(1) the liability for tax under this chapter, including the
applicable alternative minimum tax; or
(2) the taxpayer's share of the amount of the certificate
issued to the fund by the commissioner of employment and economic development
under paragraph (c).
The taxpayer must claim the
credit in the same tax year in which the investment to the fund is made. The credit is allowed only for investments
made to a fund that are made after the fund has been certified by the commissioner
of employment and economic development under paragraph (c).
(b) For purposes of this subdivision, a regional angel
investment network fund means a pool investment fund that:
(1) is organized as a limited liability company and consists
of members who are accredited investors within the meaning of Regulation D of
the Securities and Exchange Commission, Code of Federal Regulations, title 17,
section 230.501(a); or consists of members that are not accredited investors
that make equity investments or investments in notes that pay interest or other
fixed amounts or any combination of both;
(2) primarily makes investments in emerging and expanding
small business as defined by the Small Business Administration, or cooperative
association as defined in chapter 308B, that are located in local communities
in Minnesota, outside of the metropolitan area, as defined in section 473.121,
subdivision 2, and does not make investments in residential real estate;
(3) has no fewer than five separate investors and no
investor owns more than 25 percent of the outstanding ownership interests in
the fund. For purposes of determining
the number of investors and the ownership interest of an investor under this
clause, the ownership interests of an investor include those of:
(i) the investor's spouse, a child, and sibling; and
(ii) a corporation, partnership, or trust in which the
investor has a controlling equity interest or in which the investor exercises
management control.
(c) Regional angel investment network funds may apply to the
commissioner of employment and economic development for certification as a
qualifying regional angel investment network fund. The application must be in the form and made under procedures
specified by the commissioner of employment and economic development. The commissioner of employment and economic
development may certify up to 20 qualifying funds and provide certificates
entitling investors in the funds to credits under this subdivision of up to
$500,000 for each fund. The
commissioner of employment and economic development must not issue a total
amount of certificates for all funds of more than $10,000,000. In awarding certificates under this
paragraph, the commissioner of employment and economic development shall generally
award them to qualified applicants in the order in which the applications are
received, but shall also seek to certify funds that are broadly dispersed
across the entire state outside of the metropolitan area, as defined in section
473.121, subdivision 2.
(d) Each fund must provide each
investor a statement indicating the investor's share of the credit amount
certified to the fund under paragraph (c) based on the order in which their
investment is made to the fund.
(e) If the amount of the credit under this subdivision for
any taxable year exceeds the limitation under paragraph (a), clause (1), the
excess is a credit carryover to each of the ten succeeding taxable years. The entire amount of the excess unused
credit for the taxable year must be carried first to the earliest of the
taxable years to which the credit may be carried, and then to each successive
year to which the credit may be carried.
The amount of the unused credit which may be added under this paragraph
may not exceed the taxpayer's liability for tax less the credit for the taxable
year.
(f) In awarding certificates under this paragraph, the
commissioner of employment and economic development shall award three
certificates to a pooled investment fund that invests in qualifying small
businesses located in the region of the state that is the focus of the fund and
allocates at least 20 percent of its investments to qualified small businesses
that meet local community needs. To be
a qualifying small business, a business must satisfy the following
requirements:
(1) 51 percent of the ownership interests in the business,
excluding any equity interest of the fund, must be held by residents of the
region; and
(2) the business must pay wages and benefits, measured on a
full-time equivalent basis, to 75 percent or more of its employees equal to 175
percent of the federal poverty level for a family of four. The required award of certificates under
this paragraph cannot exceed the number of applicants qualifying under this
paragraph.
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
Page 2, line 33, after "(b)" insert "For
purposes of this subdivision, aircraft that are operated under a Federal
Aviation Administration Restricted Airworthiness Certificate according to Code
of Federal Regulations, title 14, part 21, section 21.25(b)(3), relating to
aerial surveying, and that are based, maintained, and dispatched from a job
opportunity building zone, and any aerial camera package, including any camera,
computer, and navigation device contained in the package, that is used in the
aircraft, qualify as primarily used or consumed in a job opportunity building
zone if the imagery acquired from the aerial camera package is returned to the
job opportunity building zone for processing.
(c)"
Page 3, line 5, strike "(c)" and insert "(d)"
Page 3, line 8, strike "(d)" and insert "(e)"
Page 3, line 10, delete "(e)" and insert
"(f)"
Renumber the sections in sequence
Amend the title as follows:
Page 1, after line 4, insert "providing an income or
franchise tax credit for investment in a qualified regional angel investment
network fund;"
Page 1, line 6, after the second
semicolon, insert "290.06, by adding a subdivision;"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1655, A bill for an act relating to campaign finance;
broadening the definition of "corporation"; amending Minnesota
Statutes 2004, section 211B.15, subdivision 1.
Reported the same back with the following amendments:
Page 1, after line 20, insert:
"Sec. 2.
[211B.153] [CONTRIBUTIONS FROM GOVERNMENT UNITS.]
A candidate or the treasurer of a candidate's principal
campaign committee must not accept a contribution from any foreign government
or any state or local government unit in this state or in any other state. For purposes of this subdivision,
"government unit" means any state agency, board, commission, or
department; or any county, statutory or home rule charter city, town, school
district, special district, or any local board, commission, district, or
authority created pursuant to law or local ordinance. A candidate or treasurer who accepts a contribution prohibited by
this section or a government unit that makes a contribution prohibited by this
section is subject to a civil penalty not greater than $40,000."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "prohibiting
certain government contributions;"
Page 1, line 4, before the period, insert "; proposing
coding for new law in Minnesota Statutes, chapter 211B"
With the recommendation that when so amended the bill pass.
The report was adopted.
Paulsen from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 1714, A bill for an act relating to state government;
Department of Administration; requiring the design and construction of
memorials to Coya Knutson on the Capitol grounds and in the city of Oklee.
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.
Johnson, J., from the Committee on
Civil Law and Elections to which was referred:
H. F. No. 1717, A bill for an act relating to education;
requiring persons under 18 years of age to attend school as a requirement for
possessing a driver's permit or license; amending Minnesota Statutes 2004,
sections 13.32, subdivisions 1, 3, 8, 9; 120A.22, subdivision 12; 171.04,
subdivision 1; 171.05, subdivisions 2, 2b, 3; 260A.03; proposing coding for new
law in Minnesota Statutes, chapters 120A; 121A; 171.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 13.32, subdivision 1, is amended to
read:
Subdivision 1.
[DEFINITIONS.] As used in this section:
(a) "Continuing truant" means a student under
section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
(b)
"Educational data" means data on individuals maintained by a
public educational agency or institution or by a person acting for the agency
or institution which relates to a student.
Records of instructional personnel which are in the sole
possession of the maker thereof and are not accessible or revealed to any other
individual except a substitute teacher, and are destroyed at the end of the
school year, shall not be deemed to be government data.
Records of a law enforcement unit of a public educational
agency or institution which are maintained apart from education data and are
maintained solely for law enforcement purposes, and are not disclosed to
individuals other than law enforcement officials of the jurisdiction are not
educational data; provided, that education records maintained by the
educational agency or institution are not disclosed to the personnel of the law
enforcement unit. The University of
Minnesota police department is a law enforcement agency for purposes of section
13.82 and other sections of Minnesota Statutes dealing with law enforcement records. Records of organizations providing security
services to a public educational agency or institution must be administered
consistent with section 13.861.
Records relating to a student who is employed by a public
educational agency or institution which are made and maintained in the normal
course of business, relate exclusively to the individual in that individual's
capacity as an employee, and are not available for use for any other purpose
are classified pursuant to section 13.43.
(b) (c) "Habitual truant" means a student
under section 260C.007, subdivision 19, who is absent without lawful excuse
from attendance at school.
(d) "Juvenile justice system" includes
criminal justice agencies and the judiciary when involved in juvenile justice
activities.
(c) (e) "Student" means an individual
currently or formerly enrolled or registered, applicants for enrollment or
registration at a public educational agency or institution, or individuals who
receive shared time educational services from a public agency or institution.
(d) (f) "Substitute teacher" means an
individual who performs on a temporary basis the duties of the individual who
made the record, but does not include an individual who permanently succeeds to
the position of the maker of the record.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota
Statutes 2004, section 13.32, subdivision 8, is amended to read:
Subd. 8. [ACCESS BY
JUVENILE JUSTICE SYSTEM.] (a) Upon request, the following education data shall
be disclosed under subdivision 3, clause (i), to the juvenile justice
system: a student's full name, home
address, telephone number, date of birth; a student's school schedule, daily
attendance record, and photographs, if any; and parents' names, home addresses,
and telephone numbers.
(b) In addition, the existence of the following data about a
student may be disclosed under subdivision 3, clause (i):
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in
dismissal from school under section 121A.45, subdivision 2, clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) theft; or
(5) vandalism or other damage to property.
Any request for access to data under this paragraph must
contain an explanation of why access to the data is necessary to serve the
student.
(c) A principal or chief administrative officer of a school who
receives a request to disclose information about a student to the juvenile
justice system under paragraph (b) shall, to the extent permitted by federal
law, notify the student's parent or guardian by certified mail of the request
to disclose information before disclosing the information. If the student's parent or guardian notifies
the principal or chief administrative officer within ten days of receiving the
certified notice that the parent or guardian objects to the disclosure, the
principal or chief administrative officer must not disclose the
information. The principal or chief administrative
officer must inform the requesting member of the juvenile justice system of the
objection.
(d) A principal or chief administrative officer is not required
to create data under this subdivision.
Information provided in response to a data request under paragraph (b)
shall indicate only whether the data described in paragraph (b) exist. The principal or chief administrative
officer is not authorized under paragraph (b) to disclose the actual data or
other information contained in the student's education record. A principal or chief administrative officer
is not required to provide data that are protected by court order. A principal or chief administrative officer
must respond to a data request within 14 days if no objection is received from
the parent or guardian.
(e) If the school board does not waive the school attendance
requirement for driving privileges, then a principal or chief school
administrator may disclose to the juvenile justice system only the student's
continuing or habitual truancy status.
(f) Nothing in this subdivision shall limit the
disclosure of educational data pursuant to court order.
(f) (g) A school district, its agents, and
employees who provide data in good faith under this subdivision are not liable
for compensatory or exemplary damages or an award of attorney fees in an action
under section 13.08, or other law, or for a penalty under section 13.09.
(g) (h) Section 13.03, subdivision 4, applies
to data that are shared under this subdivision with a government entity. If data are shared with a member of the
juvenile justice system who is not a government entity, the person receiving
the shared data must treat the data consistent with the requirements of this
chapter applicable to a government entity.
(h) (i) A member of the juvenile justice system
who falsely certifies a request for data under this section is subject to the
penalties under section 13.09.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 3. Minnesota
Statutes 2004, section 120A.22, subdivision 12, is amended to read:
Subd. 12. [LEGITIMATE
EXEMPTIONS.] A parent, guardian, or other person having control of a child may
apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may be made to any member of the
board, a truant officer, a principal, or the superintendent. The school district may state in its
school attendance policy that it may ask the student's parent or legal guardian
to verify in writing the reason for the child's absence from school. The board of the district in which the child
resides may approve the application upon the following being demonstrated to
the satisfaction of that board:
(1) that the child's bodily or mental condition is such as to
prevent attendance at school or application to study for the period required;
or, which includes:
(i) child illness, medical, dental, orthodontic, or
counseling appointments;
(ii) family emergencies;
(iii) the death or serious illness or funeral of an
immediate family member;
(iv) active duty in any military branch of the United
States; or
(v) other exemptions included in the district's school
attendance policy;
(2) that for the school years 1988-1989 through 1999-2000
the child has already completed the studies ordinarily required in the 10th
grade and that for the school years beginning with the 2000-2001 school year
the child has already completed the studies ordinarily required to graduate
the child has already completed state and district standards required for
graduation from high school; or
(3) that it is the wish of the parent, guardian, or other
person having control of the child, that the child attend for a period or
periods not exceeding in the aggregate three hours in any week, a school for
religious instruction conducted and maintained by some church, or association
of churches, or any Sunday school association incorporated under the laws of
this state, or any auxiliary thereof.
This school for religious instruction must be conducted and maintained
in a place other than a public school building, and it must not, in whole or in
part, be conducted and maintained at public expense. However, a child may be absent from school on such days as the
child attends upon instruction according to the ordinances of some church.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 4. [120A.23]
[SCHOOL ATTENDANCE REQUIREMENT; DRIVING PRIVILEGES.]
A district school board, board of a state approved
alternative program (SAAP), or charter school board of directors by majority
vote, may waive the school attendance requirement for driving privileges under
section 171.056 for the students it enrolls.
The board must vote to waive the requirement before September 1 of the
initial school year in which the waiver is effective and must immediately
transmit an electronic notice to the Department of Public Safety. If a board intends to rescind its waiver and
require students to comply with the school attendance requirement under section
171.056 for any subsequent school year, the board must vote before September 1
of the school year in which the waiver is initially rescinded and immediately
must transmit an electronic notice to the Department of Public Safety.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 5. [121A.655]
[SCHOOL ATTENDANCE REQUIREMENT; DRIVING PRIVILEGES.]
Students enrolled in a school district, charter school, or
alternative education program that does not waive the school attendance requirement
for driving privileges are subject to section 171.056, among other related
sections.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 6. Minnesota
Statutes 2004, section 171.04, subdivision 1, is amended to read:
Subdivision 1. [PERSONS
NOT ELIGIBLE.] The department shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has a previously
issued valid license from another state or country or the applicant has, for
the 12 consecutive months preceding application, held a provisional license and
during that time has incurred (A) no conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no conviction
for a crash-related moving violation, and (C) not more than one conviction for
a moving violation that is not crash related.
"Moving violation" means a violation of a traffic regulation
but does not include a parking violation, vehicle equipment violation, or warning
citation;
(ii) the application for a license is approved by (A) either
parent when both reside in the same household as the minor applicant or, if
otherwise, then (B) the parent or spouse of the parent having custody or, in
the event there is no court order for custody, then (C) the parent or spouse of
the parent with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in the event a
person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (E) the minor's adult spouse,
adult close family member, or adult employer; provided, that the approval
required by this item contains a verification of the age of the applicant and the
identity of the parent, guardian, adult spouse, adult close family member, or
adult employer; and
(iii) the applicant presents a certification by the person who
approves the application under item (ii), stating that the applicant has driven
a motor vehicle accompanied by and under supervision of a licensed driver at
least 21 years of age for at least ten hours during the period of provisional
licensure; and
(iv) the applicant certifies either (A) the applicant's
school attendance under section 171.056 and the district, charter school, or
alternative education program in which the applicant is currently enrolled, or
(B) that the enrolling district, charter school, or alternative education
program board waived the attendance requirement under section 120A.23;
(2) to any person who is 18 years of age or younger, unless
the person has applied for, been issued, and possessed the appropriate
instruction permit for a minimum of six months, and, with respect to a person
under 18 years of age, a provisional license for a minimum of 12 months;
(3) to any person who is 19 years of age or older, unless that
person has applied for, been issued, and possessed the appropriate instruction
permit for a minimum of three months;
(4) to any person whose license has been suspended during the
period of suspension except that a suspended license may be reinstated during
the period of suspension upon the licensee furnishing proof of financial
responsibility in the same manner as provided in the Minnesota No-Fault Automobile
Insurance Act;
(5) to any person whose license has been revoked except upon
furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act and if otherwise qualified;
(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;
(7) to any person who has been adjudged legally incompetent by
reason of mental illness, mental deficiency, or inebriation, and has not been
restored to capacity, unless the department is satisfied that the person is
competent to operate a motor vehicle with safety to persons or property;
(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has successfully
passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before taking the road
test again;
(9) to any person who is required under the Minnesota No-Fault
Automobile Insurance Act to deposit proof of financial responsibility and who
has not deposited the proof;
(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by the person
would be inimical to public safety or welfare;
(11) to any person when, in the opinion of the commissioner,
the person is afflicted with or suffering from a physical or mental disability
or disease that will affect the person in a manner as to prevent the person
from exercising reasonable and ordinary control over a motor vehicle while
operating it upon the highways;
(12) to a person who is unable to read and understand official
signs regulating, warning, and directing traffic;
(13) to a child for whom a court has ordered denial of driving
privileges under section 260C.201, subdivision 1, or 260B.235, subdivision 5,
until the period of denial is completed; or
(14) to any person whose license has been canceled, during the
period of cancellation.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit or provisional license
on or after that date.
Sec. 7. Minnesota
Statutes 2004, section 171.05, subdivision 2, is amended to read:
Subd. 2. [PERSON LESS
THAN 18 YEARS OF AGE.] (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may issue an
instruction permit to an applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state, or is enrolled
in either:
(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety and that includes
classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program when
the student is receiving full-time instruction in a home school within the
meaning of sections 120A.22 and 120A.24, the student is working toward a
homeschool diploma, the student's status as a homeschool student has been
certified by the superintendent of the school district in which the student
resides, and the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the applicant's
knowledge of traffic laws;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same household as the
minor applicant or, if otherwise, then (ii) the parent or spouse of the parent
having custody or, in the event there is no court order for custody, then (iii)
the parent or spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody of the minor
or, in the event a person under the age of 18 has no living father, mother, or
guardian, or is married or otherwise legally emancipated, then (v) the
applicant's adult spouse, adult close family member, or adult employer;
provided, that the approval required by this clause contains a verification of
the age of the applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; and
(6) certifies either (i) the applicant's school attendance
under section 171.056 and the district, charter school, or alternative
education program in which the applicant is currently enrolled, or (ii) that
the enrolling district, charter school, or alternative education program board
waived the attendance requirement under section 120A.23; and
(7) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the date
of application and may be renewed upon payment of a fee equal to the fee for
issuance of an instruction permit under section 171.06, subdivision 2.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit on or after that date.
Sec. 8. Minnesota
Statutes 2004, section 171.05, subdivision 2b, is amended to read:
Subd. 2b. [INSTRUCTION
PERMIT USE BY PERSON UNDER AGE 18.] (a) This subdivision applies to persons who
have applied for and received an instruction permit under subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the
motor vehicle for a moving violation as defined in section 171.04, subdivision
1. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(d) The permit holder must maintain a
driving record free of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit holder drives a motor vehicle
in violation of the law, the commissioner shall suspend, cancel, or revoke the
permit in accordance with the statutory section violated.
(e) The permit holder must comply with the school attendance
requirement under section 171.056, except when the attendance requirement is
waived under section 120A.23. If the
permit holder does not attend school as required, the commissioner must cancel
the permit under section 171.056.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a driver's instruction permit on or after that date.
Sec. 9. Minnesota
Statutes 2004, section 171.05, subdivision 3, is amended to read:
Subd. 3. [MOTORIZED
BICYCLE.] Notwithstanding any provision in subdivision 1 to the contrary, the
department, upon application and payment of the fee prescribed in section
171.02, subdivision 3, may issue a motorized bicycle instruction permit to an
applicant who is 15 years of age and, who has successfully
completed the written portion of the examination prescribed by the commissioner,
and who certifies either (1) the applicant's school attendance under section
171.056 and the district, charter school, or alternative education program in
which the applicant is currently enrolled, or (2) that the enrolling district,
charter school, or alternative education program board waived the attendance
requirement under section 120A.23.
The holder of this instruction permit who has the permit in possession
may operate a motorized bicycle within one mile of the holder's residence for
the purpose of practicing to take the operator portion of the examination prescribed
by the commissioner.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a motorized bicycle instruction permit on or after
that date.
Sec. 10. [171.056]
[SCHOOL ATTENDANCE REQUIREMENT FOR DRIVER'S INSTRUCTION PERMIT, MOTORIZED
BICYCLE PERMIT, AND PROVISIONAL LICENSE.]
Subdivision 1.
[DEFINITIONS.] (a) As used in this section the terms defined in this
subdivision have the meanings given them.
(b) "Continuing truant" means a student under
section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
(c) "Habitual
truant" means a person under section 260C.101, subdivision 19, who is
absent without lawful excuse from attendance at school.
(d) "High school diploma" means an official record
or document indicating that the student has satisfied the graduation
requirements of that school as defined under section 120A.22, subdivision 4.
(e) "Public school" means a public school, state
approved alternative program (SAAP), or charter school.
(f) "School board" means a public school district
school board, SAAP board, or charter school board of directors.
(g) "School principal" means a principal or chief
administrative officer of a public school.
Subd. 2. [ISSUANCE OR RENEWAL OF DRIVER'S INSTRUCTION
PERMIT, MOTORIZED BICYCLE PERMIT, OR PROVISIONAL LICENSE.] (a)
Notwithstanding any law to the contrary, except when the attendance requirement
is waived under section 120A.23, school attendance is a requirement for issuing
a new driver's instruction permit, motorized bicycle permit, or provisional
license or renewing the permit of a person under age 18. The person meets the school attendance
requirement when the person:
(1) has a high school diploma or general education
development certificate (GED);
(2) has withdrawn from school under section 120A.22,
subdivision 8; or
(3) is enrolled and attending a public school and is not a
continuing truant or habitually truant, is enrolled and attending a nonpublic
school, or is homeschooled.
(b) A person under age 18 who applies for a motorized
bicycle permit, instruction permit, or provisional license must submit
information to the Department of Public Safety in the manner and format it
prescribes documenting that the person has met the requirements of paragraph
(a).
Subd. 3.
[EXPUNGEMENT OF RECORD.] Upon receiving the written or electronic
request of a student who is age 18 or older, the Department of Public Safety
must expunge from the department's motor vehicle records all the student's
truancy data related to the department refusing to issue or canceling the
student's permit or license under this section.
[EFFECTIVE DATE.] This
section is effective September 1, 2005, and applies to all persons under age 18
possessing or applying for a motorized bicycle permit, driver's instruction
permit, or provisional license on or after that date.
Sec. 11. Minnesota
Statutes 2004, section 260C.007, subdivision 6, is amended to read:
Subd. 6. [CHILD IN NEED
OF PROTECTION OR SERVICES.] "Child in need of protection or services"
means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii)
resides with or has resided with a victim of domestic child abuse as defined in
subdivision 5, (iii) resides with or would reside with a perpetrator of
domestic child abuse or child abuse as defined in subdivision 5, or (iv) is a
victim of emotional maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or
other required care for the child's physical or mental health or morals because
the child's parent, guardian, or custodian is unable or unwilling to provide
that care;
(4) is without the special care made necessary by a physical,
mental, or emotional condition because the child's parent, guardian, or
custodian is unable or unwilling to provide that care, including a child in
voluntary placement due solely to the child's developmental disability or
emotional disturbance;
(5) is medically neglected, which includes, but is not limited
to, the withholding of medically indicated treatment from a disabled infant with
a life-threatening condition. The term
"withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment,
including appropriate nutrition, hydration, and medication which, in the
treating physician's or physicians' reasonable medical judgment, will be most
likely to be effective in ameliorating or correcting all conditions, except
that the term does not include the failure to provide treatment other than
appropriate nutrition, hydration, or medication to an infant when, in the
treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and
irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying,
not be effective in ameliorating or correcting all of the infant's
life-threatening conditions, or otherwise be futile in terms of the survival of
the infant; or
(iii) the provision of the treatment would be virtually futile
in terms of the survival of the infant and the treatment itself under the
circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good
cause desires to be relieved of the child's care and custody, including a child
in placement according to voluntary release by the parent under section
260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional,
mental, or physical disability, or state of immaturity of the child's parent,
guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as
to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as
failure to thrive, that have been diagnosed by a physician and are due to
parental neglect;
(11) has engaged in prostitution as defined in section 609.321,
subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense
before becoming ten years old;
(13) is a runaway;
(14) is a continuing or habitual truant;
(15) has been found incompetent to proceed or has been found not
guilty by reason of mental illness or mental deficiency in connection with a
delinquency proceeding, a certification under section 260B.125, an extended
jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty
offense; or
(16) has been found by the court to have committed domestic
abuse perpetrated by a minor under Laws 1997, chapter 239, article 10, sections
2 to 26, has been ordered excluded from the child's parent's home by an order
for protection/minor respondent, and the parent or guardian is either unwilling
or unable to provide an alternative safe living arrangement for the child.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 12. Minnesota
Statutes 2004, section 260C.007, is amended by adding a subdivision to read:
Subd. 8a.
[CONTINUING TRUANT.] "Continuing truant" means a student
under section 260A.02, subdivision 3, who is absent without valid excuse from
instruction in a school.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, section 260C.201, subdivision 1, is
amended to read:
Subdivision 1.
[DISPOSITIONS.] (a) If the court finds that the child is in need of
protection or services or neglected and in foster care, it shall enter an order
making any of the following dispositions of the case:
(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in the home of a
parent of the child under conditions prescribed by the court directed to the
correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who
does not otherwise have legal custody of the child, however, an order under
this section does not confer legal custody on that parent;
(ii) if the court orders the child into the home of a father
who is not adjudicated, he must cooperate with paternity establishment
proceedings regarding the child in the appropriate jurisdiction as one of the
conditions prescribed by the court for the child to continue in his home;
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the noncustodial
and the custodial parent to comply with the requirements of a case plan under
subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In placing a child whose custody has been
transferred under this paragraph, the agencies shall make an individualized
determination of how the placement is in the child's best interests using the
consideration for relatives and the best interest factors in section 260C.212,
subdivision 2, paragraph (b); or
(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special services or care
to treat or ameliorate a physical or mental disability, the court may order the
child's parent, guardian, or custodian to provide it. The court may order the child's health plan company to provide
mental health services to the child.
Section 62Q.535 applies to an order for mental health services directed
to the child's health plan company. If
the health plan, parent, guardian, or custodian fails or is unable to provide
this treatment or care, the court may order it provided. Absent specific written findings by the
court that the child's disability is the result of abuse or neglect by the
child's parent or guardian, the court shall not transfer legal custody of the
child for the purpose of obtaining special treatment or care solely because the
parent is unable to provide the treatment or care. If the court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order that the
diagnosing professional not provide the treatment to the child if it finds that
such an order is in the child's best interests; or
(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of the child, the
court may order a child 16 years old or older to be allowed to live
independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after
consultation with the court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway, or is a continuing or habitual
truant, the court may order any of the following dispositions in addition to or
as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under conditions
prescribed by the court, including reasonable rules for the child's conduct and
the conduct of the parents, guardian, or custodian, designed for the physical,
mental, and moral well-being and behavior of the child; or with the consent of
the commissioner of corrections, place the child in a group foster care
facility which is under the commissioner's management and supervision;
(3) subject to the court's supervision, transfer legal custody
of the child to one of the following:
(i) a reputable person of good moral character. No person may receive custody of two or more
unrelated children unless licensed to operate a residential program under
sections 245A.01 to 245A.16; or
(ii) a county probation officer for placement in a group foster
home established under the direction of the juvenile court and licensed
pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the fine in
a manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency evaluation
and, if warranted by the evaluation, order participation by the child in a drug
awareness program or an inpatient or outpatient chemical dependency treatment
program;
(7) if the court believes that it is in the best interests of
the child and oder of public safety that the child's driver's
license or instruction permit be canceled, the court may order the commissioner
of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child
does not have a driver's license or permit, the court may order a denial of
driving privileges for any period up to the child's 18th birthday. If the child is a continuing or habitual
truant, the court must cancel the child's driving privileges. The court shall forward an order issued
under this clause to the commissioner, who shall cancel the license or permit
or deny driving privileges without a hearing for the period specified by the
court. At any time before the
expiration of the period of cancellation or denial, the court may, for good
cause, order the commissioner of public safety to allow the child to apply for
a license or permit, and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the
child to school at the beginning of each school day for a period of time
specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition
order the same day it makes a finding that a child is in need of protection or
services or neglected and in foster care, but in no event more than 15 days
after the finding unless the court finds that the best interests of the child
will be served by granting a delay. If
the child was under eight years of age at the time the petition was filed, the
disposition order must be entered within ten days of the finding and the court
may not grant a delay unless good cause is shown and the court finds the best
interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated
in need of protection or services because the child is a habitual truant and
truancy procedures involving the child were previously dealt with by a school
attendance review board or county attorney mediation program under section
260A.06 or 260A.07, the court shall order a cancellation or denial of driving
privileges under paragraph (b), clause (7), for any period up to the child's
18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic abuse and been
ordered excluded from the child's parent's home, the court shall dismiss
jurisdiction if the court, at any time, finds the parent is able or willing to
provide an alternative safe living arrangement for the child, as defined in
Laws 1997, chapter 239, article 10, section 2.
(e) When a parent has complied with a case plan ordered under
subdivision 6 and the child is in the care of the parent, the court may order
the responsible social services agency to monitor the parent's continued
ability to maintain the child safely in the home under such terms and
conditions as the court determines appropriate under the circumstances.
[EFFECTIVE DATE.] This
section is effective July 1, 2005."
Delete the title and insert:
"A bill for an act relating to education; requiring
persons under 18 years of age to attend school as a requirement for possessing
a driver's permit or license; amending Minnesota Statutes 2004, sections 13.32,
subdivisions 1, 8; 120A.22, subdivision 12; 171.04, subdivision 1; 171.05,
subdivisions 2, 2b, 3; 260C.007, subdivision 6, by adding a subdivision;
260C.201, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 120A; 121A; 171."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 1730, A resolution memorializing the President and
Congress to support Amtrak funding.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1785, A bill for an act relating to elections;
clarifying certain terms; changing certain registration procedures and
requirements; changing certain election judge duties; providing for delivery of
certain ballots; providing for absentee ballot boards in certain counties;
changing canary ballots; amending Minnesota Statutes 2004, sections 200.02,
subdivisions 7, 23, by adding a subdivision; 201.071, subdivision 1; 201.091,
subdivision 5; 203B.01, subdivision 3; 203B.04, subdivisions 1, 4; 203B.07,
subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20;
203B.21, subdivision 3; 203B.24, subdivision 1; 204B.14, subdivision 2;
204B.16, subdivision 1; 204B.18, subdivision 1; 204B.27, subdivisions 1, 3;
204B.33; 204C.05, subdivision 1a; 204C.28, subdivision 1; 204D.14, subdivision
3; 204D.27, subdivision 5; 205.175, subdivision 2; 205A.09, subdivision 1;
414.01, by adding a subdivision; 447.32, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapters 204C; 205; 205A; 414.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
Section 1. Minnesota
Statutes 2004, section 10A.01, subdivision 5, is amended to read:
Subd. 5. [ASSOCIATED
BUSINESS.] "Associated business" means an association, corporation,
partnership, limited liability company, limited liability partnership, or other
organized legal entity from which the individual receives compensation in
excess of $50, except for actual and reasonable expenses, in any month as a
director, officer, owner, member, partner, employer or employee, or whose
securities the individual holds worth $2,500 or more at fair market value.
Sec. 2. Minnesota
Statutes 2004, section 10A.01, subdivision 9, is amended to read:
Subd. 9. [CAMPAIGN
EXPENDITURE.] "Campaign expenditure" or "expenditure" means
a purchase or payment of money or anything of value, or an advance of credit,
made or incurred for the purpose of influencing the nomination or election of a
candidate or for the purpose of promoting or defeating a ballot question.
"Campaign expenditure" includes payments for
attending a state or national convention and payments for funeral gifts or
memorials.
An expenditure is considered to be made in the year in which
the candidate made the purchase of goods or services or incurred an obligation
to pay for goods or services.
An expenditure made for the purpose of defeating a candidate is
considered made for the purpose of influencing the nomination or election of
that candidate or any opponent of that candidate.
Except as provided in clause (1), "expenditure"
includes the dollar value of a donation in kind.
"Expenditure" does not include:
(1) noncampaign disbursements as defined in subdivision 26;
(2) services provided without compensation by an individual
volunteering personal time on behalf of a candidate, ballot question, political
committee, political fund, principal campaign committee, or party unit; or
(3) the publishing or broadcasting of news items or editorial
comments by the news media.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2004, section 10A.01, is amended by adding a subdivision to read:
Subd. 17c.
[IMMEDIATE FAMILY.] "Immediate family" means an individual and
the individual's spouse, children, parents, and siblings.
Sec. 4. Minnesota
Statutes 2004, section 10A.025, is amended by adding a subdivision to read:
Subd. 1a.
[ELECTRONIC FILING.] A report or statement required to be filed under
this chapter may be filed electronically.
The board shall adopt rules to regulate electronic filing and to ensure
that the electronic filing process is secure.
Sec. 5. Minnesota
Statutes 2004, section 10A.071, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.]
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 10A.01, subdivision
11;
(2) services to assist an official in the performance of
official duties, including but not limited to providing advice, consultation,
information, and communication in connection with legislation, and services to
constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual services
in a field of specialty or to a charitable cause;
(5) a trinket or memento of insignificant with an
actual market value of $15 or less;
(6) informational material of unexceptional value; oder
(7) food or a beverage given at a reception, meal, or meeting
away from the recipient's place of work by an organization before whom the
recipient appears to make a speech or answer questions as part of a program;
or
(8) food or a beverage given at a reception held within the
seven-county metropolitan area while the legislature is in session and to which
all members of the legislature have been invited, and the cost does not exceed
$5 for each legislator.
(b) The prohibitions in this section do not apply if the gift
is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent gift is given to
the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of
the recipient, unless the gift is given on behalf of someone who is not a
member of that family.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 10A.08, is amended to read:
10A.08 [REPRESENTATION DISCLOSURE.]
A public official who represents a client for a fee before an
individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation
in the action to the board within 14 days after the appearance. The board must send a notice by certified
mail to any public official who fails to disclose the participation within 14
days after the appearance. If the
public official fails to disclose the participation within ten business days
after the notice was sent, the board may impose a late filing fee of $5 per
day, not to exceed $100, starting on the 11th day after the notice was
sent. The board must send an
additional notice by certified mail to a public official who fails to disclose
the participation within 14 days after the first notice was sent by the board
that the public official may be subject to a civil penalty for failure to
disclose the participation. A public
official who fails to disclose the participation within seven days after the
second notice was sent by the board is subject to a civil penalty imposed by
the board of up to $1,000.
Sec. 7. Minnesota
Statutes 2004, section 10A.20, subdivision 5, is amended to read:
Subd. 5. [PREELECTION
REPORTS.] In a statewide election any loan, contribution, or contributions from
any one source totaling $2,000 or more, or in any judicial district or
legislative election totaling more than $400, received between the last day
covered in the last report before an election and the election must be reported
to the board in one of the following ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its receipt; oder
(3) by certified mail sent within 48 hours after its receipt;
or
(4) by electronic means sent within 48 hours after its
receipt.
These loans and contributions must also be reported in the next
required report.
The 48-hour notice requirement does not apply with respect to a
primary in which the statewide or legislative candidate is unopposed.
Sec. 8. Minnesota
Statutes 2004, section 10A.27, subdivision 1, is amended to read:
Subdivision 1.
[CONTRIBUTION LIMITS.] (a) Except as provided in subdivision 2, a
candidate must not permit the candidate's principal campaign committee to
accept aggregate contributions made or delivered by any individual, political
committee, or political fund in excess of the following:
(1) to candidates for governor and lieutenant governor running
together, $2,000 in an election year for the office sought and $500 in other
years;
(2) to a candidate for attorney general, $1,000 in an election
year for the office sought and $200 in other years;
(3) to a candidate for the office of secretary of state or
state auditor, $500 in an election year for the office sought and $100 in other
years;
(4) to a candidate for state senator, $500 in an election year
for the office sought and $100 in other years; and
(5) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.
(b) The following deliveries are not subject to the bundling
limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker or a volunteer
who hosts a fund-raising event, to the committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
(c) A lobbyist, political committee, political party
unit, or political fund must not make a contribution a candidate is
prohibited from accepting.
Sec. 9. Minnesota Statutes 2004, section 10A.28, subdivision 2, is
amended to read:
Subd. 2. [EXCEEDING
CONTRIBUTION LIMITS.] A lobbyist, political committee, political fund, political
party unit, or principal campaign committee that makes a contribution, or a
candidate who permits the candidate's principal campaign committee to accept
contributions, in excess of the limits imposed by section 10A.27 is subject to
a civil penalty of up to four times the amount by which the contribution
exceeded the limits.
Sec. 10. Minnesota
Statutes 2004, section 10A.31, subdivision 4, is amended to read:
Subd. 4.
[APPROPRIATION.] (a) The amounts designated by individuals for the state
elections campaign fund, less three percent, are appropriated from the general
fund, must be transferred and credited to the appropriate account in the state
elections campaign fund, and are annually appropriated for distribution as set
forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for
administrative costs.
(b) In addition to the amounts in paragraph (a), $1,500,000 for
each general election is appropriated from the general fund for transfer to the
general account of the state elections campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative Hearings under
section 211B.37 for nonfrivolous complaints. Amounts remaining after all assessments have been paid must be
canceled to the general account.
Sec. 11. Minnesota
Statutes 2004, section 203B.04, is amended by adding a subdivision to read:
Subd. 6.
[ONGOING ABSENTEE STATUS; TERMINATION.] (a) An eligible voter may
apply to a county auditor or municipal clerk for status as an ongoing absentee
voter who reasonably expects to meet the requirements of section 203B.02,
subdivision 1. Each applicant must
automatically be provided with an absentee ballot application for each ensuing
election other than an election by mail conducted under section 204B.45, and
must have the status of ongoing absentee voter indicated on the voter's
registration record.
(b) Ongoing absentee voter status ends on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee ballot as undeliverable;
(4) a change in the voter's status so that the voter is not
eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's registration on inactive status
under section 201.171.
Sec. 12. Minnesota
Statutes 2004, section 204C.24, subdivision 1, is amended to read:
Subdivision 1.
[INFORMATION REQUIREMENTS.] Precinct summary statements shall be
submitted by the election judges in every precinct. For state all elections, the election judges shall
complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:
(a) the number of votes each candidate received or the number
of yes and no votes on each question, the number of undervotes or partially
blank ballots, and the number of overvotes or partially defective ballots with
respect to each office or question;
(b) the number of totally blank
ballots, the number of totally defective ballots, the number of spoiled
ballots, and the number of unused ballots;
(c) the number of individuals who voted at the election in the
precinct;
(d) the number of voters registering on election day in that
precinct; and
(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly piled, checked,
and counted; and that the numbers entered by the election judges on the summary
statements correctly show the number of votes cast for each candidate and for and
against each question.
At least two copies of the summary statement must be prepared
for elections not held on the same day as the state elections.
Sec. 13. Minnesota
Statutes 2004, section 204C.50, subdivision 1, is amended to read:
Subdivision 1.
[SELECTION FOR REVIEW; NOTICE.] (a) Postelection review under this
section must be conducted only on the election for president, senator or
representative in Congress, constitutional offices, and legislative offices.
(b) The Office of the Secretary of State shall, within
three days after each state general election beginning in 2006, randomly select
80 precincts for postelection review as defined in this section. The precincts must be selected so that an
equal number of precincts are selected in each congressional district of the
state. Of the precincts in each
congressional district, at least five must have had more than 500 votes cast,
and at least two must have had fewer than 500 votes cast. The secretary of state must promptly provide
notices of which precincts are chosen to the election administration officials
who are responsible for the conduct of elections in those precincts.
(b) (c) One week before the state general
election beginning in 2006, the secretary of state must post on the office Web
site the date, time, and location at which precincts will be randomly chosen
for review under this section. The
chair of each major political party may appoint a designee to observe the
random selection process.
Sec. 14. Minnesota
Statutes 2004, section 204D.03, subdivision 1, is amended to read:
Subdivision 1. [STATE
PRIMARY.] (a) The state primary shall be held on the first Tuesday after
the second Monday in September in each even-numbered year to select the
nominees of the major political parties for partisan offices and the nominees
for nonpartisan offices to be filled at the state general election, other than
presidential electors.
(b) If in any municipality or county there are no partisan
or nonpartisan offices for which nominees must be selected at the state
primary, no state primary shall be held in the municipality or county. However, no later than 15 days after the
close of filings, the municipal clerk or county auditor in such a municipality
or county must post a notice in the office, and send a copy of the notice to
the secretary of state, stating that no primary will be held in the
municipality or county because there are no partisan or nonpartisan offices for
which nominees must be selected in the municipality or county.
Sec. 15. Minnesota
Statutes 2004, section 206.57, subdivision 5, is amended to read:
Subd. 5. [VOTING SYSTEM
FOR DISABLED VOTERS.] In federal and state elections held after
December 31, 2005, and in county, municipal, and school district
elections held after December 31, 2007, the voting method used in each
polling place must include a voting system that is accessible for individuals
with disabilities, including nonvisual accessibility for the blind and visually
impaired in a manner that provides the same opportunity for access and
participation, including privacy and independence, as for other voters.
Sec. 16. Minnesota Statutes 2004, section 208.03, is amended to read:
208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.]
Presidential electors for the major political parties of this
state shall be nominated by delegate conventions called and held under the
supervision of the respective state central committees of the parties of this
state. On or before primary election
day the chair of the major political party shall certify to the secretary of
state the names of the persons nominated as presidential electors, the names
of eight alternate presidential electors, and the names of the party
candidates for president and vice-president.
Sec. 17. Minnesota
Statutes 2004, section 208.04, subdivision 1, is amended to read:
Subdivision 1. [FORM OF
PRESIDENTIAL BALLOTS.] When presidential electors and alternates are to
be voted for, a vote cast for the party candidates for president and
vice-president shall be deemed a vote for that party's electors and
alternates as filed with the secretary of state. The secretary of state shall certify the names of all duly
nominated presidential and vice-presidential candidates to the county auditors
of the counties of the state. Each
county auditor, subject to the rules of the secretary of state, shall cause the
names of the candidates of each major political party and the candidates
nominated by petition to be printed in capital letters, set in type of the same
size and style as for candidates on the state white ballot, before the party
designation. To the left of, and on the
same line with the names of the candidates for president and vice-president,
near the margin, shall be placed a square or box, in which the voters may
indicate their choice by marking an "X."
The form for the presidential ballot and the relative position
of the several candidates shall be determined by the rules applicable to other
state officers. The state ballot, with
the required heading, shall be printed on the same piece of paper and shall be
below the presidential ballot with a blank space between one inch in width.
Sec. 18. Minnesota
Statutes 2004, section 208.05, is amended to read:
208.05 [STATE CANVASSING BOARD.]
The State Canvassing Board at its meeting on the second Tuesday
after each state general election shall open and canvass the returns made to
the secretary of state for presidential electors and alternates, prepare
a statement of the number of votes cast for the persons receiving votes for
these offices, and declare the person or persons receiving the highest number
of votes for each office duly elected.
When it appears that more than the number of persons to be elected as
presidential electors or alternates have the highest and an equal number
of votes, the secretary of state, in the presence of the board shall decide by
lot which of the persons shall be declared elected. The governor shall transmit to each person declared elected a
certificate of election, signed by the governor, sealed with the state seal,
and countersigned by the secretary of state.
Sec. 19. Minnesota
Statutes 2004, section 208.06, is amended to read:
208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]
The presidential electors and alternate presidential
electors, before 12:00 M. on the day before that fixed by Congress for the
electors to vote for president and vice-president of the United States, shall
notify the governor that they are at the State Capitol and ready at the proper
time to fulfill their duties as electors.
The governor shall deliver to the electors present a certificate of the
names of all the electors. If any
elector named therein fails to appear before 9:00 a.m. on the day, and at the
place, fixed for voting for president and vice-president of the United States, an
alternate, chosen from among the alternates by lot, shall be appointed to act
for that elector. If more than eight
alternates are necessary, the electors present shall, in the presence of
the governor, immediately elect by ballot a person to fill the vacancy. If more than the number of persons required
have the highest and an equal number of votes, the governor, in the presence of
the electors attending, shall decide by lot which of those persons shall be
elected.
Sec. 20. Minnesota Statutes 2004, section 208.07, is amended to read:
208.07 [CERTIFICATE OF ELECTORS.]
Immediately after the vacancies have been filled, the original
electors and alternates present shall certify to the governor the names
of the persons elected to complete their number, and the governor shall at once
cause written notice to be given to each person elected to fill a vacancy. The persons so chosen shall be presidential
electors and shall meet and act with the other electors.
Sec. 21. Minnesota
Statutes 2004, section 208.08, is amended to read:
208.08 [ELECTORS TO MEET AT STATE CAPITOL.]
The original, alternate, and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at the State Capitol
and shall perform all the duties imposed upon them as electors by the
Constitution and laws of the United States and this state.
Each elector, as a condition of having been chosen under the
name of the party of a presidential and a vice-presidential candidate, is
obligated to vote for those candidates.
The elector shall speak aloud or affirm in a nonverbal manner the name
of the candidate for president and for vice-president for whom the elector is
voting and then confirm that vote by written public ballot.
If an elector fails to cast a ballot for the presidential or
vice-presidential candidate of the party under whose name the elector was
chosen, the elector's vote or abstention is invalidated and an alternate
presidential elector, chosen by lot from among the alternates, shall cast a
ballot in the name of the elector for the presidential and vice-presidential
candidate of the party under whose name the elector was chosen. The invalidation of an elector's vote or
abstention on the ballot for president or vice-president does not apply if the
presidential candidate under whose party's name the elector was chosen has
without condition released the elector or has died or become mentally
disabled. The invalidation of an
elector's vote or abstention on the ballot for vice-president does not apply if
the vice-presidential candidate under whose party's name the elector was chosen
has released without condition the elector or has died or become mentally
disabled.
Sec. 22. Minnesota
Statutes 2004, section 211B.13, subdivision 1, is amended to read:
Subdivision 1.
[BRIBERY, ADVANCING MONEY, AND TREATING PROHIBITED.] A person who
willfully, directly or indirectly, advances, pays, gives, promises, or lends
any money, food, liquor, clothing, entertainment, or other thing of monetary
value, or who offers, promises, or endeavors to obtain any money, position,
appointment, employment, or other valuable consideration, to or for a person,
in order to induce a voter to refrain from voting, or to vote in a particular
way, at an election, is guilty of a felony.
This section does not prevent a candidate from stating publicly
preference for or support of another candidate to be voted for at the same
primary or election. Refreshments of
food oder and nonalcoholic beverages of nominal value consumed on
the premises at a private gathering or public meeting or distributed at a
public parade are not prohibited under this section.
Sec. 23. Minnesota
Statutes 2004, section 471.895, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.]
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 211A.01, subdivision
5;
(2) services to assist an official in the performance of
official duties, including but not limited to providing advice, consultation,
information, and communication in connection with legislation, and services to
constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual services
in a field of specialty or to a charitable cause;
(5) a trinket or memento of insignificant with an
actual market value of $5 or less;
(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or meeting
away from the recipient's place of work by an organization before whom the
recipient appears to make a speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift
is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not local officials, and an equivalent gift is
given or offered to the other members of the group;
(2) by an interested person who is a member of the family of
the recipient, unless the gift is given on behalf of someone who is not a
member of that family; or
(3) by a national or multistate organization of governmental
organizations or public officials, if a majority of the dues to the
organization are paid from public funds, to attendees at a conference sponsored
by that organization, if the gift is food or a beverage given at a reception or
meal and an equivalent gift is given or offered to all other attendees.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 24. [REPEALER.]
Minnesota Statutes 2004, section 204C.50, subdivision 7, is
repealed.
Minnesota Rules, parts 4501.0300, subparts 1 and 4;
4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2;
4503.0400, subpart 2; 4503.0500, subpart 9; and 4503.0800, subpart 1, are
repealed.
ARTICLE
2
Section 1. Minnesota
Statutes 2004, section 3.02, is amended to read:
3.02 [EVIDENCE OF MEMBERSHIP.]
For all purposes of organization of either house of the
legislature, a certificate of election to it, duly executed by the secretary of
state, is prima facie evidence of the right to membership of the person named
in it. The secretary of state shall
issue the certificate of election in duplicate and shall file and retain one copy
for the official records of the state and present one copy to each legislator.
Sec. 2. Minnesota
Statutes 2004, section 200.02, subdivision 7, is amended to read:
Subd. 7. [MAJOR
POLITICAL PARTY.] (a) "Major political party" means a political party
that maintains a party organization in the state, political division or
precinct in question and that has presented at least one candidate for election
to the office of:
(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general at the last preceding state general election
for those offices; or
(2) presidential elector or U.S. senator at the last preceding
state general election for presidential electors; and
whose candidate received votes in each county in that election
and received votes from not less than five percent of the total number of
individuals who voted in that election.
(b) "Major political party" also means a political
party that maintains a party organization in the state, political subdivision,
or precinct in question and whose members present to the secretary of state at
any time before the close of filing for the state partisan primary ballot a
petition for a place on the state partisan primary ballot, which petition
contains signatures of a number of the party members equal to at least five
percent of the total number of individuals who voted in the preceding state
general election.
(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in paragraph (a) becomes
a major political party as of January 1 following that election and retains its
major party status notwithstanding that for at least two state
general elections even if the party fails to present a candidate who
receives the number and percentage of votes required under paragraph (a) at the
following subsequent state general election elections.
(d) A major political party whose candidates fail to receive
the number and percentage of votes required under paragraph (a) at either
each of two consecutive state general election elections
described by paragraph (a) loses major party status as of December 31 following
the most recent later of the two consecutive state general election
elections.
Sec. 3. Minnesota
Statutes 2004, section 200.02, subdivision 23, is amended to read:
Subd. 23. [MINOR
POLITICAL PARTY.] (a) "Minor political party" means a political party
that is not a major political party as defined by subdivision 7 and that has
adopted a state constitution, designated a state party chair, held a state
convention in the last two years, filed with the secretary of state no later
than December 31 following the most recent state general election a
certification that the party has met the foregoing requirements, and met the
requirements of paragraph (b) or (e), as applicable.
(b) To be considered a minor party in all elections statewide,
the political party must have presented at least one candidate for election to
the office of:
(1) governor and lieutenant governor, secretary of state, state
auditor, or attorney general, at the last preceding state general election for
those offices; or
(2) presidential elector or U.S. senator at the preceding state
general election for presidential electors; and
who received votes in each
county that in the aggregate equal at least one percent of the total number of
individuals who voted in the election, or its members must have presented to
the secretary of state at any time before the close of filing for the state
partisan primary ballot a nominating petition in a form prescribed by the
secretary of state containing the signatures of party members in a number equal
to at least one percent of the total number of individuals who voted in the
preceding state general election.
(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in paragraph (b) becomes
a minor political party as of January 1 following that election and retains its
minor party status notwithstanding that for at least two state
general elections even if the party fails to present a candidate who
receives the number and percentage of votes required under paragraph (b) at the
following subsequent state general election elections.
(d) A minor political party whose candidates fail to
receive the number and percentage of votes required under paragraph (b) at either
each of two consecutive state general election elections
described by paragraph (b) loses minor party status as of December 31 following
the most recent later of the two consecutive state general election
elections.
(e) To be considered a minor party in an election in a
legislative district, the political party must have presented at least one
candidate for a legislative office in that district who received votes from at
least ten percent of the total number of individuals who voted for that office,
or its members must have presented to the secretary of state a nominating
petition in a form prescribed by the secretary of state containing the signatures
of party members in a number equal to at least ten percent of the total number
of individuals who voted in the preceding state general election for that
legislative office.
Sec. 4. Minnesota
Statutes 2004, section 200.02, is amended by adding a subdivision to read:
Subd. 24.
[METROPOLITAN AREA.] "Metropolitan area" means the counties
of Ramsey, Hennepin, Anoka, Washington, Dakota, Scott, Carver, Wright,
Sherburne, Isanti, and Chisago.
Sec. 5. Minnesota
Statutes 2004, section 201.061, subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY
REGISTRATION.] An individual who is eligible to vote may register on election
day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application,
making an oath in the form prescribed by the secretary of state and providing
proof of residence. An individual may
prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification
card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of state
as proper identification;
(3) presenting one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of students from
that institution has been prepared under section 135A.17 and certified to the
county auditor in the manner provided in rules of the secretary of state; or
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture identification
card; or
(4) having a voter who is registered to vote in the precinct
sign an oath in the presence of the election judge vouching that the voter
personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election
day may not sign a proof of residence oath vouching for any other individual on
that election day.
For tribal band members living on an Indian reservation,
an individual may prove residence for purposes of registering by presenting an
identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, street address, signature, and picture of the
individual. The county auditor of
each county having territory within the reservation shall maintain a record of
the number of election day registrations accepted under this section.
A county, school district, or municipality may require that an
election judge responsible for election day registration initial each completed
registration application.
Sec. 6. Minnesota
Statutes 2004, section 201.071, subdivision 1, is amended to read:
Subdivision 1. [FORM.]
A voter registration application must be of suitable size and weight for
mailing and contain spaces for the following required information: voter's first name, middle name, and last
name; voter's previous name, if any; voter's current address; voter's previous
address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of
registration; current and valid Minnesota driver's license number or Minnesota
state identification number, or if the voter has no current and valid Minnesota
driver's license or Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. The registration application may include the
voter's e-mail address, if provided by the voter, and the voter's interest in
serving as an election judge, if indicated by the voter. The application must also contain the
following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration
form;
(5) am not under court-ordered guardianship of the person where
I have not retained the right to vote;
(6) have not been found by a court to be legally incompetent to
vote;
(7) have not been convicted of a felony without having my civil
rights restored; and
(8) have read and understand the following statement: that giving false information is a felony
punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond
to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election
day?"
And the instruction:
"If you checked 'no' to either of these questions, do not
complete this form."
The form of the voter registration application and the
certification of voter eligibility must be as provided in this subdivision and
approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration
Act may must also be accepted as valid. The federal postcard application form must also be accepted as
valid if it is not deficient and the voter is eligible to register in
Minnesota.
An individual may use a voter registration application to apply
to register to vote in Minnesota or to change information on an existing
registration.
Sec. 7. Minnesota
Statutes 2004, section 201.091, subdivision 5, is amended to read:
Subd. 5. [COPY OF LIST
TO REGISTERED VOTER.] The county auditors and the secretary of state shall
provide copies of the public information lists in electronic or other media to
any voter registered in Minnesota within ten days of receiving a written or
electronic request accompanied by payment of the cost of reproduction. The county auditors and the secretary of
state shall make a copy of the list available for public inspection without
cost. An individual who inspects or
acquires a copy of a public information list may not use any information
contained in it for purposes unrelated to elections, political activities, or
law enforcement.
Sec. 8. Minnesota
Statutes 2004, section 203B.01, subdivision 3, is amended to read:
Subd. 3. [MILITARY.]
"Military" means the Army, Navy, Air Force, Marine Corps, Coast Guard
or Merchant Marine of the United States, and all other uniformed services as
defined in United States Code, title 42, section 1973ff-6.
Sec. 9. Minnesota
Statutes 2004, section 203B.02, subdivision 1, is amended to read:
Subdivision 1. [UNABLE
TO GO TO ABSENCE FROM POLLING PLACE.] (a) Any eligible voter
who reasonably expects to be unable to go to absent from
the polling place on election day in the precinct where the individual
maintains residence because of absence from the precinct, illness,
disability, religious discipline, observance of a religious holiday, or service
as an election judge in another precinct may vote by absentee ballot
in person at any location where absentee ballots may be cast pursuant to
sections 203B.081 and 203B.085, during the 18 days preceding any election. This subdivision does not apply to a special
election to fill a vacancy in office pursuant to sections 204D.17 to 204D.27
not held concurrently with a state primary or general election as provided
in sections 203B.04 to 203B.15.
(b) Any eligible voter who reasonably expects to be unable
to go to the polling place on election day in the precinct where the individual
maintains residence because of absence from the precinct, illness, disability,
religious discipline, observance of a religious holiday, or service as an
election judge in another precinct may vote by absentee ballot as provided in
sections 203B.04 to 203B.15.
Sec. 10. Minnesota
Statutes 2004, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
[APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2,
an application for absentee ballots for any election may be submitted at any
time not less than one day before the day of that election. The county auditor shall prepare absentee
ballot application forms in the format provided in the rules of by
the secretary of state, notwithstanding rules on absentee ballot forms,
and shall furnish them to any person on request. By January 1 of each even-numbered year, the secretary of
state shall make the forms to be used available to auditors through electronic
means. An application submitted
pursuant to this subdivision shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school district
if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name and residence
and mailing addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for
the voter's date of birth, which must not be made available for public
inspection. An application may be
submitted to the county auditor or municipal clerk by an electronic facsimile
device. An application mailed or
returned in person to the county
auditor or municipal clerk on behalf of a voter by a person other than the
voter must be deposited in the mail or returned in person to the county auditor
or municipal clerk within ten days after it has been dated by the voter and no
later than six days before the election.
The absentee ballot applications or a list of persons applying for an
absentee ballot may not be made available for public inspection until the close
of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
Sec. 11. Minnesota
Statutes 2004, section 203B.04, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION
AT TIME OF APPLICATION.] An eligible voter who is not registered to vote but
who is otherwise eligible to vote by absentee ballot may register by including
a completed voter registration card with the absentee ballot. The individual shall present proof of
residence as required by section 201.061, subdivision 3, to the individual who
witnesses the marking of the absentee ballots.
A military voter, as defined in section 203B.01, may register in this
manner if voting pursuant to sections 203B.04 to 203B.15, or may register
pursuant to sections 203B.16 to 203B.27.
Sec. 12. Minnesota
Statutes 2004, section 203B.07, subdivision 2, is amended to read:
Subd. 2. [DESIGN OF
ENVELOPES.] The return envelope shall be of sufficient size to conveniently
enclose and contain the ballot envelope and a voter registration card folded
along its perforations. The return
envelope shall be designed to open on the left-hand end and,
notwithstanding any rule to the contrary, the design must provide an additional
flap that when sealed, conceals the signature, identification, and other
information. Election officials may
open the flap at any time after receiving the returned ballot to inspect the
returned certificate for completeness or to ascertain other information. A certificate of eligibility to vote by
absentee ballot shall be printed on the right hand three-fourths of the
back of the envelope. The certificate
shall contain a statement to be signed and sworn by the voter indicating that
the voter meets all of the requirements established by law for voting by
absentee ballot. The certificate shall
also contain a statement signed by a person who is registered to vote in
Minnesota or by a notary public or other individual authorized to administer
oaths stating that:
(a) the ballots were displayed to that individual unmarked;
(b) the voter marked the ballots in that individual's presence
without showing how they were marked, or, if the voter was physically unable to
mark them, that the voter directed another individual to mark them; and
(c) if the voter was not previously registered, the voter has
provided proof of residence as required by section 201.061, subdivision 3.
The county auditor or municipal clerk shall affix first class
postage to the return envelopes.
Sec. 13. Minnesota
Statutes 2004, section 203B.11, subdivision 1, is amended to read:
Subdivision 1.
[GENERALLY.] Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws
shall designate election judges to deliver absentee ballots in accordance with
this section. The county auditor Both
election judges shall be present when an applicant completes the certificate of
eligibility and marks the absentee ballots, and may assist an applicant as
provided in section 204C.15. The
election judges shall deposit the return envelopes containing the marked
absentee ballots in a sealed container and return them to the clerk on the same
day that they are delivered and marked. may
must also designate election judges to perform the duties in this
section. A ballot may be delivered only
to an eligible voter who is a temporary or permanent resident or patient in a
health care facility or hospital located in the municipality in which the voter
maintains residence. The ballots shall
be delivered by two election judges, each of whom is affiliated with a
different major political party. When
the election judges deliver or return ballots as provided in this section, they
shall travel together in the same vehicle.
Sec. 14. Minnesota
Statutes 2004, section 203B.12, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION
OF RETURN ENVELOPES.] Two or more election judges shall examine each return
envelope and shall mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been
prepared under section 204B.12, subdivision 2a, or 204B.41, the election judges
shall not begin removing ballot envelopes from the return envelopes until 8:00
p.m. on election day, either in the polling place or at an absentee ballot
board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word
"Accepted" if the election judges or a majority of them are satisfied
that:
(1) the voter's name and address on the return envelope are the
same as the information provided on the absentee ballot application;
(2) the voter's signature on the return envelope is the genuine
signature of the individual who made the application for ballots and the
certificate has been completed as prescribed in the directions for casting an
absentee ballot, except that if a person other than the voter applied for
the absentee ballot under applicable Minnesota Rules, the signature is not
required to match;
(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed voter registration application in
the return envelope; and
(4) the voter has not already voted at that election, either in
person or by absentee ballot.
There is no other reason for rejecting an absentee
ballot. In particular, failure to place
the envelope within the security envelope before placing it in the outer white
envelope is not a reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved and
returned to the county auditor.
If all or a majority of the election judges examining return
envelopes find that an absent voter has failed to meet one of the requirements
prescribed in clauses (1) to (4), they shall mark the return envelope
"Rejected," initial or sign it below the word "Rejected," and
return it to the county auditor.
Sec. 15. Minnesota
Statutes 2004, section 203B.20, is amended to read:
203B.20 [CHALLENGES.]
Except as provided in this section, the eligibility or
residence of a voter whose application for absentee ballots is recorded under
section 203B.19 may be challenged in the manner set forth by section
201.195. The county auditor or
municipal clerk shall not be required to serve a copy of the petition and
notice of hearing on the challenged voter, unless the absentee ballot
application was submitted on behalf of a voter by an individual authorized
under section 203B.17, subdivision 1, paragraph (a), in which case the county
auditor must attempt to notify the individual who submitted the application of
the challenge. The county auditor may
contact other registered voters to request information
that may resolve any discrepancies appearing in the application
Sec. 16. Minnesota
Statutes 2004, section 203B.21, subdivision 1, is amended to read:
Subdivision 1. [FORM.]
Absentee ballots under sections 203B.16 to 203B.27 shall conform to the
requirements of the Minnesota Election Law, except that modifications in the
size or form of ballots or envelopes may be made if necessary to satisfy the requirements
of the United States postal service, and the design must provide an
additional flap that when sealed, conceals the signature, identification, and
other information. The flap must be
perforated to permit election officials to inspect the returned certificate for
completeness or to ascertain other information at any time after receiving the
returned ballot without opening the return envelope.
Sec. 17. Minnesota
Statutes 2004, section 203B.21, subdivision 3, is amended to read:
Subd. 3. [BACK OF
RETURN ENVELOPE.] On the back of the return envelope an affidavit form shall
appear with space for:
(a) The voter's address of present or former residence in
Minnesota;
(b) A statement indicating the category described in section
203B.16 to which the voter belongs;
(c) A statement that the voter has not cast and will not cast
another absentee ballot in the same election or elections;
(d) A statement that the voter personally marked the ballots
without showing them to anyone, or if physically unable to mark them, that the
voter directed another individual to mark them; and
(e) The voter's military identification card number, passport
number, or, if the voter does not have a valid passport or identification card,
the signature and certification of an individual authorized to administer oaths
under federal law or the law of the place where the oath was administered
oder a commissioned or noncommissioned officer personnel of
the military not below the rank of sergeant or its equivalent.
The affidavit shall also contain a signed and dated oath in
the form required by section 705 of the Help America Vote Act, Public Law
107-252, which must read:
"I swear or affirm, under penalty of perjury, that:
I am a member of the uniformed services or merchant marine
on active duty or an eligible spouse or dependent of such a member; a United
States citizen temporarily residing outside the United States; or other United
States citizen residing outside the United States; and I am a United States
citizen, at least 18 years of age (or will be by the date of the election), and
I am eligible to vote in the requested jurisdiction; I have not been convicted
of a felony, or other disqualifying offense, or been adjudicated mentally
incompetent, or, if so, my voting rights have been reinstated; and I am not
registering, requesting a ballot, or voting in any other jurisdiction in the
United States except the jurisdiction cited in this voting form. In voting, I have marked and sealed my
ballot in private and have not allowed any person to observe the marking of the
ballot, except for those authorized to assist voters under state or federal
law. I have not been influenced.
My signature and date below
indicate when I completed this document.
The information on this form is true, accurate, and complete
to the best of my knowledge. I
understand that a material misstatement of fact in completion of this document
may constitute grounds for a conviction for perjury."
Sec. 18. Minnesota
Statutes 2004, section 203B.24, subdivision 1, is amended to read:
Subdivision 1. [CHECK
OF VOTER ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an
absentee ballot returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names appearing on
their copy of the application records to insure that the ballot is from a voter
eligible to cast an absentee ballot under sections 203B.16 to 203B.27. Any discrepancy or disqualifying fact
shall be noted on the envelope by the election judges. The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges are satisfied that:
(1) the voter's name on the return envelope appears in
substantially the same form as on the application records provided to the
election judges by the county auditor;
(2) the voter has signed the federal oath prescribed
pursuant to section 705(b)(2) of the Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the voter's military
identification number or passport number or, if those numbers do not appear, a
person authorized to administer oaths under federal law or the law of the place
where the oath was administered or a witness who is military personnel with a
rank at or above the rank of sergeant or its equivalent has signed the ballot;
and
(4) the voter has not already voted at that election, either
in person or by absentee ballot.
An absentee ballot case pursuant to sections 203B.16 to
203B.27 may only be rejected for the lack of one of clauses (1) to (4). In particular, failure to place the envelope
within the security envelope before placing it in the outer white envelope is
not a reason to reject an absentee ballot.
Election judges must note the reason for rejection on the
back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked
ballot, but a ballot shall not be counted if the affidavit on the return
envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law governing
deposit and counting of ballots shall apply.
Sec. 19. Minnesota
Statutes 2004, section 204B.10, subdivision 6, is amended to read:
Subd. 6. [INELIGIBLE
VOTER.] Upon receipt of a certified copy of a final judgment or order of a
court of competent jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:
(1) has been convicted of treason or a felony and the person's
civil rights have not been restored;
(2) is under guardianship of the person; or
(3) has been found by a court of law to be legally incompetent;
the filing officer shall notify
the person by certified mail at the address shown on the affidavit or petition,
and, for offices other than president of the United States, vice-president
of the United States, United States senator, and United States representative
in Congress, shall not certify the person's name to be placed on the
ballot. The actions of a filing officer
under this subdivision are subject to judicial review under section 204B.44.
Sec. 20. Minnesota
Statutes 2004, section 204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE
PRECINCTS; COMBINED POLLING PLACE.] (a) The following shall constitute at least
one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be
established no later than June 1 of any year:
(1) for any city of the third or fourth class, any town, or any
city having territory in more than one county, in which all the voters of the
city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality that
have a combined total of fewer than 500 registered voters; or
(3) for up to four contiguous municipalities located entirely
outside the metropolitan area, as defined by section 473.121, subdivision 2
200.02, subdivision 24, that are contained in the same county.
A copy of the ordinance or resolution establishing a combined
polling place must be filed with the county auditor within 30 days after
approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body
of each participating municipality. A
municipality withdrawing from participation in a combined polling place must do
so by filing a resolution of withdrawal with the county auditor no later than
May 1 of any year.
The secretary of state shall provide a separate polling place
roster for each precinct served by the combined polling place. A single set of election judges may be
appointed to serve at a combined polling place. The number of election judges required must be based on the total
number of persons voting at the last similar election in all precincts to be
voting at the combined polling place.
Separate ballot boxes must be provided for the ballots from each
precinct. The results of the election
must be reported separately for each precinct served by the combined polling
place, except in a polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case the results of
that precinct must be reported in the manner specified by the secretary of
state.
Sec. 21. Minnesota
Statutes 2004, section 204B.16, subdivision 1, is amended to read:
Subdivision 1.
[AUTHORITY; LOCATION.] (a) The governing body of each
municipality and of each county with precincts in unorganized territory shall
designate by ordinance or resolution a polling place for each election
precinct. Polling places must be
designated and ballots must be distributed so that no one is required to go to
more than one polling place to vote in a school district and municipal election
held on the same day. The polling place
for a precinct in a city or in a school district located in whole or in part in
the metropolitan area defined by section located outside the precinct at
a place which is convenient to the voters of the precinct. If no suitable place is available within a
town or within a school district located outside the metropolitan area defined
by section 473.121 200.02, subdivision
24, shall be located within the boundaries of the precinct or within 3,000 feet
of one of those boundaries unless a single polling place is designated for a
city pursuant to section 204B.14, subdivision 2, or a school district pursuant
to section 205A.11. The polling place
for a precinct in unorganized territory may be 473.121 200.02, subdivision 24, then the polling place
for a town or school district may be located outside the town or school
district within five miles of one of the boundaries of the town or school
district.
(b) Each polling place serving precincts in which, in
aggregate, there were more than 100 voters in the most recent similar election,
must be to the extent the governing body determines it is practicable, at least
750 square feet, with an additional 60 square feet for each 150 voters in
excess of 400 that voted in the most recent similar election.
Sec. 22. Minnesota
Statutes 2004, section 204B.16, subdivision 5, is amended to read:
Subd. 5. [ACCESS BY
ELDERLY AND HANDICAPPED PERSONS WITH DISABILITIES.] Each polling
place shall be accessible to and usable by elderly individuals and physically
handicapped individuals with disabilities. A polling place is deemed to be accessible and usable if it
complies with the standards in paragraphs (a) to (f).
(a) At least one set of doors must have a minimum width of 31
32 inches if the doors must be used to enter or leave the polling place.
(b) Any curb adjacent to the main entrance to a polling place
must have curb cuts or temporary ramps.
Where the main entrance is not the accessible entrance, any curb
adjacent to the accessible entrance must also have curb cuts or temporary
ramps.
(c) Where the main entrance is not the accessible entrance, a
sign shall be posted at the main entrance giving directions to the accessible
entrance.
(d) At least one set of stairs must have a temporary handrail
and ramp if stairs must be used to enter or leave the polling place.
(e) No barrier in the polling place may impede the path of the
physically handicapped persons with disabilities to the voting
booth.
(f) At least one handicapped parking space for
persons with disabilities, which may be temporarily so designated by the
municipality for the day of the election, must be available near the accessible
entrance.
The doorway, handrails, ramps, and handicapped parking provided
pursuant to this subdivision must conform to the standards specified in the
State Building Code for accessibility by handicapped persons with
disabilities.
A governing body shall designate as polling places only those
places which meet the standards prescribed in this subdivision unless no
available place within a precinct is accessible or can be made accessible.
Sec. 23. Minnesota
Statutes 2004, section 204B.18, subdivision 1, is amended to read:
Subdivision 1. [BOOTHS;
VOTING STATIONS.] Each polling place must contain December 31, 2007, one voting
system that conforms to section 301(a)(3)(B) of the Help America Vote Act,
Public Law 107-252a number of at
least two voting booths in proportion to the number of individuals
eligible to vote in the precinct or self-contained voting stations plus
one additional voting booth or self-contained voting station for each 150
voters in excess of 200 registered in the precinct. Each booth or station must be at
least six feet high, three feet deep and two feet wide with a shelf at least
two feet long and one foot wide placed at a convenient height for writing. The booth or station shall be
provided with a door or curtains permit the voter to vote privately and
independently. Each accessible
polling place must have at least one accessible voting booth or other
accessible voting station and beginning with federal and state elections
held after December 31, 2005, and county, municipal, and school district
elections held after In all other
polling places every effort must be made to provide at least one accessible
voting booth or other accessible voting station. During the hours of
voting, the booths or stations must have instructions, a pencil, and other
supplies needed to mark the ballots. If
needed, A chair must be provided for elderly and handicapped voters and
voters with disabilities to use while voting or waiting to vote. Stable flat writing surfaces must also be made
available to voters who are completing election-related forms. All ballot boxes, voting booths, voting
stations, and election judges must be in open public view in the polling place.
Sec. 24. Minnesota
Statutes 2004, section 204B.22, subdivision 3, is amended to read:
Subd. 3. [MINIMUM
NUMBER REQUIRED IN CERTAIN PRECINCTS OF ELECTION JUDGES.] At each
state primary or state general election in precincts using an
electronic voting system with marking devices and in which more than 400
votes were cast at the last similar election, the minimum number of election
judges is three plus one judge to demonstrate the use of the voting machine or
device, and the number of additional election judges to be appointed is one
for every 200 votes cast in that precinct in the most recent similar general
election.
Sec. 25. Minnesota
Statutes 2004, section 204B.27, subdivision 1, is amended to read:
Subdivision 1. [BLANK
FORMS.] At least 25 14 days before every state election the
secretary of state shall transmit to each county auditor a sufficient number
of blank county abstract forms and other examples of any blank forms
to be used as the secretary of state deems necessary for the conduct of
the election. County abstract forms
may be provided to auditors electronically via the Minnesota State Election
Reporting System maintained by the secretary of state, and must be available at
least one week prior to the election.
Sec. 26. Minnesota
Statutes 2004, section 204B.27, subdivision 3, is amended to read:
Subd. 3. [INSTRUCTION
POSTERS.] At least 25 days before every state election, the secretary of
state shall prepare and furnish to the county auditor of each county in
which paper ballots are used, voter instruction posters printed in large
type upon cards or heavy paper. The
instruction posters must contain the information needed to enable the voters to
cast their paper ballots quickly and correctly and indicate the types of
assistance available for elderly and handicapped voters. Two instruction posters shall be furnished
for each precinct in which paper ballots are used. The secretary of state shall also provide
posters informing voters of eligibility requirements to vote and of
identification and proofs accepted for election day registration. Posters furnished by the secretary of state
must also include all information required to be posted by the Help America
Vote Act, including: instructions on
how to vote, including how to cast a vote; instructions for mail-in registrants
and first-time voters; general information on voting rights under applicable
federal and state laws, and instructions on how to contact the appropriate
officials if these rights are alleged to have been violated; and general
information on federal and state laws regarding prohibitions on acts of fraud
and misrepresentation.
Sec. 27. Minnesota
Statutes 2004, section 204B.33, is amended to read:
204B.33 [NOTICE OF FILING.]
(a) Between June 1 and July 1 in each even numbered year, the
secretary of state shall notify each county auditor of the offices to be voted
for in that county at the next state general election for which candidates file
with the secretary of state. The notice
shall include the time and place of filing for those offices and for
judicial offices shall list the name of the incumbent, if any, currently
holding the seat to be voted for.
Within ten days after notification by the secretary of state, each
county auditor shall notify each municipal clerk in the county of all the
offices to be voted for in the county at that election and the time and place
for filing for those offices. The
county auditors and municipal clerks shall promptly post a copy of that notice
in their offices.
(b) At least two weeks before the first day to file an
affidavit of candidacy, the county auditor shall publish a notice stating the
first and last dates on which affidavits of candidacy may be filed in the
county auditor's office and the closing time for filing on the last day for
filing. The county auditor shall post a
similar notice at least ten days before the first day to file affidavits of
candidacy.
Sec. 28. Minnesota
Statutes 2004, section 204C.05, subdivision 1a, is amended to read:
Subd. 1a. [ELECTIONS;
ORGANIZED TOWN.] The governing body of a town with less than 500 inhabitants
according to the most recent federal decennial census, which is located outside
the metropolitan area as defined in section 473.121 200.02,
subdivision 2 24, may fix a later time for voting to begin at
state primary, special, or general elections, if approved by a vote of the town
electors at the annual town meeting.
The question of shorter voting hours must be included in the notice of
the annual town meeting before the question may be submitted to the electors at
the meeting. The later time may not be
later than 10:00 a.m. for special, primary, or general elections. The town clerk shall either post or publish
notice of the changed hours and notify the county auditor of the change 30 days
before the election.
Sec. 29. Minnesota
Statutes 2004, section 204C.08, subdivision 1, is amended to read:
Subdivision 1. [DISPLAY
OF FLAG; "VOTE HERE" SIGN.] (a) Upon their arrival at
the polling place on the day of election, the election judges shall cause the
national flag to be displayed on a suitable staff at the entrance to the
polling place. The flag shall be
displayed continuously during the hours of voting and the election judges shall
attest to that fact by signing the flag certification statement on the precinct
summary statement. The election judges
shall receive no compensation for any time during which they intentionally fail
to display the flag as required by this subdivision.
(b) The election judges shall, immediately after displaying
the flag pursuant to paragraph (a), post the following:
(1) a "Vote Here" sign conspicuously near the
flag, which must be of a size not less than two feet high by four feet wide,
with letters printed in red in a font size of no less than 576-point type,
against a white background; and
(2) within the building, if the polling place has more than
one room, signs indicating by arrows the direction in which to proceed in order
to reach the room containing the polling place.
Sec. 30. Minnesota
Statutes 2004, section 204C.28, subdivision 1, is amended to read:
Subdivision 1. [COUNTY
AUDITOR.] Every county auditor shall remain at the auditor's office to receive
delivery of the returns, to permit public inspection of the summary statements,
and to tabulate the votes until all have been tabulated and the results made
known, or until 24 hours have elapsed since the end of the hours for voting,
whichever occurs first. Every county
auditor shall keep a book in which, in the presence of the municipal clerk or
the election judges who deliver the returns, the auditor shall make a record of
all materials delivered, the time of delivery, and the names of the municipal
clerk or election judges who made delivery.
The county auditor shall file the book and all envelopes containing
ballots in a safe and secure place with envelope seals unbroken. Access to the book and ballots shall be
strictly controlled. Accountability and
a record of access shall be maintained by the county auditor during the period
for contesting elections or, if a contest is filed, until the contest has been
finally determined. Thereafter, the
book shall be retained in the auditor's office for the same period as the
ballots as provided in section 204B.40.
The county auditor shall file all envelopes containing ballots
in a safe place with seals unbroken. If
the envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by
the individuals who made the inspection or recount. The envelopes may be opened by the county canvassing board if
necessary to procure election returns that the election judges inadvertently
may have sealed in the envelopes with the ballots. In that case, the envelopes shall be sealed again and signed in
the same manner as otherwise provided in this subdivision.
Sec. 31. Minnesota
Statutes 2004, section 204D.14, subdivision 3, is amended to read:
Subd. 3. [UNCONTESTED
JUDICIAL OFFICES.] Judicial offices for a specific court for which there
is only one candidate filed must appear after all other judicial offices
for that same court on the canary ballot.
Sec. 32. Minnesota
Statutes 2004, section 204D.27, subdivision 5, is amended to read:
Subd. 5. [CANVASS;
SPECIAL PRIMARY; STATE CANVASSING BOARD.] Not later than four days after the
returns of the county canvassing boards are certified to the secretary of
state, the State Canvassing Board shall complete its canvass of the special
primary. The secretary of state shall
then promptly certify to the county auditors the names of the nominated
individuals, prepare notices of nomination, and notify each nominee of
the nomination.
Sec. 33. [205.135]
[ELECTION REPORTING SYSTEM; CANDIDATE FILING.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled municipal elections
held in an even-numbered year, the municipal clerk must provide the offices and
questions to be voted on in the municipality and the list of candidates for
each office to the county auditor for entry into the election reporting system
provided by the secretary of state no later than 46 days prior to the
election. The county auditor must
delegate, at the request of the municipality, the duty to enter the information
into the system to the municipal clerk.
Subd. 2.
[ODD-NUMBERED YEAR.] For regularly scheduled municipal elections held
in an odd-numbered year, the municipal clerk or county auditor must enter the
offices and questions to be voted on in the municipality and the list of
candidates for each office into the election reporting system no later than 46
days prior to the election.
Sec. 34. Minnesota
Statutes 2004, section 205.175, subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN
AREA MUNICIPALITIES.] The governing body of a municipality which is located
within a metropolitan county as defined by section 473.121 included
in the definition of metropolitan area in section 200.02, subdivision 24,
may designate the time during which the polling places will remain open for
voting at the next succeeding and all subsequent municipal elections, provided
that the polling places shall open no later than 10:00 a.m. and shall close no
earlier than 8:00 p.m. The resolution
shall remain in force until it is revoked by the municipal governing body.
Sec. 35. [205.187]
[ELECTION REPORTING SYSTEM; PRECINCT VOTES.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled municipal elections
held in an even-numbered year, the county auditor must enter the votes in each
precinct for the questions and offices voted on in the municipal election into
the election reporting system provided by the secretary of state.
Subd. 2.
[ODD-NUMBERED YEAR.] For regularly scheduled municipal elections held
in an odd-numbered year, the municipal clerk or county auditor must enter the
votes in each precinct for the offices and questions voted on in the
municipality into the election reporting system provided by the secretary of
state.
Sec. 36. [205A.075]
[ELECTION REPORTING SYSTEM; CANDIDATE FILING.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled school district
elections held in an even-numbered year, the school district clerk must provide
the offices and questions to be voted on in the school district and the list of
candidates for each office to the county auditor for entry into the election
reporting system provided by the secretary of state no later than ....... days
prior to the election.
Subd. 2. [ODD-NUMBERED YEAR.] For regularly
scheduled school district elections held in an odd-numbered year, the school
district clerk or county auditor must enter the offices and questions to be
voted on in the school district and the list of candidates for each office into
the election reporting system provided by the secretary of state no later than
....... days prior to the election.
Sec. 37. [205A.076]
[ELECTION REPORTING SYSTEM; PRECINCT VOTES.]
Subdivision 1.
[EVEN-NUMBERED YEAR.] For regularly scheduled school district
elections held in an even-numbered year, the county auditor must enter the
votes in each precinct for the questions and offices voted on in the school
district election into the election reporting system provided by the secretary
of state.
Subd. 2.
[ODD-NUMBERED YEAR.] For regularly scheduled school district
elections held in an odd-numbered year, the school district clerk or county
auditor must enter the votes in each precinct for the offices and questions
voted on in the school district into the election reporting system provided by
the secretary of state.
Sec. 38. Minnesota
Statutes 2004, section 205A.09, subdivision 1, is amended to read:
Subdivision 1.
[METROPOLITAN AREA SCHOOL DISTRICTS.] At a school district election in a
school district located in whole or in part within a metropolitan county as
defined by section 473.121 included in the definition of metropolitan
area in section 200.02, subdivision 24, the school board, by resolution
adopted before giving notice of the election, may designate the time during
which the polling places will remain open for voting at the next succeeding and
all later school district elections.
The polling places must open no later than 10:00 a.m. and close no
earlier than 8:00 p.m. The resolution
shall remain in force until it is revoked by the school board.
Sec. 39. Minnesota
Statutes 2004, section 206.56, subdivision 2, is amended to read:
Subd. 2. [AUTOMATIC
TABULATING EQUIPMENT.] "Automatic tabulating equipment" includes apparatus
machines, resident firmware, and programmable memory units necessary to optically
scan, automatically examine, and count votes designated on ballot
cards, and data processing machines which can be used for counting ballots
and tabulating results.
Sec. 40. Minnesota
Statutes 2004, section 206.56, subdivision 3, is amended to read:
Subd. 3. [BALLOT.]
"Ballot" includes ballot cards and paper ballots, ballot
cards, and the paper ballot marked by an electronic marking device.
Sec. 41. Minnesota
Statutes 2004, section 206.56, subdivision 7, is amended to read:
Subd. 7. [COUNTING
CENTER.] "Counting center" means a place selected by the governing
body of a municipality where an a central count electronic voting
system is used for the automatic processing and counting of ballots.
Sec. 42. Minnesota
Statutes 2004, section 206.56, subdivision 8, is amended to read:
Subd. 8. [ELECTRONIC
VOTING SYSTEM.] "Electronic voting system" means a system in which
the voter records votes by means of marking a ballot, which is designed
so that votes may be counted by automatic tabulating equipment at a counting
center or in the precinct or polling place where the ballot is cast.
An electronic voting system
includes automatic tabulating equipment; nonelectronic ballot markers;
electronic ballot markers, including electronic ballot display, audio ballot
reader, and devices by which the voter will register the voter's voting intent;
software used to program automatic tabulators and layout ballots; computer
programs used to accumulate precinct results; ballots; secrecy folders; system
documentation; and system testing results.
Sec. 43. Minnesota
Statutes 2004, section 206.56, subdivision 9, is amended to read:
Subd. 9. [MANUAL
MARKING DEVICE.] "Manual marking device" means any approved
device for directly marking a ballot by hand with ink, pencil,
or other substance which will enable the ballot to be tabulated by means of
automatic tabulating equipment.
Sec. 44. Minnesota
Statutes 2004, section 206.56, is amended by adding a subdivision to read:
Subd. 9a.
[ELECTRONIC BALLOT MARKER.] "Electronic ballot marker"
means equipment that is part of an electronic voting system that marks a
nonelectronic ballot with votes selected by a voter using an electronic ballot
display or audio ballot reader.
Sec. 45. Minnesota
Statutes 2004, section 206.56, is amended by adding a subdivision to read:
Subd. 9b.
[ASSISTIVE VOTING TECHNOLOGY.] "Assistive voting
technology" means touch-activated screen, buttons, keypad, sip-and-puff
input device, keyboard, earphones, or any other device used with an electronic
ballot marker that assists voters to use an audio or electronic ballot display
in order to select votes.
Sec. 46. Minnesota
Statutes 2004, section 206.56, is amended by adding a subdivision to read:
Subd. 9c.
[ELECTRONIC BALLOT DISPLAY.] "Electronic ballot display"
means a graphic representation of a ballot on a computer monitor or screen on
which a voter may make vote choices for candidates and questions for the
purpose of marking a nonelectronic ballot.
Sec. 47. Minnesota
Statutes 2004, section 206.56, is amended by adding a subdivision to read:
Subd. 9d. [AUDIO
BALLOT READER.] "Audio ballot reader" means an audio
representation of a ballot that can be used with other assistive voting
technology to permit a voter to mark votes on a nonelectronic ballot using an
electronic ballot marker.
Sec. 48. Minnesota
Statutes 2004, section 206.57, subdivision 1, is amended to read:
Subdivision 1.
[EXAMINATION AND REPORT BY SECRETARY OF STATE; APPROVAL.] A vendor of an
electronic voting system may apply to the secretary of state to examine the
system and to report as to its compliance with the requirements of law and as
to its accuracy, durability, efficiency, and capacity to register the will of
voters. The secretary of state or a designee
shall examine the system submitted and file a report on it in the Office of the
Secretary of State. Examination is not
required of every individual machine or counting device, but only of each type
of electronic voting system before its adoption, use, or purchase and before
its continued use after significant changes have been made in an approved
system. The examination must include
the ballot programming,; electronic ballot marking, including all
assistive technologies intended to be used with the system; vote counting,;
and vote accumulation functions of each voting system.
If the report of the secretary of state or the secretary's
designee concludes that the kind of system examined complies with the
requirements of sections 206.55 to 206.90 and can be used safely, the system
shall be deemed approved by the secretary of state, and may be adopted and
purchased for use at elections in this state.
A voting system not approved by the secretary of state may not be used
at an election in this state. The
secretary of state may adopt permanent rules consistent with sections 206.55 to
206.90 relating to the examination and use of electronic voting systems.
Sec. 49. Minnesota Statutes 2004, section 206.57, is amended by adding a
subdivision to read:
Subd. 7.
[ELECTION ASSISTANCE COMMISSION STANDARDS.] If, prior to January 1,
2006, the federal Election Assistance Commission has not established standards
for an electronic ballot marker or other voting system component that is
required to enable a voting system to meet the requirements of subdivision 5,
the secretary of state may certify the voting system on an experimental basis
pending the completion of federal standards, notwithstanding subdivision
6. Within two years after the Election
Assistance Commission issues standards for a voting system component used in a
voting system authorized under this subdivision, the secretary of state must
review or reexamine the voting system to determine whether the system conforms
to federal standards.
Sec. 50. Minnesota
Statutes 2004, section 206.58, subdivision 1, is amended to read:
Subdivision 1.
[MUNICIPALITIES.] (a) The governing body of a municipality, at a
regular meeting or at a special meeting called for the purpose, may must
provide for the use of an at least one electronic voting system that
conforms to the requirements of section 301(a)(3)(B) of the Help America Vote
Act, Public Law 107-252, in one or more precincts each polling
place and at all elections in the precincts, subject to approval by
the county auditor. This paragraph
applies to federal and state elections held after December 31, 2005, and to
county, municipal, and school district elections held after December 31, 2007.
(b) The governing body shall disseminate information to
the public about the use of a new voting system at least 60 days prior to the
election and shall provide for instruction of voters with a demonstration
voting system in a public place for the six weeks immediately prior to the
first election at which the new voting system will be used.
(c) No system may be adopted or used unless it has been
approved by the secretary of state pursuant to section 206.57.
Sec. 51. Minnesota
Statutes 2004, section 206.61, subdivision 4, is amended to read:
Subd. 4. [ORDER OF
CANDIDATES.] On the "State Partisan Primary Ballot" prepared for
primary elections, and on the white ballot prepared for the general election,
the order of the names of nominees or names of candidates for election shall be
the same as required for paper ballots.
More than one column or row may be used for the same office or
party. Electronic ballot display and
audio ballot readers must conform to the candidate order on the optical scan
ballot used in the precinct.
Sec. 52. Minnesota
Statutes 2004, section 206.61, subdivision 5, is amended to read:
Subd. 5. [ALTERNATION.]
The provisions of the election laws requiring the alternation of names of
candidates must be observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so that each name
appears on the machines or marking devices used in a municipality substantially
an equal number of times in the first, last, and in each intermediate place in
the list or group in which they belong.
However, the arrangement of candidates' names must be the same on all
voting systems used in the same precinct.
If the number of names to be alternated exceeds the number of precincts,
the election official responsible for providing the ballots, in accordance with
subdivision 1, shall determine by lot the alternation of names.
If an electronic ballot marker is used with a paper ballot
that is not an optical scan ballot card, the manner of alternation of candidate
names on the paper ballot must be as prescribed for optical scan ballots in this
subdivision.
Sec. 53. Minnesota Statutes 2004, section 206.64, subdivision 1, is
amended to read:
Subdivision 1. [GENERAL
PROVISIONS FOR ELECTRONIC SYSTEM VOTING.] Each electronic voting system booth
must be placed and protected so that it is accessible to only one voter at a
time and is in full view of all the election judges and challengers at the
polling place. The election judges
shall admit one individual at a time to each booth after determining that the
individual is eligible to vote. Voting
by electronic voting system must be secret, except for voters who need request
assistance. A voter may remain inside
the voting booth for three minutes the time reasonably required for
the voter to complete the ballot. A
voter who refuses to leave the voting booth after a reasonable amount of
time, but not less than three minutes, must be removed by the
election judges.
Sec. 54. Minnesota
Statutes 2004, section 206.80, is amended to read:
206.80 [ELECTRONIC VOTING SYSTEMS.]
An electronic voting system may not be employed unless it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and
questions for whom or upon which the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) rejects by means of the automatic tabulating equipment
electronic voting system, except as provided in section 206.84 with
respect to write-in votes, all votes for an office or question when the number
of votes cast on it exceeds the number which the voter is entitled to cast;
(5) permits a voter at a primary election to select secretly
the party for which the voter wishes to vote; and
(6) rejects, by means of the automatic tabulating equipment
electronic voting system, all votes cast in a primary election by a
voter for offices serving with political party designation when the
voter votes for candidates of more than one party.
Sec. 55. Minnesota
Statutes 2004, section 206.81, is amended to read:
206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]
(a) The secretary of state may approve certify an
electronic voting system for experimental use at an election prior to its
approval for general use.
(b) The secretary of state must approve one or more direct
recording electronic voting systems for experimental use at an election before
their approval for general use and may impose restrictions on their use. At least one voting system approved under
this paragraph must permit sighted persons to vote and at least one system must
permit a blind or visually impaired voter to cast a ballot independently and
privately.
(c) Experimental use must be observed by the secretary
of state or the secretary's designee and the results observed must be
considered at any subsequent proceedings for approval for general use.
(d) (c) The secretary of state may adopt rules
consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be
determined by the secretary of state.
Sec. 56. Minnesota Statutes 2004, section 206.82, subdivision 1, is
amended to read:
Subdivision 1.
[PROGRAM.] A program or programs for use in an election conducted
by means of an electronic voting system or using an electronic ballot marker
shall be prepared at the direction of the county auditor or municipal clerk who
is responsible for the conduct of the election and shall be independently
verified by a competent person designated by that official. The term "competent person" as
used in this section means a person who can demonstrate knowledge as a computer
programmer and who is other than and wholly independent of any person operating
or employed by the counting center or the corporation or other preparer of the
program. A test deck prepared by a
competent person shall be used for independent verification of the program; it
shall test the maximum digits used in totaling the returns and shall be usable
by insertion during the tabulation process as well as prior to tabulation. A test deck must also be prepared using the
electronic ballot marker program and must also be used to verify that all valid
votes counted by the vote tabulator may be selected using the electronic ballot
marker. The secretary of state
shall adopt rules further specifying test procedures.
Sec. 57. Minnesota
Statutes 2004, section 206.82, subdivision 2, is amended to read:
Subd. 2. [PLAN.] The
municipal clerk in a municipality where an electronic voting system is used and
the county auditor of a county in which an electronic voting system is used
in more than one municipality and the county auditor of a county in which a
counting center serving more than one municipality is located shall prepare a
plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with
section 206.80. The plan must be
signed, notarized, and submitted to the secretary of state more than 60 days
before the first election at which the municipality uses an electronic voting
system. Prior to July 1 of each
subsequent general election year, the clerk or auditor shall submit to the
secretary of state notification of any changes to the plan on file with the
secretary of state. The secretary of
state shall review each plan for its sufficiency and may request technical
assistance from the Department of Administration or other agency which may be
operating as the central computer authority.
The secretary of state shall notify each reporting authority of the
sufficiency or insufficiency of its plan within 20 days of receipt of the
plan. The attorney general, upon
request of the secretary of state, may seek a district court order requiring an
election official to fulfill duties imposed by this subdivision or by rules
promulgated pursuant to this section.
Sec. 58. Minnesota
Statutes 2004, section 206.83, is amended to read:
206.83 [TESTING OF VOTING SYSTEMS.]
The official in charge of elections shall within 14 days
prior to election day have the voting system tested to ascertain that the
system will correctly mark ballots using all methods supported by the
system, including through assistive technology, and count the votes cast
for all candidates and on all questions within 14 days prior to election day. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official
newspapers. The test must be observed
by at least two election judges, who are not of the same major political party,
and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be
conducted by (1) processing a preaudited group of ballots punched or
marked to record a predetermined number of valid votes for each candidate and
on each question, and must include for each office one or more ballot cards
which have votes in excess of the number allowed by law in order to test the
ability of the voting system tabulator and electronic ballot marker to
reject those votes; and (2) processing an additional test deck of ballots
marked using the electronic ballot marker to be employed in the precinct,
including ballots marked using the electronic ballot display, audio ballot
reader, and each of the assistive voting peripheral devices used with the
electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless
count must be made before the voting system may be used in the election. After the completion of the test, the
programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.
Sec. 59. Minnesota
Statutes 2004, section 206.84, subdivision 1, is amended to read:
Subdivision 1.
[INSTRUCTION OF JUDGES, VOTERS.] The officials in charge of elections
shall determine procedures to instruct election judges and voters in the use of
electronic voting system manual marking devices and the electronic
ballot marker, including assistive peripheral devices.
Sec. 60. Minnesota
Statutes 2004, section 206.84, subdivision 3, is amended to read:
Subd. 3. [BALLOTS.] The
ballot information must be in the same order provided for paper ballots, except
that the information may be in vertical or horizontal rows, or on a number of
separate pages. The secretary of state
shall provide by rule for standard ballot formats for electronic voting
systems. Electronic ballot displays
and audio ballot readers shall be in the order provided for on the optical scan
ballot. Electronic ballot displays may
employ zooms or other devices as assistive voting technology. Audio ballot readers may employ rewinds or
audio cues as assistive voting technology.
Ballot cards may contain special printed marks and holes
as required for proper positioning and reading of the ballots by electronic
vote counting equipment. Ballot cards
must contain an identification of the precinct for which they have been
prepared which can be read visually and which can be tabulated by the automatic
tabulating equipment.
Sec. 61. Minnesota
Statutes 2004, section 206.84, subdivision 6, is amended to read:
Subd. 6. [DUTIES OF
OFFICIAL IN CHARGE.] The official in charge of elections in each municipality
where an electronic voting system is used shall have the voting systems put in
order, set, adjusted, and made ready for voting when delivered to the election
precincts. The official shall also
provide each precinct with a container for transporting ballot cards to the
counting location after the polls close.
The container shall be of sturdy material to protect the ballots from
all reasonably foreseeable hazards including auto collisions. The election judges shall meet at the
polling place at least one hour before the time for opening the polls. Before the polls open the election judges
shall compare the ballot cards used with the sample ballots, electronic
ballot displays, and audio ballot reader furnished to see that the names,
numbers, and letters on both agree and shall certify to that fact on forms
provided for the purpose. The
certification must be filed with the election returns.
Sec. 62. Minnesota
Statutes 2004, section 206.85, subdivision 1, is amended to read:
Subdivision 1. [DUTIES
OF RESPONSIBLE OFFICIAL.] The official in charge of elections in a municipality
where an electronic voting system is used at a counting center must:
(a) be present or personally represented throughout the
counting center proceedings;
(b) be responsible for acquiring sufficient facilities and
personnel to ensure timely and lawful processing of votes;
(c) be responsible for the proper training of all personnel
participating in counting center proceedings and deputize all personnel who are
not otherwise election judges;
(d) maintain actual control over all proceedings and be
responsible for the lawful execution of all proceedings in the counting center
whether or not by experts;
(e) be responsible for assuring the lawful retention and
storage of ballots and read-outs; and
(f) arrange for observation by the public and by
candidates' representatives of counting center procedures by publishing the
exact location of the counting center in a legal newspaper at least once during
the week preceding the week of election and in the newspaper of widest
circulation once on the day preceding the election, or once the week preceding the
election if the newspaper is a weekly.
The official may make arrangements with news reporters which
permit prompt reporting of election results but which do not interfere with the
timely and lawful completion of counting procedures.
Sec. 63. Minnesota
Statutes 2004, section 206.90, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITION.] For the purposes of this section, "optical scan
voting system" means an electronic voting system approved for use under
sections 206.80 to 206.81 in which the voter records votes by marking with a
pencil or other writing instrument device, including an electronic
ballot marker, a ballot on which the names of candidates, office titles,
party designation in a partisan primary or election, and a statement of any
question accompanied by the words "Yes" and "No" are
printed.
Sec. 64. Minnesota
Statutes 2004, section 206.90, subdivision 4, is amended to read:
Subd. 4. [ABSENTEE
VOTING.] An optical scan voting system may be used for absentee voting. The county auditor may supply an
appropriate marking instrument to the voter along with the ballot.
Sec. 65. Minnesota
Statutes 2004, section 206.90, subdivision 5, is amended to read:
Subd. 5. [INSTRUCTION
OF JUDGES, VOTERS.] In instructing judges and voters under section 206.84,
subdivision 1, officials in charge of election precincts using optical scan
voting systems shall include instruction on the proper mark for recording votes
on ballot cards marked with a pencil or other writing instrument and the
insertion by the voter of the ballot card into automatic tabulating equipment
that examines and counts votes as the ballot card is deposited into the ballot
box.
Officials shall include instruction on the insertion by the
voter of the ballot card into an electronic ballot marker that can examine
votes before the ballot card is deposited into the ballot box.
Sec. 66. Minnesota
Statutes 2004, section 206.90, subdivision 6, is amended to read:
Subd. 6. [BALLOTS.] In
precincts using optical scan voting systems, a single ballot card on which all
ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment
may be printed in another color ink.
On the front of the ballot must be printed the words
"Official Ballot" and the date of the election and lines for the
initials of at least two election judges.
When optical scan ballots are used, the offices to be elected
must appear in the following order: federal
offices; state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions; municipal offices and
questions; school district offices and questions; special district offices and
questions; and judicial offices.
On optical scan ballots, the names of candidates and the words
"yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."
If a primary ballot contains both a partisan ballot and a
nonpartisan ballot, the instructions to voters must include a statement that
reads substantially as follows:
"THIS BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE
PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a
statement that reads substantially as follows:
"ADDITIONAL POLITICAL PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS
BALLOT. VOTE FOR ONE POLITICAL PARTY
ONLY." At the bottom of each
political party column on the primary ballot, the ballot must contain a
statement that reads substantially as follows:
"CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section 204D.08,
subdivision 4, do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical
scan or paper ballot used in the same precinct.
Sec. 67. Minnesota
Statutes 2004, section 206.90, subdivision 8, is amended to read:
Subd. 8. [DUTIES OF
ELECTION OFFICIALS.] The official in charge of elections in each municipality
where an optical scan voting system is used shall have the electronic ballot
that examines and marks votes on ballot cards and the automatic tabulating
equipment that examines and counts votes as ballot cards are deposited into
ballot boxes put in order, set, adjusted, and made ready for voting when
delivered to the election precincts.
Sec. 68. Minnesota
Statutes 2004, section 206.90, subdivision 9, is amended to read:
Subd. 9. [SPOILED
BALLOT CARDS.] Automatic tabulating equipment and electronic ballot markers
must be capable of examining a ballot card for defects and returning it to
the voter before it is counted and deposited into the ballot box and
must be programmed to return as a spoiled ballot a ballot card with votes for
an office or question which exceed the number which the voter is entitled to
cast and at a primary a ballot card with votes for candidates of more than one
party.
Sec. 69. Minnesota
Statutes 2004, section 211B.01, subdivision 3, is amended to read:
Subd. 3. [CANDIDATE.]
"Candidate" means an individual who seeks nomination or election to a
federal, statewide, legislative, judicial, or local office including
special districts, school districts, towns, home rule charter and statutory
cities, and counties, except candidates for president and vice-president of
the United States.
Sec. 70. Minnesota
Statutes 2004, section 358.11, is amended to read:
358.11 [OATHS, WHERE FILED.]
Except as otherwise provided by law, the oath required to be
taken and subscribed by any person shall be filed as follows:
(1) if that of an officer of the state, whether elective or
appointive, executive, legislative, or judicial, with the secretary of
state;
(2) if of a county officer, or an officer chosen within or for
any county, with the county auditor;
(3) if of a city officer, with the clerk or recorder of the
municipality;
(4) if of a town officer, with the town clerk;
(5) if of a school district officer, with the clerk of the
district;
(6) if of a person appointed by, or made responsible to, a
court in any action or proceeding therein, with the court administrator of such
court;
(7) if that of a person appointed by any state, county, or
other officer for a special service in connection with official duties, with
such officer.
If the person taking such oath be also required to give bond,
the oath shall be attached to or endorsed upon such bond and filed therewith,
in lieu of other filing.
Sec. 71. Minnesota
Statutes 2004, section 414.01, is amended by adding a subdivision to read:
Subd. 18.
[ANNEXATIONS NOT PERMITTED AT CERTAIN TIMES.] Notwithstanding the
provisions of this chapter, no annexation shall become effective between the
opening of filing for a previously scheduled municipal election of the
municipality which is annexing the unincorporated land and the issuance of the
certificates of election to the candidates elected at that election.
Sec. 72. [414.0305]
[MUNICIPAL ANNEXATION.]
Notwithstanding the provisions of this chapter, no
annexation by a municipality shall be effective during the period from the
opening of filing for any previously scheduled municipal election until after
the end of the contest period for that election.
Sec. 73. Minnesota
Statutes 2004, section 447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES;
BALLOTS; CERTIFYING ELECTION.] A person who wants to be a candidate for the
hospital board shall file an affidavit of candidacy for the election either as
member at large or as a member representing the city or town where the
candidate resides. The affidavit of
candidacy must be filed with the city or town clerk not more than ten weeks
70 days nor less than eight weeks 56 days before the first
Tuesday after the second first Monday in September November
of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy
to the clerk of the hospital district or, for the first election, the clerk of
the most populous city or town immediately after the last day of the filing
period. A candidate may withdraw from
the election by filing an affidavit of withdrawal with the clerk of the
district no later than 5:00 p.m. two days after the last day to file affidavits
of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in
the rules of the secretary of state.
The ballots must be marked and initialed by at least two judges as
official ballots and used exclusively at the election. Any proposition to be voted on may be
printed on the ballot provided for the election of officers. The hospital board may also authorize the
use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at each
polling place. The election judges
shall act as clerks of election, count the ballots cast, and submit them to the
board for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate who received the largest number of
votes cast for each office. The clerk
shall deliver the certificate to the person entitled to it in person or by
certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 74. [REPEALER.]
Minnesota Statutes 2004, section 204B.22, subdivision 2, is
repealed.
ARTICLE
3
PERIODIC
STATE AND LOCAL ELECTION DATES
Section 1. [204D.035]
[PERIODIC ELECTION DAY.]
Subdivision 1.
[SHORT TITLE.] This section may be referred to as the "Periodic
Election Day Act of 2005."
Subd. 2.
[ELECTIONS COVERED.] This section applies to all state, county,
municipal, school district, and any other political subdivision elections held
in the state of Minnesota, and elections on ballot questions, except for (1)
elections held to fill a vacancy in office and required by statute to be held
sooner than the next day designated in subdivision 3, or (2) elections
conducted by mail.
Subd. 3.
[ELECTIONS ON DESIGNATED DAYS.] (a) Notwithstanding other law to the
contrary, elections subject to subdivision 2 may be held only on the following
days:
(1) the fourth Tuesday in January;
(2) the second Tuesday in March;
(3) the third Tuesday in May;
(4) the first Tuesday after the second Monday in September;
and
(5) the first Tuesday after the first Monday in November.
(b) The time period in which a special election must be
conducted under any other law or charter provision must be extended to conform
to the requirements of this subdivision.
Subd. 4.
[PRIMARY DATE IF NOT SPECIFIED.] If other law provides for a primary
to take place for a particular office but does not specify the date of the
primary, the primary may be held on one of the days specified in subdivision 3,
paragraph (a), clauses (1) to (4). The
general election for the office must be held on the date listed in subdivision
3 that immediately follows the date chosen for the primary.
Subd. 5.
[ELECTION TIMES AND POLLING PLACES.] An election held in a
jurisdiction on one of the days specified in subdivision 3 must be held during
the hours determined under section 204C.05.
The governing body of the municipality must set the polling place
locations to be used for each precinct in all elections in any calendar year
before the start of that calendar year.
Subd. 6.
[APPLICABLE LAWS.] Except as otherwise provided by this section,
Minnesota election law remains applicable to elections held on any of the days
listed in subdivision 3.
Sec. 2. [EFFECTIVE
DATE.]
This article is effective January 1, 2006.
ARTICLE
4
CONFORMING
AMENDMENTS
Section 1. Minnesota
Statutes 2004, section 123B.63, subdivision 3, is amended to read:
Subd. 3. [CAPITAL
PROJECT LEVY REFERENDUM.] A district may levy the local tax rate approved by a
majority of the electors voting on the question to provide funds for an
approved project. The election must
take place no more than five years before the estimated date of commencement of
the project. The referendum must be
held on a date set by the board specified in section 204D.035,
subdivision 3. A referendum for a
project not receiving a positive review and comment by the commissioner under
section 123B.71 must be approved by at least 60 percent of the voters at the
election. The referendum may be called
by the school board and may be held:
(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or
(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or
(3) notwithstanding section 475.59, as a conjunctive question
authorizing both the capital project levy and the issuance of obligations for
the project under chapter 475. Any
obligations authorized for a project may be issued within five years of the
date of the election.
The ballot must provide a general description of the proposed
project, state the estimated total cost of the project, state whether the
project has received a positive or negative review and comment from the
commissioner, state the maximum amount of the capital project levy as a
percentage of net tax capacity, state the amount that will be raised by that
local tax rate in the first year it is to be levied, and state the maximum
number of years that the levy authorization will apply.
The ballot must contain a textual portion with the information
required in this section and a question stating substantially the following:
"Shall the capital project levy proposed by the board of
.......... School District No. .......... be approved?"
If approved, the amount provided by the approved local tax rate
applied to the net tax capacity for the year preceding the year the levy is
certified may be certified for the number of years approved.
In the event a conjunctive question proposes to authorize both
the capital project levy and the issuance of obligations for the project,
appropriate language authorizing the issuance of obligations must also be
included in the question.
The district must notify the commissioner of the results of the
referendum.
Sec. 2. Minnesota
Statutes 2004, section 126C.17, subdivision 11, is amended to read:
Subd. 11. [REFERENDUM
DATE.] (a) Except for a referendum held under paragraph (b), any referendum
under this section held on a day other than the first Tuesday after the first
Monday in November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9,
paragraph (b), to the contrary, in the case of a referendum conducted by mail
under this paragraph, the notice required by subdivision 9, paragraph (b), must
be prepared and delivered by first-class mail at least 20 days before the
referendum.
(b) In addition to the referenda
allowed in subdivision 9, clause (a), the commissioner may grant authority to a
district to hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has received an extension
from the department to file a plan to eliminate the statutory operating
debt. A referendum must be held on a
date specified in section 204D.035, subdivision 3.
(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day within 60 days of
receiving the request from a district.
Sec. 3. Minnesota
Statutes 2004, section 204C.05, is amended by adding a subdivision to read:
Subd. 1c.
[ELECTIONS; MUNICIPALITIES AND SCHOOL DISTRICTS.] The governing body
of a municipality or school district may, by resolution, designate the hours
during which the polling places will remain open for voting at the next
succeeding and all later municipal or school district elections that are not
held at the same time as the state primary or state general election. All polling places must be open at least
between the hours of 10:00 a.m. and 8:00 p.m.
The resolution remains in effect until revoked by the governing board or
until a petition from voters is filed under this subdivision. If a petition requesting longer voting hours
for any election is signed by a number of voters equal to ten percent of the
votes cast in the last municipal or school district general election, whichever
applies, and filed with the appropriate municipal or school district clerk no
later than 30 days before an election, the polling places for that election
must open at 7:00 a.m. and close at 8:00 p.m.
The municipal or school district clerk must give ten days published and
posted notice of the change in hours and notify the appropriate county auditors
of the change.
Sec. 4. Minnesota
Statutes 2004, section 205.10, subdivision 3, is amended to read:
Subd. 3. [PROHIBITION.]
No A special election authorized under subdivision 1 may be held within
40 days after the state general election only on one of the dates
specified in section 204D.035, subdivision 3.
Sec. 5. [205.176]
[VOTING HOURS.]
In all municipal elections the hours for voting must be
determined as provided in section 204C.05.
Sec. 6. Minnesota
Statutes 2004, section 205A.05, subdivision 1, is amended to read:
Subdivision 1.
[QUESTIONS.] Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board may on its own motion call
a special election to vote on any matter requiring approval of the voters of a
district. Upon petition of 50 or more
voters of the school district or five percent of the number of voters voting at
the preceding regular school district election, the school board shall by
resolution call a special election to vote on any matter requiring approval of
the voters of a district. A question is
carried only with the majority in its favor required by law. The election officials for a special
election are the same as for the most recent school district general election
unless changed according to law.
Otherwise, special elections must be conducted and the returns made in
the manner provided for the school district general election. A special election may not be held during
the 30 days before and the 30 days after the state primary, during the 30 days
before and the 40 days after the state general election. In addition, a special election may not be
held during the 20 days before and the 20 days after any regularly scheduled
election of a municipality wholly or partially within the school district. A special election under this subdivision
must be held only on one of the dates specified in section 204D.035,
subdivision 3. Notwithstanding any
other law to the contrary, the time period in which a special election must be
conducted under any other law may be extended by the school board to conform
with the requirements of this subdivision.
Sec. 7. [205A.095] [HOURS FOR VOTING.]
The hours for voting in school district elections must be
determined as provided in section 204C.05.
Sec. 8. Minnesota
Statutes 2004, section 373.40, subdivision 2, is amended to read:
Subd. 2. [APPLICATION
OF ELECTION REQUIREMENT.] (a) Bonds issued by a county to finance capital
improvements under an approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds must be approved by vote of at least three-fifths of
the members of the county board. In the
case of a metropolitan county, the bonds must be approved by vote of at least
two-thirds of the members of the county board.
(b) Before issuance of bonds qualifying under this section, the
county must publish a notice of its intention to issue the bonds and the date
and time of a hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the county or in a newspaper of general circulation in the county. The notice must be published at least 14,
but not more than 28, days before the date of the hearing.
(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of issuing the
obligations, if a petition requesting a vote on the issuance is signed by
voters equal to five percent of the votes cast in the county in the last
general election and is filed with the county auditor within 30 days after the
public hearing. The commissioner of
revenue shall prepare a suggested form of the question to be presented at the
election. The election may be held
only on one of the dates specified in section 204D.035, subdivision 3.
Sec. 9. Minnesota
Statutes 2004, section 375.20, is amended to read:
375.20 [BALLOT QUESTIONS.]
If the county board may do an act, incur a debt, appropriate
money for a purpose, or exercise any other power or authority, only if
authorized by a vote of the people, the question may be submitted at a special
or general election, by a resolution specifying the matter or question to be
voted upon. If the question is to
authorize the appropriation of money, creation of a debt, or levy of a tax, it
shall state the amount. Notice of the
election shall be given as in the case of special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into effect. In the election the form of the ballot shall
be: "In favor of (here state the
substance of the resolution to be submitted), Yes ...... No......," with a square opposite each
of the words "yes" and "no," in one of which the voter
shall mark an "X" to indicate a choice. The county board may call a special county election upon a
question to be held within 60 days on any date specified in section
204D.035, subdivision 3, after a resolution to that effect is adopted by
the county board. Upon the adoption of
the resolution the county auditor shall post and publish notices of the
election, as required by section 204D.22, subdivisions 2 and 3. The election shall be conducted and the returns
canvassed in the manner prescribed by sections 204D.20 to 204D.27, so far as
practicable.
Sec. 10. Minnesota
Statutes 2004, section 458.40, is amended to read:
458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.]
If a charter adopted under the Minnesota Constitution, article
IV, section 36, article XI, section 4, or article XII, section 5, has a
provision that requires the question of the issuance of bonds to be submitted
to the electors, the provision prevails over sections 458.36 to 458.40. The question must be submitted to voters
on one of the dates specified in section 204D.035, subdivision 3,
notwithstanding any contrary provision in the charter regarding the date of
submission.
Sec. 11. Minnesota Statutes 2004, section 465.82, subdivision 2, is
amended to read:
Subd. 2. [CONTENTS OF
PLAN.] The plan must state:
(1) the specific cooperative activities the units will engage
in during the first two years of the venture;
(2) the steps to be taken to effect the merger of the governmental
units, with completion no later than four years after the process begins;
(3) the steps by which a single governing body will be created
or, when the entire territory of a unit will be apportioned between or among
two or more units contiguous to the unit that is to be apportioned, the steps
to be taken by the governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;
(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the preliminary
cooperative activities and the final merger, and a two-, five-, and ten-year
projection of expenditures for each unit if it combined and if it remained
separate;
(5) treatment of employees of the merging governmental units,
specifically including provisions for reassigning employees, dealing with
exclusive representatives, and providing financial incentives to encourage
early retirements;
(6) financial arrangements for the merger, specifically including
responsibility for debt service on outstanding obligations of the merging
units;
(7) one- and two-year impact analyses, prepared by the granting
state agency at the request of the local government unit, of major state aid
revenues received for each unit if it combined and if it remained separate,
including an impact analysis, prepared by the Department of Revenue, of any
property tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F resulting from the
merger;
(8) procedures for a referendum to be held on a date
specified in section 204D.035, subdivision 3, before the proposed
combination to approve combining the local government units, specifically
stating whether a majority of those voting in each district proposed for
combination or a majority of those voting on the question in the entire area
proposed for combination is needed to pass the referendum; and
(9) a time schedule for implementation.
Notwithstanding clause (3) or any other law to the contrary,
all current members of the governing bodies of the local government units that
propose to combine under sections 465.81 to 465.86 may serve on the initial
governing body of the combined unit until a gradual reduction in membership is
achieved by foregoing election of new members when terms expire until the
number permitted by other law is reached.
Sec. 12. Minnesota
Statutes 2004, section 465.84, is amended to read:
465.84 [REFERENDUM.]
During the first or second year of cooperation, a referendum on
the question of combination must be conducted.
The referendum must be on a date specified in section 204D.035,
subdivision 3, and called by the governing bodies of the units that propose
to combine. The referendum must be
conducted according to the Minnesota Election Law, as defined in section
200.01. If the referendum fails, the
same question or a modified question may be submitted the following year. If the referendum fails again, the same question
may not be submitted. Referendums shall
be conducted on the same date in all local government units.
Sec. 13. Minnesota
Statutes 2004, section 469.053, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] A city may increase its levy for port authority purposes under
subdivision 4 only as provided in this subdivision. Its city council must first pass a resolution stating the
proposed amount of levy increase. The
city must then publish the resolution together with a notice of public hearing
on the resolution for two successive weeks in its official newspaper or, if
none exists, in a newspaper of general circulation in the city. The hearing must be held two to four weeks
after the first publication. After the
hearing, the city council may decide to take no action or may adopt a
resolution authorizing the proposed increase or a lesser increase. A resolution authorizing an increase must be
published in the city's official newspaper or, if none exists, in a newspaper
of general circulation in the city. The
resolution is not effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of publication of the
resolution. The petition must be signed
by voters equaling five percent of the votes cast in the city in the last
general election. The resolution is
effective if approved by a majority of those voting on the question. The commissioner of revenue shall prepare a
suggested form of referendum question.
The referendum must be held at a special or general election before
October 1 on a date specified in section 204D.035, subdivision 3, of
the year for which the levy increase is proposed.
Sec. 14. Minnesota
Statutes 2004, section 469.0724, is amended to read:
469.0724 [GENERAL OBLIGATION BONDS.]
The port authority of Cannon Falls or Redwood Falls must not
proceed with the sale of general obligation tax supported bonds until the city
council by resolution approves the proposed issuance. The resolution must be published in the official newspaper. If, within 30 days after the publication, a
petition signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city clerk, the city
and port authority must not issue the general obligation tax supported bonds
until the proposition has been approved by a majority of the votes cast on the
question at a regular or special election held on one of the dates specified
in section 204D.035, subdivision 3.
Sec. 15. Minnesota
Statutes 2004, section 469.190, subdivision 5, is amended to read:
Subd. 5. [REVERSE
REFERENDUM.] If the county board passes a resolution under subdivision 4 to
impose the tax, the resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized territory, together
with a notice fixing a date for a public hearing on the proposed tax.
The hearing must be held not less than two weeks nor more than
four weeks after the first publication of the notice. After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax as originally
proposed or approving a lesser rate of tax.
The resolution must be published in a newspaper of general circulation
within the unorganized territory. The
voters of the unorganized territory may request a referendum on the proposed
tax by filing a petition with the county auditor within 30 days after the
resolution is published. The petition
must be signed by voters who reside in the unorganized territory. The number of signatures must equal at least
five percent of the number of persons voting in the unorganized territory in
the last general election. If such a
petition is timely filed, the resolution is not effective until it has been
submitted to the voters residing in the unorganized territory at a general or
special election held on one of the dates specified in section 204D.035,
subdivision 3, and a majority of votes cast on the question of approving
the resolution are in the affirmative.
The commissioner of revenue shall prepare a suggested form of question
to be presented at the referendum.
Sec. 16. Minnesota
Statutes 2004, section 475.521, subdivision 2, is amended to read:
Subd. 2. [ELECTION
REQUIREMENT.] (a) Bonds issued by a city to finance capital improvements under
an approved capital improvements plan are not subject to the election
requirements of section 475.58. The
bonds are subject to the net debt limits under section 475.53. The bonds must be approved by an affirmative
vote of three-fifths of the members of a five-member city council. In the case of a city council having more
than five members, the bonds must be approved by a vote of at least two-thirds
of the city council.
(b) Before the issuance of bonds qualifying under this section,
the city must publish a notice of its intention to issue the bonds and the date
and time of the hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the city or in a newspaper of general circulation in the
city. Additionally, the notice may be
posted on the official Web site, if any, of the city. The notice must be published at least 14 but not more than 28
days before the date of the hearing.
(c) A city may issue the bonds only after obtaining the
approval of a majority of the voters voting on the question of issuing the
obligations, if a petition requesting a vote on the issuance is signed by
voters equal to five percent of the votes cast in the city in the last general
election and is filed with the city clerk within 30 days after the public
hearing. The commissioner of revenue
shall prepare a suggested form of the question to be presented at the election. The election must be held on one of the
dates specified in section 204D.035, subdivision 3.
Sec. 17. Minnesota
Statutes 2004, section 475.58, subdivision 1, is amended to read:
Subdivision 1.
[APPROVAL BY ELECTORS; EXCEPTIONS.] Obligations authorized by law or
charter may be issued by any municipality upon obtaining the approval of a
majority of the electors voting at a special or general election held on one
of the dates specified in section 204D.035, subdivision 3, on the question
of issuing the obligations, but an election shall not be required to authorize
obligations issued:
(1) to pay any unpaid judgment against the municipality;
(2) for refunding obligations;
(3) for an improvement or improvement program, which obligation
is payable wholly or partly from the proceeds of special assessments levied
upon property specially benefited by the improvement or by an improvement
within the improvement program, or of taxes levied upon the increased value of
property within a district for the development of which the improvement is
undertaken, including obligations which are the general obligations of the
municipality, if the municipality is entitled to reimbursement in whole or in
part from the proceeds of such special assessments or taxes and not less than
20 percent of the cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the proceeds of
federal grant funds or a combination thereof, or is estimated to be received
from such taxes within the district;
(4) payable wholly from the income of revenue producing
conveniences;
(5) under the provisions of a home rule charter which permits
the issuance of obligations of the municipality without election;
(6) under the provisions of a law which permits the issuance of
obligations of a municipality without an election;
(7) to fund pension or retirement fund liabilities pursuant to
section 475.52, subdivision 6;
(8) under a capital improvement plan under section 373.40;
and
(9) under sections 469.1813 to 469.1815 (property tax abatement
authority bonds), if the proceeds of the bonds are not used for a purpose
prohibited under section 469.176, subdivision 4g, paragraph (b).
Sec. 18. Minnesota
Statutes 2004, section 475.58, subdivision 1a, is amended to read:
Subd. 1a. [RESUBMISSION
LIMITATION.] If the electors do not approve the issuing of obligations at an
election required by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted to the
electors within a period of until a special or general election held
on a date specified in section 204D.035, subdivision 3, and not sooner than
180 days from the date the election was held.
If the question of authorizing the obligations for the same purpose and
in the same amount is not approved a second time it may not be submitted to the
electors within a period of one year after the second election.
Sec. 19. Minnesota
Statutes 2004, section 475.59, is amended to read:
475.59 [MANNER OF SUBMISSION; NOTICE.]
When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it shall provide
for submission of the proposition of their issuance at a general or special
election held on a date specified in section 204D.035, subdivision 3, oder
at a town or common school district meeting. Notice of such election or meeting shall be
given in the manner required by law and shall state the maximum amount and the
purpose of the proposed issue. In any
school district, the school board or board of education may, according to its
judgment and discretion, submit as a single ballot question or as two or more
separate questions in the notice of election and ballots the proposition of
their issuance for any one or more of the following, stated conjunctively or in
the alternative: acquisition or
enlargement of sites, acquisition, betterment, erection, furnishing, equipping
of one or more new schoolhouses, remodeling, repairing, improving, adding to,
betterment, furnishing, equipping of one or more existing schoolhouses. In any city, town, or county, the governing
body may, according to its judgment and discretion, submit as a single ballot
question or as two or more separate questions in the notice of election and
ballots the proposition of their issuance, stated conjunctively or in the
alternative, for the acquisition, construction, or improvement of any
facilities at one or more locations.
Sec. 20. [REPEALER.]
Minnesota Statutes 2004, sections 204C.05, subdivisions 1a
and 1b; 205.175; and 205A.09, are repealed.
Sec. 21. [EFFECTIVE
DATE.]
This article is effective January 1, 2006. Section 17 is effective for obligations
authorized at an election held after January 1, 2006."
Delete the title and insert:
"A bill for an act relating to elections; changing certain
requirements and provisions; amending Minnesota Statutes 2004, sections 3.02;
10A.01, subdivisions 5, 9, by adding a subdivision; 10A.025, by adding a
subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5; 10A.27,
subdivision 1; 10A.28, subdivision 2; 10A.31, subdivision 4; 123B.63,
subdivision 3; 126C.17, subdivision 11; 200.02, subdivisions 7, 23, by adding a
subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091,
subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04,
subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2;
204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3;
204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision
1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivision 1;
204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10,
subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09,
subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57,
subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1; 206.61,
subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions
1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90,
subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06;
208.07; 208.08; 211B.01, subdivision 3; 211B.13, subdivision 1; 358.11; 373.40,
subdivision 2; 375.20; 414.01, by adding a subdivision; 447.32, subdivision 4;
458.40; 465.82, subdivision 2; 465.84; 469.053, subdivision 5; 469.0724;
469.190, subdivision 5; 471.895, subdivision 3; 475.521, subdivision 2; 475.58,
subdivisions 1, 1a; 475.59; proposing coding for new law in Minnesota Statutes,
chapters 204D; 205; 205A; 414; repealing Minnesota Statutes 2004, sections
204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7;
205.175; 205A.09; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500,
subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400,
subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1."
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. 1809, A bill for an act relating to insurance;
regulating agency terminations, coverages, fees, forms, disclosures, reports,
information security, and premiums; amending Minnesota Statutes 2004, sections
59A.12, subdivision 2; 60A.14, subdivision 1; 60A.171, subdivision 11; 60A.23,
subdivision 8; 60A.966; 60A.969; 62A.136; 62A.31, subdivision 1h; 62A.315;
62A.316; 62E.12; 62E.13, subdivision 2; 62L.03, subdivision 3; 62Q.471; 65A.29,
subdivision 11; 65B.48, subdivision 3; 72A.20, subdivisions 13, 36; 72A.201,
subdivisions 3, 4; 79.211, by adding a subdivision; 79.40; 79.56, subdivisions
1, 3; 79.62, subdivision 3; 79A.03, subdivision 9; 79A.04, subdivisions 2, 10;
79A.06, subdivision 5; 79A.12, subdivision 2; 79A.22, subdivision 11, by adding
a subdivision; 176.191, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 60A; 65A; 65B; repealing Minnesota Statutes 2004,
sections 61A.072, subdivision 2; 62E.03.
Reported the same back with the following amendments:
Page 11, after line 12, insert:
"Sec. 10. [60D.30]
[ELIGIBILITY DETERMINATION.]
Section 302A.521, subdivision 3, applies to a corporation
that is a member of an insurance holding company system, except if a
determination for advancement is not made under section 302A.521, subdivision
6, clauses (1) to (4), the corporation that is a member of an insurance holding
company system may make the determination that a person is entitled to payment
or reimbursement of expenses in advance of the final disposition of a
proceeding upon receipt of a written affirmation as provided in section
302A.521, subdivision 3."
Page 47, line 29, delete "10, 15, 16, 18, 22, 23, 27,
and 33 to 38" and insert "11, 16, 17, 19, 23, 24, 28, and 34
to 39"
Page 47, line 30, delete "19" and insert
"20"
Page 47, line 33, delete "21, and 28 to 30"
and insert "22, and 29 to 31"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 18, after "60A;" insert "60D;"
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. 1816, A bill for an act relating to human services;
extending coverage of certain mental health services; amending Minnesota
Statutes 2004, sections 148C.11, subdivision 1; 253B.02, subdivisions 7, 9;
253B.05, subdivision 2; 256.9693; 256B.0624, by adding a subdivision; 260C.141,
subdivision 2; 260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 260C.205;
260C.212, subdivision 1; repealing Laws 2001, First Special Session chapter 9,
article 9, section 52; Laws 2002, chapter 335, section 4.
Reported the same back with the following amendments:
Page 23, after line 4, insert:
"Sec. 4. Minnesota
Statutes 2004, section 609.2231, subdivision 3, is amended to read:
Subd. 3. [CORRECTIONAL
EMPLOYEES; PROBATION OFFICERS.] Whoever commits either of the following acts
against an employee of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), oder against a probation officer or other
qualified person employed in supervising offenders, or an employee or other
individual who provides care or treatment at a treatment facility as defined in
section 252.025, subdivision 7, or 253B.02, subdivision 18a, while the employee,
officer, or person is engaged in the performance of a duty imposed by law,
policy, or rule is guilty of a felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or
both:
(1) assaults the employee person and inflicts
demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids
or feces at or onto the employee person.
Sec. 5. [SUPREME COURT
TASK FORCE; STUDY REQUIRED.]
Subdivision 1.
[ESTABLISHMENT.] The Minnesota Supreme Court is requested to
establish a task force to study the use of the court system as an alternative
to the administrative process of the Special Review Board for reductions in
custody and discharge from commitment of those persons committed as a sexually
dangerous person or sexual psychopathic personality under Minnesota Statutes,
section 253B.185.
Subd. 2.
[MEMBERSHIP.] The task force shall consist of the following:
(1) a representative from the Minnesota Supreme Court;
(2) a court administrator;
(3) a district court judge;
(4) a county attorney selected by the County Attorney's
Association;
(5) a representative from the Attorney General's Office;
(6) the ombudsman for mental health and mental retardation;
(7) a law enforcement representative;
(8) a county case manager;
(9) a victim services representative;
(10) a person experienced in treating sex offenders;
(11) a defense attorney;
(12) the commissioner of human services or the
commissioner's designee;
(13) the state-operated services forensic medical director
or the medical director's designee;
(14) the commissioner of corrections or the commissioner's
designee;
(15) a representative from community corrections;
(16) a member of the Special Review Board; and
(17) any other persons deemed necessary by the Minnesota
Supreme Court.
Subd. 3.
[RECOMMENDATIONS.] The task force shall convene no later than August
1, 2005. The task force shall examine
current law and practices relating to the reduction in custody and discharge of
persons committed as a sexually dangerous person or sexual psychopathic
personality. The task force shall
examine the laws of other jurisdictions and shall make recommendations
regarding reduction in custody and discharge procedures and release
criteria. The recommendations may
suggest the establishment of a judicial process rather than the Special Review
Board to authorize a reduction in custody or discharge.
Subd. 4.
[REPORT.] The task force shall report to the chairs of the house
Public Safety Policy and Finance Committee and the senate Crime Prevention and
Public Safety Committee with recommendations by February 1, 2006."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "changing certain
civil commitment provisions; establishing a task force to study disposition of
persons committed as sexually dangerous or sexual psychopathic personality;
requiring a report;"
Page 1, line 9, before
"repealing" insert "609.2231, subdivision 3;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 1818, A bill for an act relating to transportation;
exempting certain unsubsidized providers of public transit service from vehicle
registration taxes, motor fuel taxes, and corporate income tax; deleting
restriction on use of freeway and expressway shoulders by transit buses;
requiring Metropolitan Council to permit providers of transit service to use
its bus stops; amending Minnesota Statutes 2004, sections 168.012, subdivision
1; 169.306; 290.01, subdivision 19d; 296A.07, subdivision 4; 296A.08,
subdivision 3; 473.411, by adding a subdivision.
Reported the same back with the recommendation that 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. 1824, A bill for an act relating to commerce;
regulating the powers and duties of, and annual reporting required for, certain
financial institutions; regulating safe deposit companies; removing obsolete
references to the credit union advisory task force; regulating residential
mortgage originators; regulating real estate brokers and salespersons;
providing for insurance license renewals; regulating for the voluntary
dissolution of fraternal benefit societies; prohibiting the deceptive use of a
financial institution name; amending Minnesota Statutes 2004, sections 47.10,
subdivision 1; 47.75; 48.10; 48.15, subdivision 4; 48.512, by adding a
subdivision; 52.062, subdivision 2; 55.10, subdivision 4; 58.16, subdivision 4;
60A.13, subdivision 5; 64B.30, by adding a subdivision; 82.17, subdivisions 10,
18; 82.36, subdivision 4; 82.41, subdivision 13; 299A.61, subdivision 3;
325F.69, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 58; repealing Minnesota Statutes 2004, section 52.062,
subdivision 3; Minnesota Rules, part 2675.2610, subpart 5.
Reported the same back with the following amendments:
Page 17, line 31, delete "47.59" and insert
"49.01"
Page 17, line 32, delete "1" and insert "2"
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. 1837, A bill for an act relating to local government;
authorizing city councils in cities of the first class to establish civil
rights or human rights departments; providing enforcement powers for housing
discrimination cases.
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.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 1845, A bill for an act relating to civil actions;
providing a factor for determining the amount of attorney fees awarded in
certain actions; proposing coding for new law in Minnesota Statutes, chapter
549.
Reported the same back with the following amendments:
Page 1, line 12, after the comma, insert "including
equitable relief,"
Page 1, line 17, delete everything after "who"
and insert "may be entitled to an"
Page 1, line 18, delete "to a statute that provides for
the" and after "fees" insert "under statute"
Page 1, line 22, delete everything after the period
Page 1, delete lines 23 to 25
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. 1948, A bill for an act relating to education;
prohibiting public school employees from using public funds and resources to
pass, elect, or defeat a political candidate or question; proposing coding for
new law in Minnesota Statutes, chapter 123B.
Reported the same back with the following amendments:
Page 1, line 15, delete "to pass, elect, or defeat a"
Page 1, line 16, delete "political candidate or
question" and insert "to advocate for electing or defeating a
candidate, passing or defeating a ballot question, or passing or defeating
pending legislation"
Page 1, line 21, delete "about a"
Page 1, delete line 22
Page 1, line 23, delete "political
question,"
Page 1, line 26, delete the comma and insert a period
Page 2, delete lines 1 to 3
Amend the title as follows:
Page 1, line 3, after "to" insert "advocate
to"
Page 1, lines 4 and 5, delete "or question" and
insert ", ballot question, or pending legislation"
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. 1973, A bill for an act relating to economic
development; authorizing metropolitan area counties to form economic
development authorities; amending Minnesota Statutes 2004, section 469.1082,
subdivision 1.
Reported the same back with the following amendments:
Page 1, after line 20, insert:
"Sec. 2. Minnesota
Statutes 2004, section 469.1082, is amended by adding a subdivision to read:
Subd. 8.
[SPECIAL LAW AUTHORITIES.] Nothing in this section shall alter or
impair the powers and obligations of an authority under the following special laws: Minnesota Statutes, section 383D.41; Laws
1974, chapter 473, as amended; and Laws 1980, chapter 482, as amended."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, before the period, insert ", by adding a
subdivision"
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. 1988, A bill for an act relating to building plan
review; providing an exemption from plan review for certain biotechnology
manufacturing firms when plans meet designated specifications; directing the
commissioner of labor and industry to study procedures for supervision of
installation of biotechnology piping systems; requiring a report to the
legislature.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 1, line 20, delete "Sec. 2." and insert
"Section 1."
Amend the title as follows:
Page 1, line 2, delete "providing an"
Page 1, delete lines 3 and 4
Page 1, line 5, delete "specifications;"
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. 2006, A bill for an act relating to natural
resources; establishing the Shooting Range Protection Act; requiring expedited
rulemaking; proposing coding for new law as Minnesota Statutes, chapter 87A.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Smith from the Committee on Public Safety Policy and Finance to
which was referred:
H. F. No. 2079, A bill for an act relating to public safety;
establishing the fire safety surcharge on fire premiums and assessments;
abolishing fire insurance tax; 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 be
re-referred to the Committee on Commerce and Financial Institutions without
further recommendation.
The report was adopted.
Erhardt from the Committee on Transportation to which was
referred:
H. F. No. 2097, A bill for an act relating to motor vehicles;
regulating registration tax refunds; modifying registration procedures; making
technical and clarifying changes; amending Minnesota Statutes 2004, sections
168.011, subdivisions 3, 4, 5, 5a, 6, 7, by adding subdivisions; 168.15, subdivision
1; 168.16; 168.31, subdivision 5; repealing Minnesota Statutes 2004, sections
168.011, subdivision 19; 168.15, subdivision 2.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Transportation Finance.
The report was adopted.
Smith from the Committee on Public Safety Policy and
Finance to which was referred:
H. F. No. 2116, A bill for an act relating to elections;
campaign finance; increasing disclosure requirements; limiting contributions to
political committees, political funds, and political party units; releasing a
candidate from spending limits in case of certain independent expenditures;
limiting independent expenditures by political party units; amending Minnesota
Statutes 2004, sections 10A.01, by adding a subdivision; 10A.14, subdivision 1;
10A.20, by adding subdivisions; 10A.25, by adding a subdivision; 10A.28,
subdivision 2; 10A.322, subdivisions 2, 4, by adding a subdivision; 290.06,
subdivision 23; proposing coding for new law in Minnesota Statutes, chapter
10A.
Reported the same back with the following amendments:
Page 1, line 19, after the first "a" insert
"broadcast"
Page 1, line 25, delete "or newspaper"
Page 1, line 26, delete "or newspaper"
Page 3, line 14, delete everything after
"EXPENDITURES"
Page 3, line 15, delete "CANDIDATE"
Page 3, line 29, delete everything after the period
Page 3, delete lines 30 to 33
Page 4, line 12, delete everything after the period
Page 4, delete lines 13 to 30
Pages 4 and 5, delete sections 6 and 7 and insert:
"Sec. 6. Minnesota Statutes 2004, section 10A.25,
subdivision 2, is amended to read:
Subd. 2. [AMOUNTS.] (a)
In a year in which an election is held for an office sought by a candidate, the
principal campaign committee of the candidate must not make campaign
expenditures nor permit approved expenditures to be made on behalf of the
candidate that result in aggregate expenditures in excess of the following:
(1) for governor and lieutenant governor, running together, $2,188,090
$2,500,000;
(2) for attorney general, $364,690 $1,250,000;
(3) for secretary of state and state auditor, separately, $182,350
$625,000;
(4) for state senator, $54,740;
(5) for state representative, $28,400.
(b) In addition to the amount in paragraph (a), clause (1), a
candidate for endorsement for the office of lieutenant governor at the
convention of a political party may make campaign expenditures and approved
expenditures of five percent of that amount to seek endorsement.
(c) If a special election cycle occurs during a general
election cycle, expenditures by or on behalf of a candidate in the special
election do not count as expenditures by or on behalf of the candidate in the
general election.
(d) The expenditure limits in this subdivision for an office
are increased by ten percent for a candidate who is running for that office for
the first time and who has not run previously for any other office whose
territory now includes a population that is more than one-third of the
population in the territory of the new office."
Pages 5 and 6, delete sections 9 and 10
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete "increasing" and insert
"changing certain"
Page 1, line 3, delete everything after the semicolon
Page 1, delete lines 4 to 6
Page 1, line 8, after the semicolon, insert "regulating
electioneering communications; increasing certain expenditure limits;
establishing a work group;"
Page 1, line 10, delete "by adding a" and insert
"subdivision 2;"
Page 1, line 11, delete "subdivision; 10A.28, subdivision
2;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 2129, A bill for an act relating to horse racing;
providing for electronic wagers; amending Minnesota Statutes 2004, sections
240.13, by adding a subdivision; 240.30, subdivision 8.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 240.30, subdivision 8, is amended to
read:
Subd. 8. [LIMITATIONS.]
(a) The commission may not approve any plan of operation under
subdivision 6 that exceeds any of the following limitations:
(1) the maximum number of tables used for card playing at the
card club at any one time, other than tables used for instruction,
demonstrations, or tournament play, may not exceed 50 90. The table limit exception for tournament
play is allowed for only one tournament two tournaments per year
that lasts for no longer total no more than 14 21
days each;
(2) except as provided in clause (3), no wager may exceed
$60;
(3) for games in which each player is allowed to make only one
wager or has a limited opportunity to change that wager, no wager may exceed
$300.
(b) The commission may not approve any plan of operation
under subdivision 6 that does not provide for reasonable accommodations for
players with disabilities.
Accommodations to the table and the cards shall include, among other
things, the announcement of the cards visible to the entire table and the use
of Braille cards for players who are blind."
Delete the title and insert:
"A bill for an act relating to gambling; modifying certain
provisions relating to card clubs; amending Minnesota Statutes 2004, section
240.30, subdivision 8."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 2141, A bill for an act relating to commerce;
modifying definition of "wage"; amending Minnesota Statutes 2004,
section 177.23, subdivision 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 177.23, subdivision 4, is amended to
read:
Subd. 4. [WAGE.]
"Wage" means compensation due to an employee by reason of employment,
payable in: (1) legal tender of
the United States,; (2) check on banks convertible into cash on
demand at full face value or,; (3) except for instances of
written objection to the employer by the employee, direct deposit to the
employee's choice of demand deposit account; or (4) an electronic fund
transfer to a payroll card account that meets all of the requirements set forth
in section 177.255, subject to allowances permitted by rules of the
department under section 177.28.
Sec. 2. [177.255]
[PAYROLL CARD ACCOUNTS.]
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the following terms
have the meanings given them in this subdivision.
(a) "Payroll card" means a card issued to an
employee to spend or withdraw funds from the employee's payroll card account.
(b) "Payroll card account" means an account that
is established by an employer on behalf of an employee to which electronic fund
transfers of the employee's wages are paid by the employer as required by this
chapter and for which a payroll card is issued to the employee by the
employer. The payroll card account and
wages transferred to the payroll card account must
be owned by the employee and be subject to withdrawal and other disposition by
the employee to the same extent and in the same manner as if the funds were
deposited into the account by the employee.
(c) "Payroll card issuer" means a bank or other
entity that issues a payroll card on behalf of the employer.
(d) "Offers a payroll card" includes both direct
offers by the employer and employer distribution to employees of material
describing a payroll card program prepared by a payroll card issuer.
(e) "Free" means no fee is deducted from the
employee's payroll card account or charged to the employee by any entity.
(f) "Fee" means any and all fees, charges,
surcharges, or costs deducted from an employee's payroll card account or
charged to an employee by any entity.
Subd. 2.
[AVAILABILITY OF WAGES.] An employee who chooses to receive wages by
electronic fund transfer to a payroll card account shall be able to withdraw
from the employee's payroll account by a free transaction the employee's entire
net pay, as stated on the employee's earnings statement, on the employee's
regular payday.
Subd. 3.
[WRITTEN DISCLOSURE.] When offering an employee the option of payment
of wages by electronic fund transfer to a payroll card account, an employer
shall provide to the employee full written disclosure of all the employee's
wage payment options and of the terms and conditions of each option and the
employee's and employer's rights, liabilities, and responsibilities under each
option. The written disclosure shall
include a complete itemized list of all fees and the minimum and maximum dollar
amount of each fee that may be deducted from the employee's payroll card
account or may be charged to the employee, by any entity, if the employee
chooses to be paid by electronic fund transfer to a payroll card account,
including but not limited to, automated teller machine fees, foreign automated
teller machine fees, card issuance fees, card activation fees, card replacement
fees, fees to close the payroll card account or withdraw remaining funds,
monthly fees, balance inquiry fees, fees per transaction, fees for excess
transactions, point of sale fees, inactivity or dormancy fees, loading fees,
fees for statements and transaction histories, and fees related to the provision
of customer service. A copy of the
written disclosure must be provided to the employee.
Subd. 4.
[WRITTEN CONSENT.] The employer may initiate payment by electronic
fund transfer to a payroll card account only after the employee has consented
in writing to that method of payment, fully and freely without any coercion,
intimidation, or fear of reprisal.
Consent to payment by electronic fund transfer to a payroll card account
shall not be a condition of hire or of employment. The written consent signed by the employee must include the
itemized list of all fees and the minimum and maximum amount of each fee that
may be deducted from the employee's payroll card account or charged to the
employee by any entity. A copy of the
signed written consent must be provided to the employee.
Subd. 5.
[TRANSACTIONS; STATEMENTS; FEES.] The employer shall provide to the
employee at least one free transaction of the employee's choice each pay period
and at least one free statement and transaction history each month that
includes all deposits, withdrawals, deductions, or charges by any entity from
or to the employee's payroll card account.
Any fee not fully disclosed to the employee under subdivision 3 or not
included in the written consent signed by the employee as required by
subdivision 4, shall not be deducted from the employee's payroll card account
or charged to the employee by any entity.
Subd. 6. [NO
LINK TO CREDIT.] The employer, depository institution, financial
institution, or payroll card issuer shall not link the payroll card or payroll
card account to any form of credit including, but not limited to, a loan
against future pay or a cash advance on future pay.
Subd. 7. [PERSONAL INFORMATION.] An employer is
not entitled to any information generated by the employee's possession or use
of a payroll card or payroll card account except to process transactions and
administer the payroll card and payroll card account. The employer shall also require that the payroll card issuer,
depository institution, or financial institution where the payroll card
accounts are maintained, agree not to use any information generated by the
possession or use of the payroll card or payroll card account for any purpose
except to process transactions and administer the payroll card and payroll card
account.
Subd. 8.
[LANGUAGES OTHER THAN ENGLISH.] Any employer who offers a payroll
card to an employee using written materials in a language other than English,
shall provide, or require in its contract with the payroll card issuer that all
written disclosures be provided, in such other language to the employee, and
that consumer services be provided in such other language to the employee.
Subd. 9. [DIRECT
DEPOSIT PROTECTIONS.] Notwithstanding any other provision of law to the
contrary, any existing statutory protections provided to employees who receive
payment of wages by the method of direct deposit into a bank account shall be
extended to employees who receive payment of wages by electronic fund transfer
into a payroll card account.
Subd. 10.
[CHANGE OF WAGE PAYMENT METHOD.] If an employee who is being paid
wages by electronic fund transfer to a payroll card account requests, in
writing, to be paid wages by legal tender, check, or direct deposit, the
employer shall, within 14 days of the employee's request, begin payment by the
requested method.
Subd. 11.
[VIOLATION; PENALTY.] A violation of this section shall be considered
a violation of section 181.79 and shall be penalized accordingly.
[EFFECTIVE DATE.] This
act is effective...."
Delete the title and insert:
"A bill for an act relating to commerce; modifying the
definition of "wage"; regulating payroll card accounts; amending
Minnesota Statutes 2004, section 177.23, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 177."
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. 2143, A resolution memorializing the President,
Congress, and the United States Postal Service to maintain current levels of
service.
Reported the same back with the following amendments:
Page 3, line 19, delete "Secretary of State" and
insert "Chairs of the House and Senate Governmental Operations
Committees"
Page 3, line 20, delete "is"
and insert "are"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
Johnson, J., from the Committee on Civil Law and Elections to
which was referred:
H. F. No. 2156, A bill for an act relating to civil law;
providing for use of financial planners in preparing a conservator's inventory
for the court; providing a certified public accountant's audit to be used in
the conservator's annual accounting; amending Minnesota Statutes 2004, sections
524.5-419; 524.5-420.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 524.5-417, is amended to read:
524.5-417 [GENERAL POWERS AND DUTIES OF CONSERVATOR.]
(a) A conservator shall be subject to the control and direction
of the court at all times and in all things.
(b) The court shall grant to a conservator only those powers
necessary to provide for the demonstrated needs of the protected person.
(c) The court may appoint a conservator if it determines that
all the powers and duties listed in this section are needed to provide for the
needs of the protected person. The
court may also appoint a conservator if it determines that a conservator is
necessary to provide for the needs of the protected person through the exercise
of some, but not all, of the powers and duties listed in this section. The duties and powers of a conservator
include, but are not limited to:
(1) the duty to pay the reasonable charges for the support,
maintenance, and education of the protected person in a manner suitable to the
protected person's station in life and the value of the estate. Nothing herein contained shall release
parents from obligations imposed by law for the support, maintenance, and
education of their children. The
conservator has no duty to pay for these requirements out of personal
funds. Wherever possible and
appropriate, the conservator should meet these requirements through
governmental benefits or services to which the protected person is entitled,
rather than from the protected person's estate. Failure to satisfy the needs and requirements of this section
shall be grounds for removal, but the conservator shall have no personal or
monetary liability;
(2) the duty to pay out of the protected person's estate all
lawful debts of the protected person and the reasonable charges incurred for
the support, maintenance, and education of the protected person's spouse and
dependent children and, upon order of the court, pay such sum as the court may
fix as reasonable for the support of any person unable to earn a livelihood who
is legally entitled to support from the protected person;
(3) the duty to possess and manage the estate, collect all
debts and claims in favor of the protected person, or, with the approval of the
court, compromise them, institute suit on behalf of the protected person and
represent the protected person in any court proceedings, and invest all funds
not currently needed for the debts and charges named in clauses (1) and (2) and
the management of the estate, in accordance with the provisions of sections
48A.07, subdivision
6, and 501B.151, and 524.5-423, or as otherwise ordered by the
court. The standard of a fiduciary
shall be applicable to all investments by a conservator. A conservator shall also have the power to
purchase certain contracts of insurance as provided in section 50.14,
subdivision 14, clause (b);
(4) where a protected person has inherited an undivided
interest in real estate, the court, on a showing that it is for the best
interest of the protected person, may authorize an exchange or sale of the
protected person's interest or a purchase by the protected person of any
interest other heirs may have in the real estate, subject to the procedures and
notice requirements of section 524.5-418;
(5) the power to approve or withhold approval of any contract,
except for necessities, which the protected person may make or wish to make;
and
(6) the power to apply on behalf of the protected person for
any assistance, services, or benefits available to the protected person through
any unit of government.
(d) The conservator shall have the power to revoke, suspend, or
terminate all or any part of a durable power of attorney of which the protected
person is the principal with the same power the principal would have if the principal
were not incapacitated. If a durable
power of attorney is in effect, a decision of the conservator takes precedence
over that of an attorney-in-fact.
(e) Transaction set aside.
If a protected person has made a financial transaction or gift or entered
into a contract during the two-year period before establishment of the
conservatorship, the conservator may petition for court review of the
transaction, gift, or contract. If the
court finds that the protected person was incapacitated or subject to duress,
coercion, or undue influence when the transaction, gift, or contract was made,
the court may declare the transaction, gift, or contract void except as against
a bona fide transferee for value and order reimbursement or other appropriate
relief. This paragraph does not affect
any other right or remedy that may be available to the protected person with
respect to the transaction, gift, or contract.
(f) After the filing of the petition, a certificate of the
district court certified to that fact may be filed for record with the
Minnesota secretary of state in the same manner as provided in section
336.9-501. The certificate shall state
that a petition is pending and the name and address of the person for whom a
conservator is sought. If a conservator
is appointed on the petition, and if the conservatorship order removes or
restricts the right of the protected person to transfer property or to
contract, then all contracts except for necessaries, and all transfers of
personal property, tangible or intangible, including, but not limited to, cash
or securities transfers at banks, brokerage houses, or other financial
institutions, or transfers of cash or securities, made by the protected person
after the filing and before the termination of the conservatorship shall be
voidable.
Sec. 2. Minnesota
Statutes 2004, section 524.5-423, is amended to read:
524.5-423 [SALE, ENCUMBRANCE,
OR OTHER TRANSACTION INVOLVING CONFLICT OF INTEREST.]
Any transaction involving the conservatorship estate which is affected
by a conflict between the conservator's fiduciary and personal interests is
voidable unless the transaction is expressly authorized by the court after
notice to interested persons. A
transaction affected by a conflict between personal and fiduciary interests
includes any sale, encumbrance, or other transaction involving the
conservatorship estate entered into by the conservator, the spouse, descendant,
agent, or lawyer of a conservator, or corporation or other enterprise in which
the conservator has a beneficial
interest. Notwithstanding a conflict
between the conservator's fiduciary and personal interests, the court has
discretion to allow a transaction of beneficial interest to the conservator, as
long as the conservator can prove that this transaction is in the best interest
of the protected person.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and shall include all proceedings open or
pending on that date."
Delete the title and insert:
"A bill for an act relating to civil law; changing certain
powers and duties of conservators; amending Minnesota Statutes 2004, sections
524.5-417; 524.5-423."
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. 2212, A bill for an act relating to the Minnesota
sesquicentennial; establishing a Sesquicentennial Commission; appropriating
money.
Reported the same back with the following amendments:
Page 2, after line 26, insert:
"Subd. 5.
[COMMEMORATIVE COIN.] The commission may arrange for design,
production, distribution, marketing, and sale of a commemorative coin. Proceeds from sale of the commemorative coin
are appropriated to the commission."
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.
Davids from the Committee on Agriculture and Rural Development
to which was referred:
H. F. No. 2249, A bill for an act relating to agriculture;
extending the existence of the Organic Advisory Task Force; amending Minnesota
Statutes 2004, section 31.94.
Reported the same back with the following amendments:
Page 3, line 14, delete "2011" and insert
"2007"
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.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
H. F. No. 2255, A bill for an act relating to vehicle
insurance; requiring the commissioner of public safety to discontinue insurance
verification sampling program until the commissioner modifies program;
declaring charges for violations of sampling program laws to be void;
reinstating certain drivers' licenses; requiring report; authorizing resumption
of sampling program.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[SUSPENSION OF PROGRAM TO VERIFY INSURANCE COVERAGE THROUGH SAMPLING.]
The commissioner of public safety shall take no action under
Minnesota Statutes, section 169.796, subdivision 3, and shall discontinue all
activities related to the program to verify insurance coverage through
sampling, except as provided in sections 2 to 9.
Sec. 2. [REINSTATEMENT
OF SUSPENDED LICENSES.]
The commissioner, without requiring proof of insurance or
payment of a reinstatement fee, shall reinstate the driver's license of every
vehicle owner whose license is suspended under Minnesota Statutes, section
169.796, subdivision 3, retroactive to the date of the suspension. The commissioner shall promptly refund any
such reinstatement fees previously paid.
Sec. 3. [DISMISSAL OF
CHARGES.]
All charges, complaints, and citations issued for a
violation of Minnesota Statutes, section 169.796, subdivision 3, or a related
violation, including driving after a license suspension imposed for failure to
comply with the provisions of Minnesota Statutes, section 169.796, subdivision
3, are void and must be dismissed.
Sec. 4. [REMOVAL OF
PREVIOUS VIOLATIONS.]
The commissioner shall purge from a person's driving record
any notation of a violation of Minnesota Statutes, section 169.796, subdivision
3, and any notation of a related suspension or violation, including driving
after a license suspension imposed for failure to comply with the provisions of
Minnesota Statutes, section 169.796, subdivision 3. An insurer may not increase a premium for a policy of vehicle
insurance on the basis of a violation described in this section by a named
insured if the violation occurred before the effective date of this act, and any
such increase previously imposed must be rescinded and any related premium
increase promptly refunded.
Sec. 5. [REMEDIATION
FOR CONVICTIONS.]
(a) A court in which a conviction for an offense referred to
in section 3 occurred, must vacate the conviction, on its own motion, without
cost to the person convicted, and must immediately notify the person that the
conviction has been vacated.
(b) The commissioner of finance, in consultation with the
Supreme Court administrator, shall develop and implement a procedure to refund
to the licensee any fine paid by the licensee for a conviction vacated under
paragraph (a), without requiring that the licensee request the refund. The procedure may require recovery of portions
of the fines that have been allocated by law to local government units.
Sec. 6.
[REMEDIATION BY INSURERS.]
(a) Insurers that issue or renew motor vehicle insurance in
this state shall, within 60 days after the effective date of this section,
inform the commissioner of commerce as to whether it has canceled, failed to
renew, denied an application for coverage, or imposed a surcharge on any motor
vehicle insurance due to a suspension or conviction as a result of the law
referenced in section 1, provide a list of any such persons, and indicate for
each person the remediation the insurer intends to provide.
(b) Remediation under paragraph (a) must compensate the
victim by providing refunds and reinstatements of coverage.
(c) Insurers shall provide the remediation without requiring
that the person make a request for remediation.
(d) The commissioner of commerce shall enforce this section
under its general enforcement powers under Minnesota Statutes, chapter 45.
Sec. 7. [PUBLIC SAFETY
FUNDING.]
The commissioner of public safety shall use funds
appropriated for purposes of the law referenced in section 1 and not yet spent
for that purpose to accomplish the remediation required under this act. The funds that are unspent at the end of the
2005 fiscal year may be carried forward into the next biennium if necessary to
complete the remediation.
Sec. 8. [REPORT.]
The commissioner shall report to the chairs of the senate
and house of representatives committees with jurisdiction over transportation
policy no later than March 15, 2006, concerning the program of sampling to
verify insurance coverage. The report
must:
(1) identify the measures that the commissioner will
implement to ensure that the commissioner's request to furnish insurance
information is delivered to the addressee;
(2) describe proposed modifications to the request form and
the envelope that will call attention to the urgency of the request and the
need for a prompt reply;
(3) propose changes to the program to ensure that a vehicle
owner will receive actual notice of the commissioner's intent to suspend the
owner's driver's license, and that actual notice will be given with adequate
time and opportunity for the owner to respond and avoid the suspension; and
(4) identify any changes in statute necessary to allow the
commissioner to implement the recommended changes.
Sec. 9. [TESTING AND
RESUMPTION OF SAMPLING PROGRAM.]
On or after June 10, 2006, the commissioner shall implement
the sampling program under Minnesota Statutes, section 169.796, subdivision 3,
as modified according to the report in section 8. On or after March 22, 2006, the commissioner may request
verification of insurance coverage from vehicle owners under Minnesota
Statutes, section 169.796, subdivision 3, incorporating the modifications
proposed in the report, but the commissioner may not suspend driver's licenses
under this subdivision or impose any other penalties before the full resumption
of the sampling program on or after June 10, 2006.
Sec. 10.
[APPROPRIATION.]
$....... is appropriated from the general fund to the
commissioner of finance for fiscal year 2005 for the purpose of making the
refunds of fines required under this act.
Any amounts not expended for that purpose in fiscal year 2005 may be
carried forward to the following biennium for that purpose if necessary.
Sec. 11. [EFFECTIVE
DATE.]
Sections 1 to 10 are effective the day following final
enactment and expire on June 10, 2006."
Delete the title and insert:
"A bill for an act relating to vehicle insurance;
requiring the commissioner of public safety to discontinue insurance
verification sampling program until the commissioner modifies program;
declaring charges for violations of sampling program laws to be void; providing
remediation; reinstating certain drivers' licenses; requiring report;
authorizing resumption of sampling program; appropriating money."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Transportation Finance.
The report was adopted.
Tingelstad from the Committee on Governmental Operations and
Veterans Affairs to which was referred:
H. F. No. 2289, A bill for an act relating to veterans affairs;
authorizing the commissioner of veterans affairs to establish a program of
outreach to minority veterans; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 197.
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.
Bradley from the Committee on Health Policy and Finance to
which was referred:
S. F. No. 271, A bill for an act relating to health; modifying
access to certified death records; amending Minnesota Statutes 2004, section
144.225, subdivision 7.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Wilkin from the Committee on Commerce and Financial
Institutions to which was referred:
S. F. No. 453, A bill for an act relating to auctioneers;
modifying auctioneer license numbering requirements for county auditors;
amending Minnesota Statutes 2004, sections 330.01, subdivision 1; 330.08.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 519, 1143, 1272, 1298, 1368, 1532, 1551, 1555, 1585,
1655, 1717, 1730, 1785, 1809, 1816, 1824, 1845, 1948, 1973, 1988, 2006, 2116,
2141 and 2156 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 271 and 453 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Hackbarth introduced:
H. F. No. 2381, A bill for an act relating to natural
resources; proposing an amendment to the Minnesota Constitution by adding a
section to article XI; dedicating the sales and use tax receipts equal to a
sales and use tax of one-eighth of one percent on taxable sales and uses for
water resource purposes; creating a clean water fund; establishing a Clean
Waters Council; providing appointments; proposing coding for new law in
Minnesota Statutes, chapter 103F.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Urdahl and Newman introduced:
H. F. No. 2382, A memorial resolution asking the residents of
Minnesota for tolerance of different views on animal agriculture production
practices; making 2005 the year the Minnesota feedlot war ended, and a new era
beginning for Minnesota livestock farmers characterized by peace, love,
harmony, and acceptance of diversity.
The bill was read for the first time and referred to the
Committee on Agriculture and Rural Development.
Seifert and Koenen introduced:
H. F. No. 2383, A bill for an act relating to education
finance; creating an alternative secondary sparsity calculation; amending
Minnesota Statutes, section 126C.10, subdivision 6.
The bill was read for the first time and referred to the
Committee on Education Finance.
Demmer, Juhnke, Urdahl, Heidgerken and Peterson, A.,
introduced:
H. F. No. 2384, A bill for an act relating to education;
providing for verification of school bus drivers' licenses by a certain date;
amending Minnesota Statutes 2004, section 171.321, subdivision 5.
The bill was read for the first time and referred to the
Committee on Transportation.
Davnie and Kelliher introduced:
H. F. No. 2385, A bill for an act relating to taxation;
property; establishing a low-income apartment property class; restricting
market value of certain low-income apartment property based on actual rent;
amending Minnesota Statutes 2004, section 273.13, subdivision 25; proposing
coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the first time and referred to the
Committee on Taxes.
Davnie and Kelliher introduced:
H. F. No. 2386, A bill for an act relating to taxation;
property; establishing a low-income apartment property class; restricting
market value based on actual rent; amending Minnesota Statutes 2004, section
273.13, subdivision 25; proposing coding for new law in Minnesota Statutes,
chapter 273.
The bill was read for the first time and referred to the
Committee on Taxes.
Abeler, Westerberg and Bernardy introduced:
H. F. No. 2387, A bill for an act relating to the city of
Ramsey; providing for the creation of a tax increment financing district to
provide housing for elderly and disabled persons.
The bill was read for the first time and referred to the Committee
on Taxes.
Powell introduced:
H. F. No. 2388, A bill for an act relating to human services;
limiting coverage of gender reassignment surgery under state health care
programs; amending Minnesota Statutes 2004, sections 256B.0625, subdivision 3a;
256D.03, subdivision 4.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Powell introduced:
H. F. No. 2389, A bill for an act relating to health
occupations; modifying the Psychology Practice Act; phasing out licensure as a
licensed psychological practitioner; amending Minnesota Statutes 2004, sections
148.89, subdivision 5; 148.90, subdivision 1; 148.907, by adding a subdivision;
148.908, subdivision 2, by adding a subdivision; 148.909; 148.916, subdivision
2; 148.925, subdivision 6; 148.941, subdivision 2; 148.96, subdivision 3.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Abeler introduced:
H. F. No. 2390, A bill for an act relating to human services;
modifying medical assistance coverage of circumcision for newborns; 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.
Atkins introduced:
H. F. No. 2391, A bill for an act relating to professional
sports stadium funding; requiring implementation of certain drug testing
programs for players in sports facilities receiving state funding.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Eken, Moe, Lieder, Koenen, Bernardy, Hornstein and Sailer
introduced:
H. F. No. 2392, A bill for an act relating to domestic abuse
training; requiring additional training for peace officers, teachers, and
school administrators; amending Minnesota Statutes 2004, section 626.8451,
subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter
122A.
The bill was read for the first time and referred to the
Committee on Education Policy and Reform.
Kohls, Moe and Brod introduced:
H. F. No. 2393, A bill for an act relating to sales and use
tax; allowing exempt occasional sales at flea markets and similar selling
events; amending Minnesota Statutes 2004, section 297A.87, subdivisions 2, 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Emmer introduced:
H. F. No. 2394, A bill for an act relating to health; making
changes in MinnesotaCare eligibility determination procedures and in program
eligibility criteria; establishing a MinnesotaCare premium surcharge and
enrollee accounts; amending Minnesota Statutes 2004, sections 256L.01,
subdivisions 1a, 5; 256L.05, subdivision 2; 256L.06, subdivision 3; 256L.15,
subdivision 2, by adding a subdivision; 256L.17, subdivision 3.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Mullery introduced:
H. F. No. 2395, A bill for an act relating to taxation;
property; reestablishing a low-income apartment property class; amending
Minnesota Statutes 2004, section 273.13, subdivision 25; proposing coding for
new law in Minnesota Statutes, chapter 273.
The bill was read for the first time and referred to the
Committee on Taxes.
Paymar introduced:
H. F. No. 2396, A bill for an act relating to state government;
providing a certain preference in state purchasing; amending Minnesota Statutes
2004, section 16C.16, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
Simon, Hortman, Dittrich, Poppe, Hosch, Scalze and Hansen
introduced:
H. F. No. 2397, A bill for an act relating to education
finance; authorizing full-day kindergarten; providing a new state aid for
certain costs of full-day kindergarten programs; authorizing a sliding scale
fee for full-day kindergarten; appropriating money; amending Minnesota Statutes
2004, sections 123B.35; 123B.36, subdivision 1; 123B.37, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 126C.
The bill was read for the first time and referred to the
Committee on Education Policy and Reform.
Dittrich, Hosch, Westerberg, Abeler, Hortman, Moe and
Tingelstad introduced:
H. F. No. 2398, A bill for an act relating to education
finance; indexing school funding formula equalizing factors to the growth in
tax base; amending Minnesota Statutes 2004, sections 123B.53, subdivision 5;
123B.57, subdivision 4; 126C.01, by adding subdivisions; 126C.10, subdivisions
13a, 29, 32; 126C.17, subdivision 6.
The bill was read for the first time and referred to the
Committee on Education Finance.
Blaine introduced:
H. F. No. 2399, A bill for an act relating to consumer
protection; regulating consumer credit reporting agencies; providing for the
inspection of, and disclosures related to, files and information maintained by
the credit reporting agency; proposing coding for new law in Minnesota
Statutes, chapter 13C.
The bill was read for the first time and referred to the
Committee on Commerce and Financial Institutions.
Blaine introduced:
H. F. No. 2400, A bill for an act relating to consumer
protection; regulating consumer credit reports; providing free credit reports
to victims of identity theft; proposing coding for new law in Minnesota
Statutes, chapter 13C.
The bill was read for the first time and referred to the
Committee on Commerce and Financial Institutions.
Hilstrom introduced:
H. F. No. 2401, A bill for an act relating to public safety;
adopting certain recommendations of the Minnesota Sentencing Guidelines
Commission and rejecting others.
The bill was read for the first time and referred to the
Committee on Public Safety Policy and Finance.
Mahoney, Kohls and Gunther introduced:
H. F. No. 2402, A bill for an act relating to appropriations;
appropriating money for bioscience marketing activities.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Opportunity Policy and Finance.
Abeler and Otremba introduced:
H. F. No. 2403, A bill for an act relating to health;
appropriating money for the dental health program.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Abeler and Otremba introduced:
H. F. No. 2404, A bill for an act relating to health;
appropriating money for the suicide prevention program.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
Nornes introduced:
H. F. No. 2405, A bill for an act relating to human services;
increasing the reimbursement rate for a nursing facility in Otter Tail County;
amending Minnesota Statutes 2004, section 256B.434, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health Policy and Finance.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 3, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; making adjustments to previous
bond authorizations; establishing new programs and modifying existing programs;
authorizing sale of state bonds; appropriating money; amending Minnesota
Statutes 2004, sections 16A.671, subdivision 3; 85.019, subdivision 2; 116.182,
subdivision 2; 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2,
5; 116J.575, subdivision 1; 134.45; 136F.60, by adding a subdivision; 174.52,
by adding a subdivision; Laws 1998, chapter 404, section 23, subdivision 17, as
amended; Laws 2003, First Special Session chapter 20, article 1, section 11;
proposing coding for new law in Minnesota Statutes, chapters 16A; 446A.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrick E. Flahaven, Secretary of the Senate
CONSENT CALENDAR
H. F. No. 2166, A bill for an act relating to human services;
extending the termination date for the Traumatic Brain Injury Advisory
Committee; amending Minnesota Statutes 2004, section 256B.093, 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 128 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
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
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
Opatz
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
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 241, A bill for an act relating to public
employment; providing that a public employer may not forbid a police officer or
firefighter from wearing an American flag patch or pin on a uniform; proposing
coding for new law in Minnesota Statutes, chapter 15.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
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
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
Opatz
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
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 1189 was reported to the House.
Erhardt moved to amend H. F. No. 1189, the first engrossment,
as follows:
Page 2, after line 8, insert:
"Sec. 2.
[EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 1189, A bill for an act relating to traffic
regulations; removing an expiration date on an exception to seasonal weight limits
for certain recycling and garbage trucks; amending Minnesota Statutes 2004,
section 169.87, subdivision 6.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 117 yeas and 12
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lesch
Liebling
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
DeLaForest
Emmer
Hornstein
Jaros
Krinkie
Lenczewski
Olson
Paymar
Ruud
Thissen
Vandeveer
Wagenius
The bill was passed, as amended, and its title agreed to.
CALENDAR FOR THE DAY
Paulsen moved that the Calendar for the Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Bradley moved that the name of Hortman be added as an author on
H. F. No. 619. The
motion prevailed.
Bradley moved that the name of Erickson be added as an author
on H. F. No. 775. The
motion prevailed.
Cox moved that the name of Nelson, P., be added as an
author on H. F. No. 981.
The motion prevailed.
Vandeveer moved that the name of Olson be added as an author on
H. F. No. 992. The
motion prevailed.
Clark moved that the name of Hortman be added as an author on
H. F. No. 1098. The
motion prevailed.
Severson moved that the names of Erickson, Soderstrom, Davids
and Sykora be added as authors on H. F. No. 1240. The motion prevailed.
Slawik moved that the name of Kelliher be added as an author on
H. F. No. 1329. The
motion prevailed.
Holberg moved that the name of Greiling be added as an author
on H. F. No. 1393. The
motion prevailed.
Zellers moved that the name of Moe be added as an author on
H. F. No. 1406. The
motion prevailed.
Dittrich moved that the name of Poppe be added as an author on
H. F. No. 1429. The
motion prevailed.
Dittrich moved that the name of Poppe be added as an author on
H. F. No. 1432. The
motion prevailed.
Scalze moved that the name of Lenczewski be added as an author
on H. F. No. 1588. The
motion prevailed.
Larson moved that the name of Lenczewski be added as an author
on H. F. No. 1591. The
motion prevailed.
Lenczewski moved that her name be stricken as an author on
H. F. No. 1655. The
motion prevailed.
Moe moved that the name of Poppe be added as an author on
H. F. No. 1687. The
motion prevailed.
Tingelstad moved that the names of Kahn and Greiling be added
as authors on H. F. No. 1760.
The motion prevailed.
Powell moved that the name of Sailer be added as an author on
H. F. No. 1847. The
motion prevailed.
Charron moved that the name of Erhardt be added as an author on
H. F. No. 2078. The
motion prevailed.
Beard moved that the name of Lenczewski be added as an author
on H. F. No. 2086. The
motion prevailed.
Johnson, R., moved that the name of Lenczewski be added as an
author on H. F. No. 2158.
The motion prevailed.
Krinkie moved that the name of Loeffler be added as an author
on H. F. No. 2178. The
motion prevailed.
Welti moved that the name of Sailer be added as an author on
H. F. No. 2257. The
motion prevailed.
Wagenius moved that the name of Abeler be added as an author on
H. F. No. 2346. The
motion prevailed.
Sykora moved that the name of Charron be added as an author on
H. F. No. 2366. The
motion prevailed.
Hausman moved that the name of Latz be added as an author on
H. F. No. 2376. The
motion prevailed.
Buesgens moved that his name be stricken as chief author
and the name of Beard be added as chief author on H. F. No. 899. The motion prevailed.
Dittrich moved that H. F. No. 1434 be recalled
from the Committee on Education Policy and Reform and be re‑referred to
the Committee on Education Finance. The
motion prevailed.
Davids moved that H. F. No. 2075 be recalled
from the Committee on Taxes and be re-referred to the Committee on Civil Law
and Elections. The motion prevailed.
Paymar moved that H. F. No. 2396 be recalled
from the Committee on Governmental Operations and Veterans Affairs and be
re-referred to the Committee on State Government Finance. The motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, April 13, 2005.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Wednesday, April 13, 2005.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives