STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2009
_____________________
THIRTEENTH DAY
Saint Paul, Minnesota, Thursday, February 19,
2009
����� The House of Representatives convened at 10:30
a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
����� Prayer was offered
by Dr. David Hoffman, St. Philip the Deacon Lutheran Church, Plymouth,
Minnesota.
����� The members of the
House gave the pledge of allegiance to the flag of the United States of
America.
����� The roll was called
and the following members were present:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� A quorum was
present.
����� Benson, Brod and
Doty were excused.
����� Anderson, B., and Thissen were excused
until 11:00 a.m.� Dittrich was excused
until 11:05 a.m.� Greiling was excused
until 12:05 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� Loon moved
that further reading of the Journal be dispensed with and that the Journal be
approved as corrected by the Chief Clerk.�
The motion prevailed.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Hilstrom from the Committee on Public Safety Policy and
Oversight to which was referred:
H. F. No. 45, A bill for an act relating to crimes; providing
penalty for careless driving resulting in death; providing for revocation of
violator's driver's license; amending Minnesota Statutes 2008, sections 169.13,
by adding a subdivision; 171.17, subdivision 1; 171.30, subdivision 2a.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Finance.
����� The report was
adopted.
Solberg from the Committee on Ways and Means to which
was referred:
H. F. No. 117, A bill for an act relating to state
government finance; providing deficiency funding for certain state agencies;
appropriating money.
Reported the same back with the following amendments:
Page 2, after line 12, insert:
"Sec. 4.� BALANCE CARRIED FORWARD.�
Notwithstanding Minnesota Statutes,
section 16A.152, subdivision 2, any positive unrestricted general fund balance
on June 30, 2009, is carried forward in the general fund to fiscal year 2010."
Page 2, line 14, delete "3" and insert
"4"
Renumber the sections in sequence
With the recommendation that when so amended the bill
pass.
����� The report was
adopted.
Thissen from the Committee on Health Care and Human
Services Policy and Oversight to which was referred:
H. F. No. 161, A bill for an act relating to health;
establishing a medical response unit reimbursement pilot program; funding
emergency medical services programs; appropriating money.
Reported the same back with the following amendments:
Page 1, delete lines 7 to 23 and insert:
"(a) The Department of Public Safety or its
contract designee shall collaborate with the Minnesota Ambulance Association to
create the parameters of the medical response unit reimbursement pilot program,
including determining criteria for baseline data reporting.
(b) In conducting the pilot program,
the Department of Public Safety must consult with the Minnesota Ambulance
Association, Minnesota Fire Chiefs Association, Emergency Services Regulatory
Board, and the Minnesota Council of Health Plans to:
(1) identify no more than five
medical response units registered as medical response units with the Minnesota
Emergency Medical Services Regulatory Board according to Minnesota Statutes,
chapter 144E, to participate in the program;
(2) outline and develop criteria for
reimbursement;
(3) determine the amount of
reimbursement for each unit response; and
(4) collect program data to be
analyzed for a final report.
(c) Further criteria for the medical
response unit reimbursement pilot program shall include:
(1) the pilot program will expire on
December 31, 2010, or when the appropriation is extended, whichever occurs
first;
(2) a report shall be made to the
legislature by March 1, 2011, by the Department of Public Safety or its
contractor as to the effectiveness and value of this reimbursement pilot
program to the emergency medical services delivery system, any actual or
potential savings to the health care system, and impact on patient outcomes;
(3) participating medical response
units must adhere to the requirements of this pilot program outlined in an
agreement between the Department of Public Safety and the medical response
unit, including but not limited to, requirements relating to data collection,
response criteria, and patient outcomes and disposition;
(4) individual entities licensed to
provide ambulance care under Minnesota Statutes, chapter 144E, are not eligible
for participation in this pilot program;
(5) if a participating medical
response unit withdraws from the pilot program, the Department of Public Safety
in consultation with the Minnesota Ambulance Association may choose another
pilot site if funding is available;
(6) medical response units must
coordinate their operations under this pilot project with the ambulance service
or services licensed to provide care in their first response geographic areas;
(7) licensed ambulance services that
participate with the medical response unit in the pilot program assume no
financial or legal liability for the actions of the participating medical
response unit; and
(8) the Department of Public Safety
and its pilot program partners have no ongoing responsibility to reimburse
medical response units beyond the parameters of the pilot program."
Page 2, delete lines 1 to 12
Page 2, line 16, delete "$800,000" and
insert "$400,000"
Page 2, line 21, before "144E.50"
insert "section"
Page 2, line 32, delete "$100,000" and
insert "$25,000"
Page 3, delete subdivision 5 and insert:
"Subd. 5.�
Medical response unit
reimbursement pilot program.� (a)
For fiscal year 2010, $250,000 is appropriated from the Cooper/Sams volunteer
ambulance trust, formerly known as ambulance service personnel longevity award
incentive trust, to the Department of Public Safety for a medical response unit
reimbursement pilot program.� Of this
appropriation, $75,000 is for administrative costs to the Department of Public
Safety, including providing contract staff support and technical assistance to
the pilot program partners if necessary.
(b) Of the appropriation in
paragraph (a), $175,000 is to the Department of Public Safety to be used to
provide a predetermined reimbursement amount to the participating medical
response units.� The Department of Public
Safety or its contract designee will develop an agreement with the medical
response units outlining reimbursement and program requirements to include
HIPPA compliance while participating in the pilot program."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Public Safety Policy and Oversight.
����� The report was
adopted.
Atkins from the Committee on Commerce and Labor to
which was referred:
H. F. No. 166, A bill for an act relating to consumer
protection; prohibiting retail sales of toys that have been recalled for safety
reasons; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Delete everything after the enacting clause and
insert:
"Section 1.�
[325F.135] UNSAFE RECALLED
TOYS; PROHIBITION ON SALE.�
(a) No commercial retailer shall
sell in this state a toy that the commercial retailer knows at the time of the
sale has been recalled for any safety-related reason by an agency of the
federal government or by the toy's manufacturer, wholesaler, distributor, or
importer.
(b) For purposes of this section,
"toy" means an item designed primarily for the purpose of play
activity by children under the age of 12 years and "recalled"
excludes corrective actions that involve safety alerts, parts replacement, or
consumer repairs.
(c) This section shall be enforced
under sections 325F.14 to 325F.16.
EFFECTIVE
DATE.� This section is
effective August 1, 2009."
With the recommendation that when so amended the bill
pass.
����� The report was
adopted.
Atkins from the Committee on Commerce and Labor to
which was referred:
H. F. No. 208, A bill for an act relating to
creditors' remedies; changing the type of mailed notification to secured
creditors required in connection with foreclosure of a mechanics lien on a
motor vehicle; amending Minnesota Statutes 2008, section 514.20.
Reported the same back with the recommendation that
the bill pass and be re-referred to the Committee on Civil Justice.
����� The report was
adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 217, A bill for an act relating to the
taxation of agricultural property; modifying the Minnesota agricultural property
tax law; amending Minnesota Statutes 2008, section 273.111, subdivisions 3, 3a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.�
Minnesota Statutes 2008, section 273.111, subdivision 3, is amended to
read:
Subd. 3. �Requirements.� (a) Real estate consisting of ten acres or
more or a nursery or greenhouse, and qualifying for classification as class
2a an agricultural homestead under section 273.13, or a nursery
or greenhouse, shall be entitled to valuation and tax deferment under this
section if it is primarily devoted to agricultural use and produced, or
normally would have produced, $1,000 of agricultural products in the previous
year, as defined in section 273.13, subdivision 23, and either:
(1) is the homestead of the owner, or of a surviving
spouse, child, or sibling of the owner or is real estate which is farmed with
the real estate which contains the homestead property; or
(2) has been in possession of the applicant, the
applicant's spouse, parent, or sibling, or any combination thereof, for a
period of at least seven years prior to application for benefits under the
provisions of this section, or is real estate which is farmed with the real
estate which qualifies under this clause and is within four townships or cities
or combination thereof from the qualifying real estate; or
(3) is the
homestead of an individual who is part of an entity described in paragraph (b)
(c), clause (1), (2), or (3); or
(4) (3) is in the
possession of a nursery or greenhouse or an entity owned by a proprietor,
partnership, or corporation which also owns the nursery or greenhouse
operations on the parcel or parcels, provided that only the acres used to
produce nursery stock qualify for treatment under this section.
(b) If an agricultural homestead
includes property classified as 2b under section 273.13, subdivision 23, the
class 2b acreage under enrollment must be less than one-half of the total
acreage under enrollment.
(b) (c) Valuation
of real estate under this section is limited to parcels owned by individuals
except for:
(1) a family farm entity or authorized farm entity
regulated under section 500.24;
(2) a poultry entity other than a limited liability
entity in which the majority of the members, partners, or shareholders are
related and at least one of the members, partners, or shareholders either
resides on the land or actively operates the land; and
(3) corporations that derive 80 percent or more of
their gross receipts from the wholesale or retail sale of horticultural or
nursery stock.
The terms in this paragraph have the meanings given in
section 500.24, where applicable.
(c) (d) Land that
previously qualified for tax deferment under this section and no longer qualifies
because it is not primarily used for agricultural purposes but would otherwise
qualify under Minnesota Statutes 2006, section 273.111, subdivision 3, for a
period of at least three years will not be required to make payment of the
previously deferred taxes, notwithstanding the provisions of subdivision
9.� Sale of the land prior to the
expiration of the three-year period requires payment of deferred taxes as
follows: �sale in the year the land no
longer qualifies requires
payment of the current year's deferred taxes plus
payment of deferred taxes for the two prior years; sale during the second year
the land no longer qualifies requires payment of the current year's deferred
taxes plus payment of the deferred taxes for the prior year; and sale during the
third year the land no longer qualifies requires payment of the current year's
deferred taxes.� Deferred taxes shall be
paid even if the land qualifies pursuant to subdivision 11a.� When such property is sold or no longer
qualifies under this paragraph, or at the end of the three-year period,
whichever comes first, all deferred special assessments plus interest are
payable in equal installments spread over the time remaining until the last
maturity date of the bonds issued to finance the improvement for which the
assessments were levied.� If the bonds
have matured, the deferred special assessments plus interest are payable within
90 days.� The provisions of section
429.061, subdivision 2, apply to the collection of these installments.� Penalties are not imposed on any such special
assessments if timely paid.
(d) (e) Land that
is enrolled in the reinvest in Minnesota program under sections 103F.501 to
103F.535, the federal Conservation Reserve Program as contained in Public Law
99-198, or a similar state or federal conservation program does not
qualify for valuation and assessment deferral under this section.� This paragraph applies to land that has
not qualified under this section for taxes payable in 2009 or previous years.
EFFECTIVE
DATE.� This section is
effective for enrollment applications filed after May 1, 2009, and for taxes
payable in 2011 and thereafter.
Sec. 2.�
Minnesota Statutes 2008, section 273.111, subdivision 3a, is amended to
read:
Subd. 3a.� Property no longer eligible for deferment
under 2008 and 2009 law changes.�
(a) Real estate receiving the tax deferment under this section for
assessment year 2008, but that does not qualify for the 2009 assessment year
due to changes in qualification requirements under Laws 2008, chapter 366,
is not classified as class 2a in a subsequent assessment year, shall
continue to qualify until any part of the land is sold, transferred, or
subdivided, provided that the property continues to meet the requirements
of Minnesota Statutes 2006, section 273.111, subdivision 3.
(b) When property assessed under
this subdivision is withdrawn from the program or becomes ineligible, the
property shall be subject to additional taxes, in the amount equal to the
average difference between the taxes determined in accordance with subdivision
4, and the amount determined under subdivision 5, for the current year and the
two preceding years, multiplied by (1) three, in the case of class 2a property
under section 273.13, subdivision 23, or any property withdrawn before January
2, 2009, or (2) seven, in the case of property withdrawn after January 2, 2009,
that is not class 2a property.� The
number of years used as the multiplier must not exceed the number of years
during which the property was subject to this section.� The amount determined under subdivision 5
shall not be greater than it would have been had the actual bona fide sale
price of the real property at an arm's-length transaction been used in lieu of
the market value determined under subdivision 5.� The additional taxes shall be extended
against the property on the tax list for the current year, provided that no
interest or penalties shall be levied on the additional taxes if timely paid.
(b) Real estate receiving the tax
deferment under this section for assessment year 2009, but that would not
qualify in a future year due to changes in qualification requirements under
section 1, shall continue to qualify provided that the property continues to
meet the requirements of Minnesota Statutes 2008, section 273.111, subdivision
3.
EFFECTIVE
DATE.� This section is
effective for taxes payable in 2010 and thereafter.
Sec. 3.�
Minnesota Statutes 2008, section 273.13, subdivision 23, is amended to
read:
Subd. 23. �Class 2.� (a) An agricultural homestead consists of
class 2a agricultural land that is homesteaded, along with any class 2b rural
vacant land that is contiguous to the class 2a land under the same
ownership.� The market value of the house
and garage and immediately surrounding one acre of land has the same class
rates as class 1a or 1b property under subdivision 22.� The value of the remaining land including
improvements up to the first tier
valuation limit of agricultural homestead property has
a net class rate of 0.5 percent of market value.� The remaining property over the first tier
has a class rate of one percent of market value.� For purposes of this subdivision, the
"first tier valuation limit of agricultural homestead property" and
"first tier" means the limit certified under section 273.11,
subdivision 23.
(b) Class 2a agricultural land consists of parcels of
property, or portions thereof, that are agricultural land and buildings.� Class 2a property has a net class rate of one
percent of market value, unless it is part of an agricultural homestead under
paragraph (a).� Class 2a property
may contain include property that would otherwise be
classified as 2b is not directly involved in agricultural production,
including but not limited to sloughs, wooded wind shelters, acreage abutting
ditches, and other similar land that is interspersed with productive
agricultural land such that it would be impractical for the property to be sold
separately, and therefore impractical for the assessor to value separately
from the rest of the property.
An assessor may classify the part of a parcel
described in this subdivision that is used for agricultural purposes as class
2a and the remainder in the class appropriate to its use.
(c) Class 2b rural vacant land consists of parcels of
property, or portions thereof, that are unplatted real estate, rural in
character and not used for agricultural purposes, including land used for
growing trees for timber, lumber, and wood and wood products, that is not
improved with a structure.� The presence
of a minor, ancillary nonresidential structure as defined by the commissioner
of revenue does not disqualify the property from classification under this
paragraph.� Any parcel of 20 acres or
more improved with a structure that is not a minor, ancillary nonresidential
structure must be split-classified, and ten acres must be assigned to the split
parcel containing the structure.� Class
2b property has a net class rate of one percent of market value unless it is
part of an agricultural homestead under paragraph (a), or qualifies as class 2c
under paragraph (d).
(d) Class 2c managed forest land consists of no less
than 20 and no more than 1,920 acres statewide per taxpayer that is being
managed under a forest management plan that meets the requirements of chapter
290C, but is not enrolled in the sustainable forest resource management
incentive program.� It has a class rate
of .65 percent, provided that the owner of the property must apply to the
assessor to receive the reduced class rate and provide the information required
by the assessor to verify that the property qualifies for the reduced
rate.� The commissioner of natural
resources must concur that the land is qualified.� The commissioner of natural resources shall
annually provide county assessors verification information on a timely basis.
(e) Agricultural land as used in this section means
contiguous acreage of ten acres or more, used during the preceding year for
agricultural purposes. "Agricultural purposes" as used in this
section means the raising, cultivation, drying, or storage of agricultural products
for sale, or the storage of machinery or equipment used in support of
agricultural production by the same farm entity.� For a property to be classified as
agricultural based only on the drying or storage of agricultural products, the
products being dried or stored must have been produced by the same farm entity
as the entity operating the drying or storage facility. "Agricultural
purposes" also includes enrollment in the Reinvest in Minnesota program
under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program
as contained in Public Law 99-198 or a similar state or federal conservation
program if the property was classified as agricultural (i) under this
subdivision for the assessment year 2002 or (ii) in the year prior to its
enrollment.� Agricultural classification
shall not be based upon the market value of any residential structures on the
parcel or contiguous parcels under the same ownership.
(f) Real estate of less than ten acres, which is
exclusively or intensively used for raising or cultivating agricultural
products, shall be considered as agricultural land.� To qualify under this paragraph, property
that includes a residential structure must be used intensively for one of the
following purposes:
(i) for drying or storage of grain or storage of
machinery or equipment used to support agricultural activities on other parcels
of property operated by the same farming entity;
(ii) as a nursery, provided that only those acres used
to produce nursery stock are considered agricultural land;
(iii) for livestock or poultry confinement, provided
that land that is used only for pasturing and grazing does not qualify; or
(iv) for market farming; for purposes of this
paragraph, "market farming" means the cultivation of one or more
fruits or vegetables or production of animal or other agricultural products for
sale to local markets by the farmer or an organization with which the farmer is
affiliated.
(g) Land shall be classified as agricultural even if
all or a portion of the agricultural use of that property is the leasing to, or
use by another person for agricultural purposes.
Classification under this subdivision is not
determinative for qualifying under section 273.111.
(h) The property classification under this section
supersedes, for property tax purposes only, any locally administered
agricultural policies or land use restrictions that define minimum or maximum
farm acreage.
(i) The term "agricultural products" as used
in this subdivision includes production for sale of:
(1) livestock, dairy animals, dairy products, poultry
and poultry products, fur-bearing animals, horticultural and nursery stock,
fruit of all kinds, vegetables, forage, grains, bees, and apiary products by
the owner;
(2) fish bred for sale and consumption if the fish
breeding occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the
boarding is done in conjunction with raising or cultivating agricultural
products as defined in clause (1);
(4) property which is owned and operated by nonprofit
organizations used for equestrian activities, excluding racing;
(5) game birds and waterfowl bred and raised for use
on a shooting preserve licensed under section 97A.115;
(6) insects primarily bred to be used as food for
animals;
(7) trees, grown for sale as a crop, including short
rotation woody crops, and not sold for timber, lumber, wood, or wood
products; and
(8) maple syrup taken from trees grown by a person
licensed by the Minnesota Department of Agriculture under chapter 28A as a food
processor.
(j) If a parcel used for agricultural purposes is also
used for commercial or industrial purposes, including but not limited to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other
goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the
activities enumerated in clauses (1), (2), and (3),
the assessor shall classify the part of the parcel used for
agricultural purposes as class 1b, 2a, or 2b, whichever is appropriate, and the
remainder in the class appropriate to its use.�
The grading, sorting, and packaging of raw agricultural products for
first sale is considered an agricultural purpose.� A greenhouse or other building where
horticultural or nursery products are grown that is also used for the conduct
of retail sales must be classified as agricultural if it is primarily used for
the growing of horticultural or nursery products from seed, cuttings, or roots
and occasionally as a showroom for the retail sale of those products.� Use of a greenhouse or building only for the
display of already grown horticultural or nursery products does not qualify as
an agricultural purpose.
The assessor shall determine and list separately on the
records the market value of the homestead dwelling and the one acre of land on
which that dwelling is located.� If any
farm buildings or structures are located on this homesteaded acre of land,
their market value shall not be included in this separate determination.
(k) Class 2d airport landing area consists of a landing
area or public access area of a privately owned public use airport.� It has a class rate of one percent of market
value.� To qualify for classification
under this paragraph, a privately owned public use airport must be licensed as
a public airport under section 360.018.�
For purposes of this paragraph, "landing area" means that part
of a privately owned public use airport properly cleared, regularly maintained,
and made available to the public for use by aircraft and includes runways,
taxiways, aprons, and sites upon which are situated landing or navigational
aids.� A landing area also includes land
underlying both the primary surface and the approach surfaces that comply with
all of the following:
(i) the land is properly cleared and regularly
maintained for the primary purposes of the landing, taking off, and taxiing of
aircraft; but that portion of the land that contains facilities for servicing,
repair, or maintenance of aircraft is not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or
residential purposes.
The land contained in a landing area under this paragraph must
be described and certified by the commissioner of transportation.� The certification is effective until it is
modified, or until the airport or landing area no longer meets the requirements
of this paragraph.� For purposes of this
paragraph, "public access area" means property used as an aircraft
parking ramp, apron, or storage hangar, or an arrival and departure building in
connection with the airport.
(l) Class 2e consists of land with a commercial
aggregate deposit that is not actively being mined and is not otherwise
classified as class 2a or 2b.� It has a
class rate of one percent of market value.�
To qualify for classification under this paragraph, the property must be
at least ten contiguous acres in size and the owner of the property must record
with the county recorder of the county in which the property is located an
affidavit containing:
(1) a legal description of the property;
(2) a disclosure that the property contains a
commercial aggregate deposit that is not actively being mined but is present on
the entire parcel enrolled;
(3) documentation that the conditional use under the
county or local zoning ordinance of this property is for mining; and
(4) documentation that a permit has been issued by the
local unit of government or the mining activity is allowed under local
ordinance.� The disclosure must include a
statement from a registered professional geologist, engineer, or soil scientist
delineating the deposit and certifying that it is a commercial aggregate
deposit.
For purposes of this section and section 273.1115,
"commercial aggregate deposit" means a deposit that will yield
crushed stone or sand and gravel that is suitable for use as a construction
aggregate; and "actively mined" means the removal of top soil and
overburden in preparation for excavation or excavation of a commercial deposit.
(m) When any portion of the property under this
subdivision or subdivision 22 begins to be actively mined, the owner must file
a supplemental affidavit within 60 days from the day any aggregate is removed
stating the number of acres of the property that is actively being mined.� The acres actively being mined must be (1)
valued and classified under subdivision 24 in the next subsequent assessment
year, and (2) removed from the aggregate resource preservation property tax
program under section 273.1115, if the land was enrolled in that program.� Copies of the original affidavit and all
supplemental affidavits must be filed with the county assessor, the local zoning
administrator, and the Department of Natural Resources, Division of Land and
Minerals.� A supplemental affidavit must
be filed each time a subsequent portion of the property is actively mined,
provided that the minimum acreage change is five acres, even if the actual
mining activity constitutes less than five acres.
EFFECTIVE
DATE.� This section is
effective for taxes payable in 2010 and thereafter."
Delete the title and insert:
"A bill for an act relating to taxation; property;
modifying agricultural property tax law; making changes to certain property
classification requirements; amending Minnesota Statutes 2008, sections
273.111, subdivisions 3, 3a; 273.13, subdivision 23."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Environment Policy and Oversight.
����� The report was
adopted.
Pelowski from the Committee on State and Local
Government Operations Reform, Technology and Elections to which was referred:
H. F. No. 305, A bill for an act relating to local
government; authorizing transfer of development credits banks for local
governments; amending Minnesota Statutes 2008, sections 394.25, subdivision 2;
462.357, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 8, after the period, insert "In
authorizing a nongovernmental entity to serve as the transfer of development
credits bank, the county ordinance may not preclude private contracts between
individuals or private business entities for the purchase, holding, and sale of
development credits."
Page 2, line 31, after the period, insert "In
authorizing a nongovernmental entity to serve as the transfer of development
credits bank, the municipal ordinance may not preclude private contracts
between individuals or private business entities for the purchase, holding, and
sale of development credits."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Commerce and Labor.
����� The report was
adopted.
Mariani from the Committee on K-12 Education Policy and
Oversight to which was referred:
H. F. No. 314, A bill for an act relating to education;
increasing the compulsory attendance age; amending Minnesota Statutes 2008,
sections 120A.22, subdivisions 5, 6; 120A.24, subdivision 1; 260C.007,
subdivision 19; repealing Minnesota Statutes 2008, section 120A.22, subdivision
8.
Reported the same back with the following amendments:
Delete everything after the enacting clause and
insert:
"Section 1.�
Minnesota Statutes 2008, section 120A.22, subdivision 5, is amended to
read:
Subd. 5.� Ages and terms.� (a) Every child between seven and 16
18 years of age or until the child successfully completes the
requirements for high school graduation, whichever comes first, must receive
instruction.� Every child under the age
of seven who is enrolled in a half-day kindergarten, or a full-day kindergarten
program on alternate days, or other kindergarten programs shall receive
instruction.� Except as provided in
subdivision 6, a parent may withdraw a child under the age of seven from
enrollment at any time.
(b) A school district by annual board action may
require children subject to this subdivision to receive instruction in summer
school.� A district that acts to require
children to receive instruction in summer school shall establish at the time of
its action the criteria for determining which children must receive
instruction.
EFFECTIVE
DATE.� This section is
effective for the 2012-2013 school year and later.
Sec. 2.�
Minnesota Statutes 2008, section 120A.24, subdivision 1, is amended to
read:
Subdivision 1.� Reports to superintendent.� The person in charge of providing instruction
to a child between the ages of seven and 16 must submit the following
information to the superintendent of the district in which the child resides:
(1) by October 1 of each school year, the name, birth
date, and address of each child receiving instruction;
(2) the name of each instructor and evidence of
compliance with one of the requirements specified in section 120A.22,
subdivision 10;
(3) an annual instructional calendar; and
(4) for each child instructed by a parent who meets
only the requirement of section 120A.22, subdivision 10, clause (6), a
quarterly report card on the achievement of the child in each subject area
required in section 120A.22, subdivision 9.�
EFFECTIVE
DATE.� This section is
effective for the 2012-2013 school year and later.
Sec. 3.�
Minnesota Statutes 2008, section 260C.007, subdivision 19, is amended to
read:
Subd. 19.� Habitual truant.� "Habitual truant" means a child
under the age of 16 18 years who is absent from attendance at
school without lawful excuse for seven school days per school year if
the child is in elementary school or for one or more class periods on seven
school days per school year if the child is in middle school, junior
high school, or high school, or a child who is 16 or 17 years of age who is
absent from attendance at school without lawful excuse for one or more class
periods on seven school days and who has not lawfully withdrawn from school
under section 120A.22, subdivision 8.
EFFECTIVE
DATE.� This section is
effective for the 2012-2013 school year and later.
Sec. 4.� REPEALER.�
Minnesota Statutes 2008, section
120A.22, subdivision 8, is repealed effective for the 2012-2013 school year and
later."
Delete the title and insert:
"A bill for an act relating to education;
increasing the compulsory attendance age; amending Minnesota Statutes 2008,
sections 120A.22, subdivision 5; 120A.24, subdivision 1; 260C.007, subdivision
19; repealing Minnesota Statutes 2008, section 120A.22, subdivision 8."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Finance.
����� The report was
adopted.
Mullery from the Committee on Civil Justice to which
was referred:
H. F. No. 332, A bill for an act relating to real
property; making clarifying, technical, and conforming changes to transfer on
death deeds; expanding common element certificates of title to include planned
communities; exempting designated transfers from certain requirements;
establishing procedures for cartways in cities; modifying power of attorney
provision relating to real property transactions; amending Minnesota Statutes
2008, sections 272.115, subdivision 1, by adding a subdivision; 435.37, by adding
a subdivision; 507.071, subdivision 20, by adding a subdivision; 507.092,
subdivisions 1, 2; 508.351; 508.50; 508A.351; 508A.50; 523.17, by adding a
subdivision.
Reported the same back with the recommendation that
the bill pass.
����� The report was
adopted.
Atkins from the Committee on Commerce and Labor to
which was referred:
H. F. No. 417, A bill for an act relating to
insurance; providing recovery of damages and attorney fees for breach of an
insurance policy; amending Minnesota Statutes 2008, section 471.982,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 60A.
Reported the same back with the following amendments:
Page 1, line 21, after "admitted"
insert ", authorized, or licensed"
Page 2, line 1, delete "other damages"
and insert "breach of insurance contract damages" and delete
"oder" and after "costs" insert ", or
other remedies"
Page 2, delete lines 5 and 6
Page 2, line 7, delete "(2)" and
insert "(1)"
Page 2, line 10, delete "(3)" and
insert "(2) costs and disbursements plus" and delete "and
costs"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Civil Justice.
����� The report was
adopted.
Otremba from the Committee on Agriculture, Rural
Economies and Veterans Affairs to which was referred:
H. F. No. 418, A bill for an act relating to noxious
weeds; allowing municipalities to adopt ordinances for the eradication of
buckthorn; amending Minnesota Statutes 2008, section 18.78, by adding a
subdivision.
Reported the same back with the following amendments:
Page 1, line 10, delete "eradicate"
and insert "control"
Amend the title as follows:
Page 1, line 3, delete "eradication" and
insert "control"
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� The report was
adopted.
Mullery from the Committee on Civil Justice to which
was referred:
H. F. No. 497, A bill for an act relating to government
data practices; authorizing access to certain firearm data by parole and
probation authorities; amending Minnesota Statutes 2008, section 13.87, by
adding a subdivision.
Reported the same back with the recommendation that the
bill pass and be re-referred to the Committee on Public Safety Policy and
Oversight.
����� The report was
adopted.
Atkins from the Committee on Commerce and Labor to
which was referred:
H. F. No. 534, A bill for an act relating to insurance;
authorizing and regulating the issuance of certificates of insurance; amending
Minnesota Statutes 2008, section 60K.46, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 60A.
Reported the same back with the following amendments:
Page 1, line 11, delete "Approval."
and insert "Prohibition."
Page 1, line 14, delete everything before the period
Page 2, line 5, after "purporting"
insert "that"
Page 2, delete lines 6 to 8
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Civil Justice.
����� The report was
adopted.
Eken from the Committee on Environment Policy and
Oversight to which was referred:
H. F. No. 536, A bill for an act relating to waters;
modifying local match requirements for certain grants; amending Minnesota
Statutes 2008, section 103B.3369, subdivision 5.
Reported the same back with the recommendation that the
bill pass.
����� The report was
adopted.
Eken from the Committee on Environment Policy and
Oversight to which was referred:
H. F. No. 591, A bill for an act relating to natural
resources; modifying Reinvest in Minnesota Resources Law; amending Minnesota
Statutes 2008, sections 84.66, subdivision 2; 103F.505; 103F.511, subdivisions
5, 8a, by adding a subdivision; 103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521,
subdivision 1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; repealing
Minnesota Statutes 2008, sections 103F.511, subdivision 4; 103F.521,
subdivision 2; 103F.535, subdivision 1; Minnesota Rules, parts 8400.3000;
8400.3030; 8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200; 8400.3210;
8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390; 8400.3400;
8400.3460; 8400.3500; 8400.3530; 8400.3560; 8400.3600; 8400.3610; 8400.3630;
8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; 8400.3930.
Reported the same back with the following amendments:
Page 3, line 17, before the period, insert "that
is marginal in nature"
Page 4, line 12, after "except" insert a
colon
Page 4, lines 13 and 14, delete the comma and insert a
semicolon
Page 6, delete lines 1 to 3
Page 6, line 4, strike "(c)" and insert
"(b)"
Page 6, line 6, strike "(d)" and insert
"(c)"
Page 6, line 10, strike "(e)" and insert
"(d)"
Page 7, delete section 17 and insert:
"Sec. 17.� REPEALER.�
(a) Minnesota Statutes 2008,
sections 103F.511, subdivision 4; and 103F.521, subdivision 2, are repealed.
(b) Minnesota Rules, parts
8400.3000; 8400.3030; 8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200;
8400.3210; 8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390;
8400.3400; 8400.3460; 8400.3500; 8400.3530; 8400.3560; 8400.3600; 8400.3610;
8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; and
8400.3930, are repealed."
Correct the title numbers accordingly
With the recommendation that when so amended the bill
pass.
����� The report was
adopted.
Pelowski from the Committee on State and Local
Government Operations Reform, Technology and Elections to which was referred:
H. F. No. 644, A bill for an act relating to cities;
authorizing a home rule charter or statutory city to adopt a program requiring
certain hiring practices in city contracts; proposing coding for new law in Minnesota
Statutes, chapter 471.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:
"Section 1.�
[471.347] HIRING REQUIREMENTS
AUTHORIZED IN CITY CONTRACTS.�
A statutory or home rule charter
city may adopt an ordinance that requires city contracts for construction or
services to require that city residents or low-income city residents make up a
minimum number or percentage of the persons employed by the contractor in the
performance of the contract.� At a
minimum, the ordinance must state the type of contracts covered, the minimum
dollar amount of the contract to which the hiring requirement applies, a
definition of low-income if the ordinance applies to hiring of low-income city
residents, how the required number or percentage of persons employed may be
calculated, and the extent to which the requirements may be met by existing
employees of the contractor or new hires by the contractor.� This section does not apply to contracts
between the city and an exclusive representative of city employees."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Finance.
����� The report was
adopted.
Solberg from the Committee on Ways and Means to which
was referred:
H. F. No. 886, A bill for an act relating to the state
budget; exempting allocation of general fund balance at end of fiscal year
2009.
Reported the same back with the recommendation that
the bill pass.
����� The report was
adopted.
SECOND
READING OF HOUSE BILLS
����� H. F. Nos. 117,
166, 332, 536, 591 and 886 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
����� The following
House Files were introduced:
����� Eken and Beard
introduced:
����� H. F. No. 912, A
bill for an act relating to transportation; exempting certain cargo tank
vehicles from weight restrictions on seasonally weight-restricted roads;
amending Minnesota Statutes 2008, section 169.87, by adding a subdivision.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Pelowski
introduced:
����� H. F. No. 913, A
bill for an act relating to elections; removing certain unconstitutional
provisions governing independent expenditures in political campaigns; changing
timing and method of filing certain items with the Campaign Finance and Public
Disclosure Board; amending Minnesota Statutes 2008, sections 10A.01,
subdivision 18; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09,
subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20,
subdivisions 1, 12; 10A.31, subdivision 6, by adding a subdivision; 10A.322,
subdivision 1; 10A.323; 10A.35; repealing Minnesota Statutes 2008, section
10A.20, subdivision 6b.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Davnie, Paymar,
Ward, Holberg, Thissen, Hoppe, Hansen, Hayden, Hilty, Mariani, Anzelc, Lanning,
Johnson, Falk, Newton, Hornstein, Carlson, Sailer, Slocum, Wagenius, Fritz,
Abeler, Simon, Hilstrom, Masin, Dittrich, Clark, Rosenthal, Hausman, Jackson,
Sertich, Thao, Obermueller, Persell and Lesch introduced:
����� H. F. No. 914, A
bill for an act relating to financial institutions; regulating payday lending;
providing penalties and remedies; amending Minnesota Statutes 2008, section
47.60, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapter 47.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Thao, Norton,
Mahoney and Rukavina introduced:
����� H. F. No. 915, A
bill for an act relating to economic development; appropriating money from the
workforce development fund for a grant to Lifetrack Resources.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Hausman, McNamara,
Swails, Scalze and Wagenius introduced:
����� H. F. No. 916, A
bill for an act relating to natural resources; prohibiting issuance of
nonferrous metallic mineral mining permits under certain circumstances;
defining financial assurance required for nonferrous metallic mineral mining;
increasing civil penalty for nonferrous metallic mineral mining law violations;
requiring rulemaking; amending Minnesota Statutes 2008, sections 93.481,
subdivisions 1, 7, by adding subdivisions; 93.49; 93.51, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 93.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Jackson, Hilstrom,
Laine, Abeler and Huntley introduced:
����� H. F. No. 917, A
bill for an act relating to human services; allowing the Department of Human
Services and a county agency direct access to Department of Corrections data
for certain background studies conducted by a county agency; amending Minnesota
Statutes 2008, sections 241.065, subdivision 2; 245C.08, subdivision 2.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Hausman and Howes
introduced:
����� H. F. No. 918, A
bill for an act relating to capital investment; amending certain general
obligation bond sale provisions; amending Minnesota Statutes 2008, sections
16A.641, subdivisions 4, 7; 16A.66, subdivision 2.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Scalze, Hausman and
Howes introduced:
����� H. F. No. 919, A
bill for an act relating to capital investment; specifying information to be
reported for local capital improvement requests; amending Minnesota Statutes
2008, section 16A.86, subdivision 2, by adding a subdivision; repealing
Minnesota Statutes 2008, section 16A.86, subdivision 3.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Tillberry, Ward,
Dettmer, Doepke, Brown, Morgan, Newton and Greiling introduced:
����� H. F. No. 920, A
bill for an act relating to education; removing obsolete and unneeded mandates;
amending Minnesota Statutes 2008, section 123B.143, subdivision 1; repealing
Minnesota Statutes 2008, sections 120B.39; 122A.628; 122A.75.
����� The bill was read
for the first time and referred to the Committee on K-12 Education Policy and
Oversight.
����� Fritz, Ruud, Haws,
Clark and Thissen introduced:
����� H. F. No. 921, A
bill for an act relating to occupational safety and health; requiring safe
patient handling plans in clinical settings; amending Minnesota Statutes 2008,
sections 182.6551; 182.6552, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 182.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Nelson, Lanning,
Hausman, Urdahl and Murphy, M., introduced:
����� H. F. No. 922, A
bill for an act relating to capital improvements; appropriating money for
rehabilitation of public housing; authorizing the sale and issuance of state
bonds.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Carlson introduced:
����� H. F. No. 923, A
bill for an act relating to property taxes; eliminating the one-year lag in
determining fiscal disparities contribution net tax capacities and distribution
levies; amending Minnesota Statutes 2008, sections 276A.04; 276A.05, subdivisions
1, 5; 276A.06, subdivisions 2, 3, 5; 473F.06; 473F.07, subdivisions 1, 5;
473F.08, subdivisions 2, 3, 5; repealing Minnesota Statutes 2008, sections
276A.06, subdivision 9; 473F.08, subdivision 8a.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Hackbarth, Dill,
Anzelc and Doty introduced:
����� H. F. No. 924, A
bill for an act relating to natural resources; renaming the Northshore Trail;
amending Minnesota Statutes 2008, section 85.015, subdivision 13.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Sertich, Rukavina,
Gunther and Mahoney introduced:
����� H. F. No. 925, A
bill for an act relating to employment; expanding the official measure of
unemployment.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Dill introduced:
����� H. F. No. 926, A
bill for an act relating to state lands; authorizing public and private sales
of certain tax-forfeited land that borders public waters in St. Louis County.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and Oversight.
����� Mahoney,
Obermueller, Nelson and Gottwalt introduced:
����� H. F. No. 927, A
bill for an act relating to labor and industry; modifying construction codes
and licensing; adding provisions relating to high pressure piping profession;
modifying previous appropriations restrictions; extending authority to adopt
rules for obtaining boiler licenses; requiring rulemaking; amending Minnesota
Statutes 2008, sections 326B.082, subdivision 12; 326B.084; 326B.43,
subdivision 1; 326B.435, subdivision 2; 326B.475, subdivision 6; 326B.52,
subdivision 1; 326B.53; 326B.55, subdivision 1; 326B.59; 326B.801; 326B.921,
subdivision 1, by adding a subdivision; Laws 2008, chapter 363, article 10,
section 4, subdivision 1; repealing Minnesota Statutes 2008, section 326B.43, subdivision
5.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Hornstein
introduced:
����� H. F. No. 928, A
bill for an act relating to traffic regulation; prohibiting the use of wireless
communications devices in Metropolitan Council public transit vehicles;
proposing coding for new law in Minnesota Statutes, chapter 169.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Ruud introduced:
����� H. F. No. 929, A
bill for an act relating to municipalities; authorizing the city of Minnetonka
to establish street improvement districts and apportion street improvement fees
within districts; requiring adoption of street improvement plan; authorizing
collection of fees; proposing coding for new law in Minnesota Statutes, chapter
435.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Wagenius
introduced:
����� H. F. No. 930, A
bill for an act relating to data practices; proposing classification of grants
data created or maintained by government entities; proposing classification of
regional parks foundation private donor gift data as private or nonpublic;
amending Minnesota Statutes 2008, sections 13.599, subdivision 1; 13.792.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Hamilton
introduced:
����� H. F. No. 931, A
bill for an act relating to capital improvements; modifying an appropriation
for the city of Worthington; amending Laws 2006, chapter 258, section 21,
subdivision 6, as amended.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Bly, Hilty, Falk,
Hornstein and Anzelc introduced:
����� H. F. No. 932, A
bill for an act relating to energy; establishing rate schedule for certain
renewable energy projects; requiring reports; proposing coding for new law in
Minnesota Statutes, chapter 216B.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Olin introduced:
����� H. F. No. 933, A
bill for an act relating to state lands; authorizing public sale of certain
tax-forfeited land.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Loeffler, Thissen,
Abeler, Hosch, Clark and Greiling introduced:
����� H. F. No. 934, A
bill for an act relating to human services; modifying provisions related to
children aging out of foster care; amending Minnesota Statutes 2008, section
256B.055, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Slocum and Mariani
introduced:
����� H. F. No. 935, A
bill for an act relating to education; modifying charter school provisions;
amending Minnesota Statutes 2008, sections 124D.10; 124D.11, subdivision 9.
����� The bill was read
for the first time and referred to the Committee on K-12 Education Policy and
Oversight.
����� Thissen, Hosch,
Otremba, Abeler and Gottwalt introduced:
����� H. F. No. 936, A
bill for an act relating to human services; specifying criteria for communities
for a lifetime; requiring the Minnesota Board on Aging and the commissioner of
employment and economic development to develop recommendations on the
designation of communities for a lifetime; requiring a report; amending
Minnesota Statutes 2008, section 256.975, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Demmer, Smith and
Drazkowski introduced:
����� H. F. No. 937, A
bill for an act relating to taxation; job opportunity building zones; allowing
amendments to agreements under certain circumstances; amending Minnesota
Statutes 2008, section 469.3192.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Reinert and
Tillberry introduced:
����� H. F. No. 938, A
bill for an act relating to state employees; providing additional sick leave
for state employees who are veterans with service-related disabilities;
proposing coding for new law in Minnesota Statutes, chapter 43A.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Mahoney, Gunther,
Kelliher, Downey, Rukavina, Sertich and Anderson, S., introduced:
����� H. F. No. 939, A
bill for an act relating to employment; appropriating money to job training
programs.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Zellers,
Hornstein, Smith, Nelson and Davnie introduced:
����� H. F. No. 940, A
bill for an act relating to Hennepin County; modifying personnel rules and
procedures; amending Minnesota Statutes 2008, sections 383B.27, subdivision 16;
383B.29, subdivision 2; 383B.31.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Thissen and Kohls
introduced:
����� H. F. No. 941, A
bill for an act relating to civil actions; providing for interlocutory appeal
on the question of class certification; proposing coding for new law in
Minnesota Statutes, chapter 540.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Davids introduced:
����� H. F. No. 942, A
bill for an act relating to capital investment; authorizing the sale and
issuance of state bonds; appropriating money for a grant to the city of
Fountain.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Davids introduced:
����� H. F. No. 943, A
bill for an act relating to capital investment; authorizing the sale and
issuance of state bonds; appropriating money for a grant to Brownsville.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Davids introduced:
����� H. F. No. 944, A
bill for an act relating to capital investment; authorizing the sale and
issuance of state bonds; appropriating money for a grant to the city of La
Crescent.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Davids introduced:
����� H. F. No. 945, A
bill for an act relating to capital investment; authorizing the sale and
issuance of state bonds; appropriating money for a grant to the city of
Peterson.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Davids introduced:
����� H. F. No. 946, A
bill for an act relating to capital investment; authorizing the sale and
issuance of state bonds; appropriating money for the Minnesota Historical
Society grants for local historic preservation projects.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Thao and Abeler
introduced:
����� H. F. No. 947, A
bill for an act relating to human services; appropriating money for the
parents' fair share program.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Peterson, Carlson,
Lillie, Hortman and Atkins introduced:
����� H. F. No. 948, A
bill for an act relating to capital improvements; Mighty Ducks ice facility
grants; modifying grant amounts; appropriating money; authorizing the sale and
issuance of state bonds; amending Minnesota Statutes 2008, section 240A.09.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Thissen, Hornstein,
Lieder, Abeler, Paymar, Davnie and Wagenius introduced:
����� H. F. No. 949, A
bill for an act relating to public safety; authorizing automatic enforcement of
official traffic-control devices; allocating fine proceeds generated by these
devices; imposing petty misdemeanor penalty; appropriating money; amending
Minnesota Statutes 2008, sections 169.011, by adding subdivisions; 169.06, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapters 169; 299A.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� Murphy, M.,
introduced:
����� H. F. No. 950, A
bill for an act relating to retirement; authorizing the Public Employees
Retirement Association to offer a postretirement option for members of the
public employees retirement general plan; proposing coding for new law in
Minnesota Statutes, chapter 353.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Lillie, Hoppe,
Beard, Lieder and Abeler introduced:
����� H. F. No. 951, A
bill for an act relating to energy; authorizing two or more existing municipal
power agencies to form a new municipal power agency; amending Minnesota
Statutes 2008, sections 453.52, subdivisions 2, 7, 8; 453.53, subdivisions 1,
2, 3, 4, 8, 9; 453.55, subdivision 13.
����� The bill was read
for the first time and referred to the Energy Finance and Policy Division.
����� Eken, Cornish,
Dill, Persell and Falk introduced:
����� H. F. No. 952, A
bill for an act relating to waters; modifying membership of the Board of Water
and Soil Resources; amending Minnesota Statutes 2008, section 103B.101,
subdivisions 1, 2.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Paymar, Johnson,
Rosenthal, Hayden, Lesch, Kelliher, Ruud, Lillie, Mullery, Bly and Champion
introduced:
����� H. F. No. 953, A
bill for an act relating to public safety; modifying provisions related to the
transfer of pistols or semiautomatic military-style assault weapons; amending
Minnesota Statutes 2008, sections 624.7131, subdivisions 1, 4, 5, 7; 624.7132,
subdivisions 1, 3, 4, 5, 6, 8, 12, 13, by adding subdivisions; repealing
Minnesota Statutes 2008, sections 624.7131, subdivisions 9, 10; 624.7132,
subdivisions 10, 14.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� Lesch, Kelliher,
Holberg, Hayden, Ruud, Lillie and Abeler introduced:
����� H. F. No. 954, A
bill for an act relating to public safety; requiring that information on
persons civilly committed, found not guilty by reason of mental illness, or
incompetent to stand trial be transmitted to the federal National Instant
Criminal Background Check System; authorizing certain persons prohibited under
state law from possessing a firearm to petition a court for restoration of this
right; amending Minnesota Statutes 2008, section 624.713, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 253B.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� Morrow introduced:
����� H. F. No. 955, A
bill for an act relating to natural resources; renaming the Minnesota River
Basin Joint Powers Board; clarifying the duties and membership of board;
amending Minnesota Statutes 2008, section 103F.378.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Hornstein, Lanning
and Lenczewski introduced:
����� H. F. No. 956, A
bill for an act relating to municipalities; authorizing municipalities to
establish street improvement districts and apportion street improvement fees
within districts; requiring adoption of street improvement plan; authorizing
collection of fees; proposing coding for new law in Minnesota Statutes, chapter
435.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Olin, Kalin, Masin
and Marquart introduced:
����� H. F. No. 957, A
bill for an act relating to capital improvements; appropriating money for a
municipal geothermal, wind turbine, and solar energy power facility;
authorizing the sale and issuance of state bonds.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Olin, Haws, Sailer,
Kalin and Masin introduced:
����� H. F. No. 958, A
bill for an act relating to energy; authorizing state agencies to develop plan
for using federal stimulus funds dedicated to energy projects to install
energy-efficient windows in government and residential buildings, to weatherize
residential buildings, and to train installers; appropriating money.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Scalze, Lillie,
Lesch, Mahoney, Hausman and Johnson introduced:
����� H. F. No. 959, A
bill for an act relating to capital improvements; authorizing the sale and
issuance of bonds; appropriating money to construct trails in Ramsey County.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Masin,
Obermueller, Mack, Morgan, Hansen, Sterner, Atkins, Hausman and Hornstein
introduced:
����� H. F. No. 960, A
bill for an act relating to capital improvements; appropriating money for
capital improvements; appropriating money for Cedar Avenue Bus Rapid Transit
Way in Dakota County.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Bunn, Thissen,
Loeffler, Abeler and Murphy, E., introduced:
����� H. F. No. 961, A
bill for an act relating to human services; allowing for costs associated with
physical activities to be covered under home and community-based waivers;
amending Minnesota Statutes 2008, section 256B.092, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Dittrich, Bunn,
Swails, Abeler and Brynaert introduced:
����� H. F. No. 962, A
bill for an act relating to taxation; providing a special levy for costs of
operating and maintaining new county facilities; amending Minnesota Statutes
2008, section 275.70, subdivision 5.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Hilstrom, Paymar,
Hosch, Laine and Eastlund introduced:
����� H. F. No. 963, A
bill for an act relating to public safety; appropriating money for grants to
mentor the children of incarcerated parents.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Holberg, Garofalo
and Greiling introduced:
����� H. F. No. 964, A
bill for an act relating to the legislature; coordinating legislative districts
and congressional districts; amending Minnesota Statutes 2008, sections 2.021;
2.031, subdivision 1.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Gottwalt, Nornes,
Hosch, Drazkowski, Kiffmeyer, Abeler, Mack, Dean and Brod introduced:
����� H. F. No. 965, A
bill for an act relating to taxation; adjusting long-term care insurance
credit; amending Minnesota Statutes 2008, section 290.0672, subdivision 2.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Gunther and
Torkelson introduced:
����� H. F. No. 966, A
bill for an act relating to education finance; expanding school swimming pool
levy to include small school districts; amending Minnesota Statutes 2008,
section 126C.455.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Lillie, Mahoney,
Scalze and Lesch introduced:
����� H. F. No. 967, A
bill for an act relating to capital improvements; authorizing the sale and
issuance of state bonds; appropriating money to construct a trail in Ramsey
County.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Hosch, Howes,
Nelson, Mahoney, Thissen, Gunther, Anzelc, Johnson, Solberg, Juhnke, Davids,
Davnie, Kalin, Norton, Emmer and Sterner introduced:
����� H. F. No. 968, A
bill for an act relating to labor and employment; creating a Board of
Residential Construction; modifying license regulation; authorizing rulemaking;
amending Minnesota Statutes 2008, sections 326B.02, subdivisions 2, 5;
326B.802, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 326B.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Atkins and Thissen
introduced:
����� H. F. No. 969, A
bill for an act relating to health; modifying provisions governing patient
access to health records and costs; amending Minnesota Statutes 2008, sections
144.292, subdivisions 5, 6; 144.293, subdivisions 4, 6.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Brod; Kelly;
Shimanski; Pelowski; Nornes; Slawik; Anderson, P.; Scott; Gottwalt; Swails;
Loon and Kelliher introduced:
����� H. F. No. 970, A
bill for an act relating to elections; removing a requirement for a recount in
certain statewide elections and requiring a special runoff election;
authorizing the use of public money for runoff elections; appropriating money;
amending Minnesota Statutes 2008, sections 10A.315; 204C.35, subdivision 1, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 204D.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Bigham, Hilstrom
and Kohls introduced:
����� H. F. No. 971, A
bill for an act relating to crime; clarifying that registration time period of
predatory offender restarts after conviction of new crime; amending Minnesota
Statutes 2008, section 243.166, subdivision 6.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� Bigham, Hilstrom,
Paymar, Gunther and Kelly introduced:
����� H. F. No. 972, A
bill for an act relating to children; appropriating money to provide grants to
youth intervention programs.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Swails, Poppe,
Brynaert, Greiling and Obermueller introduced:
����� H. F. No. 973, A
bill for an act relating to education; allowing the use of health and safety
revenue to fund the costs associated with school district playground safety,
accessibility, safe surfacing, play and fitness equipment and related
inspections, design, installation, and ongoing maintenance; amending Minnesota
Statutes 2008, section 123B.57, subdivisions 1, 2, 6.
����� The bill was read
for the first time and referred to the Committee on K-12 Education Policy and
Oversight.
����� Gottwalt,
Severson, Drazkowski and Demmer introduced:
����� H. F. No. 974, A
bill for an act relating to energy; abolishing prohibition on issuing
certificate of need for new nuclear power plant; amending Minnesota Statutes
2008, section 216B.243, subdivision 3b.
����� The bill was read
for the first time and referred to the Energy Finance and Policy Division.
����� Gottwalt, Dettmer,
Sanders, Westrom and Kiffmeyer introduced:
����� H. F. No. 975, A
bill for an act relating to taxation; income; providing a subtraction for
contributions to a qualified section 529 college savings plan; amending
Minnesota Statutes 2008, section 290.01, subdivision 19b.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Gunther, Davids,
Gottwalt, Torkelson and Murdock introduced:
����� H. F. No. 976, A
bill for an act relating to taxation; income taxes; increasing the long-term
care insurance credit; amending Minnesota Statutes 2008, section 290.0672,
subdivision 2.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Juhnke; Solberg;
Howes; Gunther; Otremba; Koenen; Falk; Masin; Obermueller; Torkelson; Hamilton;
Anderson, P.; Urdahl; Demmer; Doty; Faust; Persell; Morrow; Anzelc; Murphy, M.;
Huntley; Reinert; Smith; Fritz; Magnus; Nornes; Dean; Hosch; Haws; Olin; Ward;
Eastlund; Pelowski; Sailer and Westrom introduced:
����� H. F. No. 977, A
bill for an act relating to game and fish; appropriating money for Let's Go
Fishing community outreach grants; transferring certain money.
����� The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
����� Lillie, Atkins,
Hosch, Zellers and Anzelc introduced:
����� H. F. No. 978, A
bill for an act relating to insurance; prohibiting automobile insurers from
owning repair facilities; amending Minnesota Statutes 2008, section 72A.20, by
adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Severson
introduced:
����� H. F. No. 979, A
bill for an act relating to taxation; property; modifying adjusted levy limit
base; amending Minnesota Statutes 2008, section 275.71, subdivision 4.
����� The bill was read
for the first time and referred to the Committee on Taxes.
����� Lieder introduced:
����� H. F. No. 980, A
bill for an act relating to public safety; modifying requirements of
eligibility based on military experience for reciprocity examination for a
peace officer; amending Minnesota Statutes 2008, section 626.8517.
����� The bill was read
for the first time and referred to the Committee on Public Safety Policy and
Oversight.
����� Bly, Greiling,
Laine, Davnie, Mariani, Tillberry and Slocum introduced:
����� H. F. No. 981, A
bill for an act relating to education; amending charter school provisions;
creating a commission; authorizing a private nonprofit corporation; amending
Minnesota Statutes 2008, section 124D.10, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 124D.
����� The bill was read
for the first time and referred to the Committee on K-12 Education Policy and
Oversight.
����� Murphy, M.; Nelson
and Smith introduced:
����� H. F. No. 982, A
bill for an act relating to retirement; revising allowable service credit for
certain job-sharing project of job-share program participants.
����� The bill was read
for the first time and referred to the Committee on State and Local Government Operations
Reform, Technology and Elections.
����� Hansen, Hausman,
Wagenius, Scalze, Dill, Howes, Welti and Simon introduced:
����� H. F. No. 983, A
bill for an act relating to capital improvements; establishing natural
resources asset preservation and replacement; proposing coding for new law in
Minnesota Statutes, chapter 84.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Norton; Huntley;
Murphy, E.; Abeler; Liebling; Ruud; Brod and Thao introduced:
����� H. F. No. 984, A
bill for an act relating to human services; authorizing medical assistance
coverage of primary care health care providers performing primary caries
prevention services as part of the child and teen checkup program; amending
Minnesota Statutes 2008, section 256B.0625, subdivision 14.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Hayden, Clark,
Greiling, Abeler and Champion introduced:
����� H. F. No. 985, A
bill for an act relating to human services; modifying provisions related to
children aging out of foster care; proposing coding for new law in Minnesota
Statutes, chapter 260C.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Thissen; Murphy,
E.; Abeler and Haws introduced:
����� H. F. No. 986, A
bill for an act relating to human services; amending county maintenance of
effort provisions for mental health provisions; amending Minnesota Statutes
2008, section 245.4835.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Abeler, Greiling,
Mullery, Carlson, Swails, Fritz and Ward introduced:
����� H. F. No. 987, A
bill for an act relating to human services; modifying medical assistance drug
formulary committee provisions; amending Minnesota Statutes 2008, section
256B.0625, subdivisions 13c, 13f.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Mariani, Hornstein,
Clark, Westrom, Hausman, Slocum, Tillberry, Buesgens, Abeler, Howes and
Eastlund introduced:
����� H. F. No. 988, A
bill for an act relating to drivers' licenses; prohibiting commissioner of
public safety from complying with Real ID Act.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Gottwalt, Hosch,
Drazkowski, Westrom, Kiffmeyer, Nornes and Severson introduced:
����� H. F. No. 989, A
bill for an act relating to drivers' licenses; requiring full head and face be
shown on driver's license and identification card; amending Minnesota Statutes
2008, section 171.07, subdivisions 1, 3; repealing Minnesota Statutes 2008,
sections 13.6905, subdivision 8; 171.071, subdivision 1.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Bunn, Abeler,
Solberg, Carlson, Ruud, McNamara, Kelliher and Gardner introduced:
����� H. F. No. 990, A
bill for an act relating to the budget reserve; modifying priorities for
additional revenues in general fund forecasts; requiring a report; amending
Minnesota Statutes 2008, section 16A.152, subdivision 2, by adding a
subdivision.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Eken introduced:
����� H. F. No. 991, A
bill for an act relating to transportation; establishing a portion of Trunk
Highway 200 as the Veterans Memorial Highway; amending Minnesota Statutes 2008,
section 161.14, by adding a subdivision.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Dill, Greiling,
Gunther, Anzelc, Doty and Mariani introduced:
����� H. F. No. 992, A
bill for an act relating to insurance; permitting local school districts to
choose to provide health coverage to their employees through the state employee
group insurance plan; specifying the procedure a school district must use to
make that choice; proposing coding for new law in Minnesota Statutes, chapter
43A.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Dill introduced:
����� H. F. No. 993, A
bill for an act relating to charitable organizations; adjusting a requirement
that financial statements submitted to the attorney general by charitable
organizations be audited; amending Minnesota Statutes 2008, section 309.53,
subdivision 3.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Lieder and Beard
introduced:
����� H. F. No. 994, A
bill for an act relating to motor carriers; abolishing state hazardous
materials registration and permit requirements; amending Minnesota Statutes
2008, section 221.0355.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Mullery
introduced:
����� H. F. No. 995, A
bill for an act relating to mortgages; foreclosures by advertisement; modifying
sheriff's sale procedure; amending Minnesota Statutes 2008, section 580.07.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Paymar and Hilstrom
introduced:
����� H. F. No. 996, A
bill for an act relating to courts; eliminating the requirement of personal appearance
in an application for a name change made by an adult; amending Minnesota
Statutes 2008, section 259.10, subdivision 1, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Seifert; Gottwalt;
Smith; Urdahl; Severson; Dettmer; Drazkowski; Davids; Lanning; Anderson, B.;
Anderson, S.; Shimanski; Scott; Torkelson; Hamilton and Loon introduced:
����� H. F. No. 997, A
resolution memorializing the federal government to halt its practice of
imposing mandates upon the states for purposes not enumerated by the
Constitution of the United States and affirming Minnesota's sovereignty under
the Tenth Amendment to the Constitution of the United States.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Emmer introduced:
����� H. F. No. 998, A
resolution memorializing Congress; claiming sovereignty under the Tenth
Amendment to the Constitution of the United States over certain powers; serving
notice to the federal government to cease and desist certain mandates; and
directing distribution.
����� The bill was read
for the first time and referred to the Committee on State and Local Government
Operations Reform, Technology and Elections.
����� Mullery, Greiling
and Tillberry introduced:
����� H. F. No. 999, A
bill for an act relating to civil law; providing for civil union relationships;
substituting civil union contracts for marriage for purposes of Minnesota law;
amending Minnesota Statutes 2008, sections 363A.27; 517.01; 517.02; 517.03;
517.07; 517.08; 517.10; 517.101; 517.20; proposing coding for new law in
Minnesota Statutes, chapter 517; repealing Minnesota Statutes 2008, sections
517.04; 517.041; 517.05; 517.06; 517.09; 517.13; 517.14; 517.15; 517.16;
517.18.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Norton and Liebling
introduced:
����� H. F. No. 1000, A bill
for an act relating to transportation; designating Highway 14 as Black and
Yellow Trail; amending Minnesota Statutes 2008, section 161.14, by adding a
subdivision.
����� The bill was read
for the first time and referred to the Transportation and Transit Policy and
Oversight Division.
����� Demmer introduced:
����� H. F. No. 1001, A
bill for an act relating to education finance; authorizing state grants to
leverage quality improvements in K-12 education; appropriating money.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Murphy, E.;
Thissen; Huntley; Hosch; Abeler; Dean and Clark introduced:
����� H. F. No. 1002, A
bill for an act relating to health; establishing a grant program for nursing
education demonstration projects; appropriating money.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Mahoney,
Drazkowski, Scalze, Johnson and Scott introduced:
����� H. F. No. 1003, A
bill for an act relating to family law; changing a rebuttable presumption of
minimum parenting time; specifying factors for rebuttal; changing a parenting
expense adjustment; amending Minnesota Statutes 2008, sections 518.175,
subdivision 1; 518A.36, subdivision 2.
����� The bill was read
for the first time and referred to the Committee on Civil Justice.
����� Hamilton
introduced:
����� H. F. No. 1004, A
bill for an act relating to human services; providing for relocation of an
ICF/MR facility in Cottonwood County; amending Minnesota Statutes 2008, section
252.291, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Health Care and Human
Services Policy and Oversight.
����� Reinert, Anzelc,
Dill, Lieder, Sailer and Olin introduced:
����� H. F. No. 1005, A
bill for an act relating to drivers' licenses; creating enhanced driver's
license and enhanced identification card; providing for application, issuance,
and appearance of card; directing commissioner of public safety to seek
approval of card by Homeland Security secretary for proof of identity and
citizenship and for use in entering United States; amending Minnesota Statutes
2008, sections 171.01, by adding subdivisions; 171.04, by adding a subdivision;
171.06, subdivisions 1, 2, 3, 6; 171.07, subdivision 3, by adding subdivisions;
171.071, by adding a subdivision.
����� The bill was read
for the first time and referred to the Committee on Finance.
����� Gunther introduced:
����� H. F. No. 1006, A
bill for an act relating to occupations and professions; modifying requirements
of the Combative Sports Commission; amending Minnesota Statutes 2008, sections
341.22; 341.24.
����� The bill was read
for the first time and referred to the Committee on Commerce and Labor.
����� Wagenius and
Carlson introduced:
����� H. F. No. 1007, A
bill for an act relating to state government; appropriating money for
environment and natural resources; modifying membership terms of the
Legislative-Citizen Commission on Minnesota Resources; amending Minnesota
Statutes 2008, section 116P.05, subdivision 1.
����� The bill was read
for the first time and referred to the Committee on Finance.
CALENDAR FOR THE DAY
����� H. F. No. 392 was reported
to the House.
Urdahl, Koenen
and Anderson, P., moved to amend H. F. No. 392, the second engrossment, as
follows:
Page 13, after
line 12, insert:
"Sec.
9.� [290.0681]
RURAL ECONOMIC GROWTH CREDIT.�
Subdivision
1.� Credit
name.� The credit allowed by
this section shall be known as the "Rural Minnesota Catch-Up Credit."
Subd. 2.� Definitions.� (a) For purposes of this section, the following
terms have the meanings given.
(b)
"Eligible county" means a county, located outside the metropolitan
area, as defined in section 473.121, subdivision 2, that experienced, between
1994 and 2004, a net new job growth rate of less than 15.6 percent, or a county
that has a population of less than 25,000 according to the 2000 census.
(c)
"Qualifying job" means a job in an industry that produces goods or
services that bring outside wealth into an eligible county.� A qualifying job includes jobs in the
following industries: �value-added
manufacturing, technologically innovative and information industries, forestry,
mining, agriprocessing, and tourism attractions.� At a minimum, a qualifying job must provide
full-time employment and pay not less than $12 per hour, or $10 per hour plus
health insurance benefits, or its equivalent.�
A qualifying job does not include any job for which a tax credit is
received under section 469.318 or for which a grant is made under section
469.309.
Subd. 3.� Credit
allowed.� A taxpayer that is
awarded a credit under subdivision 4 may take a credit against the tax imposed
by this chapter, equal to $4,000 per qualifying job created by the taxpayer,
per year for three years, and $3,000 in the fourth year.
Subd. 4.� Qualification;
application.� (a) To qualify
for a credit under this section, a taxpayer must have created a new qualifying
job within an eligible county after January 1, 2009.� The taxpayer must have had an employee in the
new qualifying job for 12 months before applying for a credit.
(b) A
taxpayer seeking a credit under this section must apply to an eligible county
at least 60 days before the award date in paragraph (c) on a form and in a
manner prescribed by the commissioner of employment and economic development.
(c) Eligible
counties shall award credits under this section once each year, by March 15,
during one two-year period beginning on January 1, 2012.� An eligible county shall publish a notice
advertising the award date, at least 90 days before the date. �The county board of commissioners of an
eligible county, or the duly appointed representatives of the county board of
commissioners, shall award credits under this section to applicants using
uniform criteria established by the commissioner of employment and economic
development.� In selecting among
applicants for awarding credits under this section, criteria must contemplate
and place greater weight on the following factors: �whether the qualifying job provides higher
wages, better benefits, or on-the-job training; whether the taxpayer's business
is locally owned and owns, rather than leases, its own facilities or buildings;
whether the taxpayer's business provides employee stock ownership plans or
employee profit sharing; and whether a higher percentage of the business's
employees are hired with tax credits under this section.� For purposes of this section, "duly
appointed representatives" include a county or regional economic
development agency or authority.
Subd. 5.� Limitation; carryforward.� (a) The total amount of credits under this
section may not exceed $150,000 per eligible county over two years.� If a county fails to award $150,000 within a
year, it may carry forward the amount that remains unawarded to the following
year.� Unawarded amounts may not be
carried beyond the following year and are lost.
(b) A taxpayer may claim the credit under this section for the
year following the year in which the new qualifying job is created and for each
year following a year in which the new qualifying job remains in existence, up
to a maximum of four years or $15,000 per qualifying job created.� The taxpayer may claim the credit under this
section for years in which the qualifying job was in existence for the entire year.� A credit under this section is awarded to the
taxpayer for, and attaches to, a designated employee.� If the designated employee for whom a credit
under this section was awarded leaves the employment of the taxpayer for any
reason, the taxpayer may continue to claim the credit for the qualifying job
only if a replacement employee is hired to fill the qualifying job within a
reasonable period, not to exceed three months.
Subd. 6.� Credit refundable.� If the amount of credit that the taxpayer
is eligible to receive under this section exceeds the liability for tax under
this chapter, the commissioner shall refund the excess to the claimant.� An amount sufficient to pay the refunds
authorized by this subdivision is appropriated to the commissioner from the
general fund.
Subd. 7.� Manner of claiming.� The commissioner shall prescribe the
manner in which the credit may be issued and claimed.� This may include providing for the issuance
of credit certificates or allowing the credit only as a separately processed
claim for a refund.
Subd. 8.� Report.� The commissioner of employment and
economic development shall provide a written report to the legislature by
February 15, 2012, in compliance with Minnesota Statutes, sections 3.195 and
3.197, on credits claimed under this section and shall evaluate the feasibility
and benefit of continuing the program.�
The commissioner may consult with the commissioner of revenue in
preparing this report.
Subd. 9.� Expiration.� This section expires for taxable years
beginning after December 31, 2015.
EFFECTIVE
DATE.� This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion did not
prevail and the amendment was not adopted.
Seifert
moved to amend H. F. No. 392, the second engrossment, as follows:
Page 11,
after line 17, insert:
"Sec.
8.� Minnesota Statutes 2008, section
290.06, is amended by adding a subdivision to read:
Subd.
1b.� Special
corporate rate.� (a)
Notwithstanding the provisions of subdivision 1, the franchise tax imposed on a
qualified corporation for the taxable year must be computed by applying to
taxable income the rate of 8.8 percent.
(b) For
purposes of this subdivision, a "qualified corporation" is a
corporation that was certified by the commissioner of employment and economic
development as increasing the number of its full-time equivalent employees in
Minnesota by at least 50 during the calendar year ending in its previous taxable
year.� The
commissioner
of employment and economic development shall establish an application and
certification procedure to verify the required increase in employment positions
and shall notify the commissioner of each qualified corporation for each
taxable year in the manner and by the time the commissioner prescribes.� A certified corporation is not a qualified
corporation for the taxable year unless its total Minnesota payroll, as defined
in section 290.191, subdivision 12, increased by one percent over the amount
reported in the previous taxable year.
EFFECTIVE DATE.�
This section is effective for taxable years beginning after December
31, 2009."
Page 13,
after line 12, insert:
"Sec.
10.� Minnesota Statutes 2008, section
290.068, subdivision 1, is amended to read:
Subdivision
1.� Credit
allowed.� A corporation, other than a
corporation treated as an "S" corporation under section 290.9725, is
allowed a credit against the portion of the franchise tax computed under
section 290.06, subdivision 1, for the taxable year equal to:�
(a) 5 percent of the first $2,000,000
of the excess (if any) of:
(1) the
qualified research expenses for the taxable year, over
(2) the
base amount; and
(b) 2.5
percent on all of such excess expenses over $2,000,000.
EFFECTIVE DATE.�
This section is effective for taxable years beginning after December
31, 2008.
Sec.
11.� Minnesota Statutes 2008, section
290.191, subdivision 2, is amended to read:
Subd.
2.� Apportionment
formula of general application.� (a)
Except for those trades or businesses required to use a different formula under
subdivision 3 or section 290.36, and for those trades or businesses that
receive permission to use some other method under section 290.20 or under
subdivision 4, a trade or business required to apportion its net income must
apportion its income to this state on the basis of the percentage obtained by
taking the sum of:
(1) the
percent for the sales factor under paragraph (b) of the percentage which the
sales made within this state in connection with the trade or business during
the tax period are of the total sales wherever made in connection with the
trade or business during the tax period;
(2) the
percent for the property factor under paragraph (b) of the percentage which the
total tangible property used by the taxpayer in this state in connection with
the trade or business during the tax period is of the total tangible property,
wherever located, used by the taxpayer in connection with the trade or business
during the tax period; and
(3) the
percent for the payroll factor under paragraph (b) of the percentage which the
taxpayer's total payrolls paid or incurred in this state or paid in respect to
labor performed in this state in connection with the trade or business during
the tax period are of the taxpayer's total payrolls paid or incurred in
connection with the trade or business during the tax period.
(b) For
purposes of paragraph (a) and subdivision 3, the following percentages apply
for the taxable years specified:
Taxable years beginning���������������������� Sales factor����������������������� Property factor������������������� Payroll factor
during calendar year��������������������������������� percent���������������������������������� percent�������������������������������� percent
��������������� 2007��������������������������������������������������� 78������������������������������������������ 11���������������������������������������� 11
��������������� 2008��������������������������������������������������� 81����������������������������������������� 9.5��������������������������������������� 9.5
��������������� 2009��������������������������������������������� 84
90����������������������������������������� 8
5��������������������������������������� 8
5
��������������� 2010��������������������������������������������� 87
95����������������������������������� 6.5
2.5��������������������������������� 6.5
.25
��������������� 2011��������������������������������������������������� 90��������������������������������������������� 5������������������������������������������� 5
��������������� 2012��������������������������������������������������� 93����������������������������������������� 3.5��������������������������������������� 3.5
��������������� 2013��������������������������������������������������� 96��������������������������������������������� 2������������������������������������������� 2
2014 and later calendar years�������������������� 100��������������������������������������������� 0������������������������������������������� 0
EFFECTIVE DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Page 16, after line 28, insert:
"Sec. 15.� Minnesota Statutes 2008, section 297A.68,
subdivision 5, is amended to read:
Subd. 5.� Capital
equipment.� (a) Capital equipment is
exempt.� The tax must be imposed and
collected as if the rate under section 297A.62, subdivision 1, applied, and
then refunded in the manner provided in section 297A.75.
"Capital equipment" means
machinery and equipment purchased or leased, and used in this state by the
purchaser or lessee primarily for manufacturing, fabricating, mining, or
refining tangible personal property to be sold ultimately at retail if the
machinery and equipment are essential to the integrated production process of
manufacturing, fabricating, mining, or refining.� Capital equipment also includes machinery and
equipment used primarily to electronically transmit results retrieved by a
customer of an online computerized data retrieval system.
(b) Capital equipment includes, but
is not limited to:
(1) machinery and equipment used to
operate, control, or regulate the production equipment;
(2) machinery and equipment used for
research and development, design, quality control, and testing activities;
(3) environmental control devices
that are used to maintain conditions such as temperature, humidity, light, or
air pressure when those conditions are essential to and are part of the
production process;
(4) materials and supplies used to
construct and install machinery or equipment;
(5) repair and replacement parts,
including accessories, whether purchased as spare parts, repair parts, or as
upgrades or modifications to machinery or equipment;
(6) materials used for foundations
that support machinery or equipment;
(7) materials used to construct and
install special purpose buildings used in the production process;
(8) ready-mixed concrete equipment in
which the ready-mixed concrete is mixed as part of the delivery process
regardless if mounted on a chassis, repair parts for ready-mixed concrete
trucks, and leases of ready-mixed concrete trucks; and
(9) machinery or equipment used for
research, development, design, or production of computer software.
(c) Capital equipment does not include
the following:
(1) motor vehicles taxed under chapter
297B;
(2) machinery or equipment used to
receive or store raw materials;
(3) building materials, except for
materials included in paragraph (b), clauses (6) and (7);
(4) machinery or equipment used for
nonproduction purposes, including, but not limited to, the following: �plant security, fire prevention, first aid,
and hospital stations; support operations or administration; pollution control;
and plant cleaning, disposal of scrap and waste, plant communications, space
heating, cooling, lighting, or safety;
(5) farm machinery and aquaculture
production equipment as defined by section 297A.61, subdivisions 12 and 13;
(6) machinery or equipment purchased
and installed by a contractor as part of an improvement to real property;
(7) machinery and equipment used by
restaurants in the furnishing, preparing, or serving of prepared foods as
defined in section 297A.61, subdivision 31;
(8) machinery and equipment used to furnish
the services listed in section 297A.61, subdivision 3, paragraph (g), clause
(6), items (i) to (vi) and (viii);
(9) machinery or equipment used in the
transportation, transmission, or distribution of petroleum, liquefied gas,
natural gas, water, or steam, in, by, or through pipes, lines, tanks, mains, or
other means of transporting those products.�
This clause does not apply to machinery or equipment used to blend
petroleum or biodiesel fuel as defined in section 239.77; or
(10) any other item that is not
essential to the integrated process of manufacturing, fabricating, mining, or
refining.
(d) For purposes of this subdivision:
(1) "Equipment" means
independent devices or tools separate from machinery but essential to an
integrated production process, including computers and computer software, used
in operating, controlling, or regulating machinery and equipment; and any
subunit or assembly comprising a component of any machinery or accessory or
attachment parts of machinery, such as tools, dies, jigs, patterns, and molds.
(2) "Fabricating" means to
make, build, create, produce, or assemble components or property to work in a
new or different manner.
(3) "Integrated production
process" means a process or series of operations through which tangible
personal property is manufactured, fabricated, mined, or refined.� For purposes of this clause, (i)
manufacturing begins with the removal of raw materials from inventory and ends
when the last process prior to loading for shipment has been completed; (ii)
fabricating begins with the removal from storage or inventory of the property
to be assembled, processed, altered, or modified and ends with the creation or
production of the new or changed product; (iii) mining begins with the removal
of overburden from the site of the ores, minerals, stone, peat deposit, or
surface materials and ends when the last process before stockpiling is
completed; and (iv) refining begins with the removal from inventory or storage
of a natural resource and ends with the conversion of the item to its completed
form.
(4) "Machinery" means
mechanical, electronic, or electrical devices, including computers and computer
software, that are purchased or constructed to be used for the activities set
forth in paragraph (a), beginning with the removal of raw materials from
inventory through completion of the product, including packaging of the
product.
(5) "Machinery and equipment used
for pollution control" means machinery and equipment used solely to
eliminate, prevent, or reduce pollution resulting from an activity described in
paragraph (a).
(6) "Manufacturing" means an
operation or series of operations where raw materials are changed in form,
composition, or condition by machinery and equipment and which results in the
production of a new article of tangible personal property.� For purposes of this subdivision,
"manufacturing" includes the generation of electricity or steam to be
sold at retail.
(7) "Mining" means the
extraction of minerals, ores, stone, or peat.
(8) "Online data retrieval
system" means a system whose cumulation of information is equally
available and accessible to all its customers.
(9) "Primarily" means
machinery and equipment used 50 percent or more of the time in an activity
described in paragraph (a).
(10) "Refining" means the
process of converting a natural resource to an intermediate or finished
product, including the treatment of water to be sold at retail.
(11) This subdivision does not apply
to telecommunications equipment as provided in subdivision 35, and does not
apply to wire, cable, fiber, poles, or conduit for telecommunications services.
EFFECTIVE DATE.� This section is
effective for sales and purchases made after June 30, 2009."
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was
taken on the Seifert amendment and the roll was called.� There were 58 yeas and 69 nays as follows:
����� Those who voted in
the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Beard
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Jackson
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Obermueller
Olin
Otremba
Peppin
Rosenthal
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Falk
Faust
Fritz
Gardner
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Kohls moved to amend H. F. No. 392, the second engrossment,
as follows:
Page 4, after line 23, insert:
"Sec. 4.�
Minnesota Statutes 2008, section 290.01, subdivision 19b, is amended to
read:
Subd. 19b.� Subtractions from federal taxable income.� For individuals, estates, and trusts, there
shall be subtracted from federal taxable income:
(1) net interest income on obligations of any authority,
commission, or instrumentality of the United States to the extent includable in
taxable income for federal income tax purposes but exempt from state income tax
under the laws of the United States;
(2) if included in federal taxable income, the amount of any
overpayment of income tax to Minnesota or to any other state, for any previous
taxable year, whether the amount is received as a refund or as a credit to
another taxable year's income tax liability;
(3) the amount paid to others, less the amount used to claim
the credit allowed under section 290.0674, not to exceed $1,625 for each
qualifying child in grades kindergarten to 6 and $2,500 for each qualifying
child in grades 7 to 12, for tuition, textbooks, and transportation of each
qualifying child in attending an elementary or secondary school situated in
Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident
of this state may legally fulfill the state's compulsory attendance laws, which
is not operated for profit, and which adheres to the provisions of the Civil
Rights Act of 1964 and chapter 363A.� For
the purposes of this clause, "tuition" includes fees or tuition as
defined in section 290.0674, subdivision 1, clause (1).� As used in this clause, "textbooks"
includes books and other instructional materials and equipment purchased or
leased for use in elementary and secondary schools in teaching only those
subjects legally and commonly taught in public elementary and secondary schools
in this state.� Equipment expenses
qualifying for deduction includes expenses as defined and limited in section
290.0674, subdivision 1, clause (3). "Textbooks" does not include
instructional books and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such tenets,
doctrines, or worship, nor does it include books or materials for, or
transportation to, extracurricular activities including sporting events,
musical or dramatic events, speech activities, driver's education, or similar
programs.� For purposes of the subtraction
provided by this clause, "qualifying child" has the meaning given in
section 32(c)(3) of the Internal Revenue Code;
(4) income as provided under section 290.0802;
(5) to the extent included in federal adjusted gross income,
income realized on disposition of property exempt from tax under section
290.491;
(6) to the extent not deducted or not deductible pursuant to
section 408(d)(8)(E) of the Internal Revenue Code in determining federal
taxable income by an individual who does not itemize deductions for federal
income tax purposes for the taxable year, an amount equal to 50 100
percent of the excess of charitable contributions over $500 allowable as a
deduction for the taxable year under section 170(a) of the Internal Revenue
Code and under the provisions of Public Law 109-1;
(7) for taxable years beginning before January 1, 2008, the
amount of the federal small ethanol producer credit allowed under section
40(a)(3) of the Internal Revenue Code which is included in gross income under
section 87 of the Internal Revenue Code;
(8) for individuals who are allowed a federal foreign tax
credit for taxes that do not qualify for a credit under section 290.06,
subdivision 22, an amount equal to the carryover of subnational foreign taxes
for the taxable year, but not to exceed the total subnational foreign taxes
reported in claiming the foreign tax credit.�
For purposes of this clause, "federal foreign tax credit"
means the credit allowed under section 27 of the Internal Revenue Code, and "carryover
of subnational foreign taxes" equals the carryover allowed under section
904(c) of the Internal Revenue Code minus national level foreign taxes to the
extent they exceed the federal foreign tax credit;
(9) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (7), or
19c, clause (15), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the delayed depreciation.� For purposes of this clause, "delayed
depreciation" means the amount of the addition made by the taxpayer under
subdivision 19a, clause (7), or subdivision 19c, clause (15), in the case of a
shareholder of an S corporation, minus the positive value of any net operating
loss under section 172 of the Internal Revenue Code generated for the tax year
of the addition.� The resulting delayed
depreciation cannot be less than zero;
(10) job opportunity building zone income as provided under
section 469.316;
(11) to the extent included in federal taxable income, the
amount of compensation paid to members of the Minnesota National Guard or other
reserve components of the United States military for active service performed
in Minnesota, excluding compensation for services performed under the Active
Guard Reserve (AGR) program.� For
purposes of this clause, "active service" means (i) state active
service as defined in section 190.05, subdivision 5a, clause (1); (ii) federally
funded state active service as defined in section 190.05, subdivision 5b; or
(iii) federal active service as defined in section 190.05, subdivision 5c, but
"active service" excludes service performed in accordance with
section 190.08, subdivision 3;
(12) to the extent included in federal taxable income, the
amount of compensation paid to Minnesota residents who are members of the armed
forces of the United States or United Nations for active duty performed outside
Minnesota under United States Code, title 10, section 101(d); United States
Code, title 32, section 101(12); or the authority of the United Nations;
(13) an amount, not to exceed $10,000, equal to qualified
expenses related to a qualified donor's donation, while living, of one or more
of the qualified donor's organs to another person for human organ
transplantation.� For purposes of this
clause, "organ" means all or part of an individual's liver, pancreas,
kidney, intestine, lung, or bone marrow; "human organ
transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person;
"qualified expenses" means unreimbursed expenses for both the
individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost
wages net of sick pay, except that such expenses may be subtracted under this
clause only once; and "qualified donor" means the individual or the
individual's dependent, as defined in section 152 of the Internal Revenue
Code.� An individual may claim the
subtraction in this clause for each instance of organ donation for
transplantation during the taxable year in which the qualified expenses occur;
(14) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (8), or
19c, clause (16), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the addition made by the taxpayer
under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
shareholder of a corporation that is an S corporation, minus the positive value
of any net operating loss under section 172 of the Internal Revenue Code
generated for the tax year of the addition.�
If the net operating loss exceeds the addition for the tax year, a
subtraction is not allowed under this clause;
(15) to the extent included in federal taxable income,
compensation paid to a service member as defined in United States Code, title
10, section 101(a)(5), for military service as defined in the Servicemembers
Civil Relief Act, Public Law 108-189, section 101(2);
(16) international economic development zone income as
provided under section 469.325; and
(17) to the extent included in federal taxable income, the
amount of national service educational awards received from the National
Service Trust under United States Code, title 42, sections 12601 to 12604, for
service in an approved Americorps National Service program.; and
(18) for individuals who itemize deductions for federal
income tax purposes for the taxable year, an amount equal to the amount that is
allowable as a deduction for the taxable year under section 170(a) of the
Internal Revenue Code.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Page 13, after line 12, insert:
"Sec. 10. �Minnesota Statutes 2008, section 290.091,
subdivision 2, is amended to read:
Subd. 2. �Definitions.� For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a) "Alternative minimum taxable income" means the
sum of the following for the taxable year:
(1) the taxpayer's federal alternative minimum taxable income
as defined in section 55(b)(2) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in computing
federal alternative minimum taxable income, but excluding:
(i) the charitable contribution deduction under section 170
of the Internal Revenue Code;
(ii) the medical expense deduction;
(iii) the casualty, theft, and disaster loss deduction; and
(iv) the impairment-related work expenses of a disabled
person;
(3) for depletion allowances computed under section 613A(c)
of the Internal Revenue Code, with respect to each property (as defined in
section 614 of the Internal Revenue Code), to the extent not included in
federal alternative minimum taxable income, the excess of the deduction for
depletion allowable under section 611 of the Internal Revenue Code for the
taxable year over the adjusted basis of the property at the end of the taxable
year (determined without regard to the depletion deduction for the taxable
year);
(4) to the extent not included in federal alternative minimum
taxable income, the amount of the tax preference for intangible drilling cost
under section 57(a)(2) of the Internal Revenue Code determined without regard
to subparagraph (E);
(5) to the extent not included in federal alternative minimum
taxable income, the amount of interest income as provided by section 290.01,
subdivision 19a, clause (1); and
(6) the amount of addition required by section 290.01,
subdivision 19a, clauses (7) to (9), (12), and (13);
less the sum of the amounts determined under the following:
(1) interest income as defined in section 290.01, subdivision
19b, clause (1);
(2) an overpayment of state income tax as provided by section
290.01, subdivision 19b, clause (2), to the extent included in federal
alternative minimum taxable income;
(3) the amount of investment interest paid or accrued within the
taxable year on indebtedness to the extent that the amount does not exceed net
investment income, as defined in section 163(d)(4) of the Internal Revenue
Code.� Interest does not include amounts
deducted in computing federal adjusted gross income; and
(4) amounts subtracted from federal taxable income as provided
by section 290.01, subdivision 19b, clauses (6) and, (9) to (16),
and (18).
In the case of an estate or trust, alternative minimum taxable
income must be computed as provided in section 59(c) of the Internal Revenue
Code.
(b) "Investment interest" means investment interest
as defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Tentative minimum tax" equals 6.4 percent of
alternative minimum taxable income after subtracting the exemption amount
determined under subdivision 3.
(d) "Regular tax" means the tax that would be
imposed under this chapter (without regard to this section and section
290.032), reduced by the sum of the nonrefundable credits allowed under this
chapter.
(e) "Net minimum tax" means the minimum tax imposed
by this section.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Kohls amendment and the roll was called.� There were 52 yeas and 78 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Howes
Jackson
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gardner
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Buesgens, Downey, Mack, Holberg, Gottwalt, Hackbarth, Emmer,
Kohls, Sanders, Drazkowski, Hoppe and Seifert offered an amendment to H. F. No.
392, the second engrossment.
POINT OF ORDER
����� Sertich raised a
point of order pursuant to rule 3.23 relating to constitutional amendments that
the Buesgens et al amendment was not in order. �The Speaker ruled the point of order well
taken and the Buesgens et al amendment out of order.
Kohls, Shimanski, Magnus and McNamara moved to amend H. F.
No. 392, the second engrossment, as follows:
Page 4, line 5, after "(8)" insert "for
taxable years beginning before January 1, 2009,"
Page 6, line 11, after "(16)" insert "for
taxable years beginning before January 1, 2009,"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Kohls et al amendment and the roll was called.� There were 63 yeas and 67 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Jackson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morrow
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Thissen
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Gardner
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
����� Davids offered an
amendment to H. F. No. 392, the second engrossment.
POINT OF ORDER
����� Lenczewski raised a
point of order pursuant to rule 3.21 that the Davids amendment was not in
order. The Speaker ruled the point of order well taken and the Davids amendment
out of order.
����� Seifert appealed
the decision of the Speaker.
����� A roll call was
requested and properly seconded.
����� The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.�
There were 81 yeas and 49 nays as follows:
����� Those who voted in the affirmative were:
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Jackson
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� So it was the
judgment of the House that the decision of the Speaker should stand.
����� Thissen was excused for the remainder of today's session.
Zellers moved to amend H. F. No. 392, the second engrossment,
as follows:
Page 1, after line 7, insert:
"Section 1.�
Minnesota Statutes 2008, section 270C.02, subdivision 1, is amended to
read:
Subdivision 1.� Commissioner; supervision of department and
appointment.� The Department of
Revenue is under the supervision and control of the commissioner.� The commissioner shall be appointed by the
governor under the provisions of section 15.06.�
The commissioner shall be selected on the basis of ability and
experience in the field of tax administration and without regard to political affiliations.� The governor may not appoint as
commissioner an individual who has been convicted of a criminal violation of a
federal or state tax or revenue law, who has failed to file a required original
individual income tax return within one year of its due date, or who has unpaid
federal, state, or local taxes for a prior taxable year when the appointment is
announced to the public."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Zellers amendment and the roll was called.� There were 123 yeas and 5 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Hayden
Kahn
Lesch
Rukavina
Thao
����� The motion
prevailed and the amendment was adopted.
����� The Speaker called
Pelowski to the Chair.
Drazkowski, Downey, Scott, Doepke, Severson, Holberg, Davids,
Buesgens, Emmer, Dettmer, Gottwalt, Garofalo, Hoppe, Zellers, Kohls, Lanning
and Peppin moved to amend H. F. No. 392, the second engrossment, as amended, as
follows:
Page 1, before line 8, insert:
"Section 1.�
Minnesota Statutes 2008, section 270A.03, subdivision 7, is amended to
read:
Subd. 7.� Refund.�
"Refund" means an individual income tax refund or political
contribution refund, pursuant to chapter 290, or a property tax credit or refund,
pursuant to chapter 290A, or a sustainable forest tax payment to a claimant
under chapter 290C.
For purposes of this chapter, lottery prizes, as set forth in
section 349A.08, subdivision 8, and amounts granted to persons by the
legislature on the recommendation of the joint senate-house of representatives
Subcommittee on Claims shall be treated as refunds.
In the case of a joint property tax refund payable to spouses
under chapter 290A, the refund shall be considered as belonging to each spouse
in the proportion of the total refund that equals each spouse's proportion of
the total income determined under section 290A.03, subdivision 3.� In the case of a joint income tax refund
under chapter 289A, the refund shall be considered as belonging to each spouse
in the proportion of the total refund that equals each spouse's proportion of
the total taxable income determined under section 290.01, subdivision 29.� The commissioner shall remit the entire
refund to the claimant agency, which shall, upon the request of the spouse who
does not owe the debt, determine the amount of the refund belonging to that
spouse and refund the amount to that spouse.�
For court fines, fees, and surcharges and court-ordered restitution under
section 611A.04, subdivision 2, the notice provided by the commissioner of
revenue under section 270A.07, subdivision 2, paragraph (b), serves as the
appropriate legal notice to the spouse who does not owe the debt.
EFFECTIVE
DATE.� This section is
effective for political contribution refund claims based on contributions made
on or after July 1, 2009."
Page 1, after line 15, insert:
"Sec. 3.� Minnesota
Statutes 2008, section 289A.50, subdivision 1, is amended to read:
Subdivision 1.� General right to refund.� (a) Subject to the requirements of this
section and section 289A.40, a taxpayer who has paid a tax in excess of the
taxes lawfully due and who files a written claim for refund will be refunded or
credited the overpayment of the tax determined by the commissioner to be
erroneously paid.
(b) The claim must specify the name of the taxpayer, the date
when and the period for which the tax was paid, the kind of tax paid, the
amount of the tax that the taxpayer claims was erroneously paid, the grounds on
which a refund is claimed, and other information relative to the payment and in
the form required by the commissioner.�
An income tax, estate tax, or corporate franchise tax return, or amended
return claiming an overpayment constitutes a claim for refund.
(c) When, in the course of an examination, and within the time
for requesting a refund, the commissioner determines that there has been an
overpayment of tax, the commissioner shall refund or credit the overpayment to
the taxpayer and no demand is necessary.�
If the overpayment exceeds $1, the amount of the overpayment must be
refunded to the taxpayer.� If the amount
of the overpayment is less than $1, the commissioner is not required to
refund.� In these situations, the
commissioner does not have to make written findings or serve notice by mail to
the taxpayer.
(d) If the amount allowable as a credit for withholding,
estimated taxes, or dependent care exceeds the tax against which the credit is
allowable, the amount of the excess is considered an overpayment.� The refund allowed by section 290.06,
subdivision 23, is also considered an overpayment.� The requirements of section 270C.33 do
not apply to the refunding of such an overpayment shown on the original return
filed by a taxpayer.
(e) If the entertainment tax withheld at the source exceeds by
$1 or more the taxes, penalties, and interest reported in the return of the
entertainment entity or imposed by section 290.9201, the excess must be
refunded to the entertainment entity.� If
the excess is less than $1, the commissioner need not refund that amount.
(f) If the surety deposit required for a construction contract
exceeds the liability of the out-of-state contractor, the commissioner shall
refund the difference to the contractor.
(g) An action of the commissioner in refunding the amount of
the overpayment does not constitute a determination of the correctness of the
return of the taxpayer.
(h) There is appropriated from the general fund to the
commissioner of revenue the amount necessary to pay refunds allowed under this
section.
EFFECTIVE DATE.� This section is effective for political
contribution refund claims based on contributions made on or after July 1,
2009.
Sec. 4.� Minnesota Statutes 2008, section 290.01,
subdivision 6, is amended to read:
Subd. 6.� Taxpayer.� The term "taxpayer" means any
person or corporation subject to a tax imposed by this chapter.� For purposes of section 290.06,
subdivision 23, the term "taxpayer" means an individual eligible to
vote in Minnesota under section 201.014.
EFFECTIVE DATE.� This section is effective for political
contribution refund claims based on contributions made on or after July 1,
2009."
Page 17, after
line 23, insert:
"Sec.
17.� REPEALER.�
Minnesota
Statutes 2008, section 290.06, subdivision 23, is repealed effective for
contributions made after June 30, 2009."
Renumber the
sections in sequence and correct the internal references
Amend the title
accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Drazkowski
et al amendment and the roll was called.�
There were 49 yeas and 79 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hamilton
Haws
Holberg
Hoppe
Jackson
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Peppin
Peterson
Rosenthal
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Abeler
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Eken
Falk
Faust
Fritz
Gardner
Hackbarth
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Poppe
Reinert
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Severson moved to amend H. F. No. 392, the second engrossment,
as amended, as follows:
Page 4, after line 23, insert:
"Sec. 4.� Minnesota
Statutes 2008, section 290.01, subdivision 19b, is amended to read:
Subd. 19b.� Subtractions from federal taxable income.� For individuals, estates, and trusts, there
shall be subtracted from federal taxable income:
(1) net interest income on obligations of any authority,
commission, or instrumentality of the United States to the extent includable in
taxable income for federal income tax purposes but exempt from state income tax
under the laws of the United States;
(2) if included in federal taxable income, the amount of any
overpayment of income tax to Minnesota or to any other state, for any previous
taxable year, whether the amount is received as a refund or as a credit to
another taxable year's income tax liability;
(3) the amount paid to others, less the amount used to claim
the credit allowed under section 290.0674, not to exceed $1,625 for each
qualifying child in grades kindergarten to 6 and $2,500 for each qualifying
child in grades 7 to 12, for tuition, textbooks, and transportation of each
qualifying child in attending an elementary or secondary school situated in
Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident
of this state may legally fulfill the state's compulsory attendance laws, which
is not operated for profit, and which adheres to the provisions of the Civil
Rights Act of 1964 and chapter 363A.� For
the purposes of this clause, "tuition" includes fees or tuition as
defined in section 290.0674, subdivision 1, clause (1).� As used in this clause, "textbooks"
includes books and other instructional materials and equipment purchased or
leased for use in elementary and secondary schools in teaching only those
subjects legally and commonly taught in public elementary and secondary schools
in this state.� Equipment expenses
qualifying for deduction includes expenses as defined and limited in section
290.0674, subdivision 1, clause (3). "Textbooks" does not include
instructional books and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such tenets,
doctrines, or worship, nor does it include books or materials for, or
transportation to, extracurricular activities including sporting events,
musical or dramatic events, speech activities, driver's education, or similar
programs.� For purposes of the
subtraction provided by this clause, "qualifying child" has the
meaning given in section 32(c)(3) of the Internal Revenue Code;
(4) income as provided under section 290.0802;
(5) to the extent included in federal adjusted gross income,
income realized on disposition of property exempt from tax under section
290.491;
(6) to the extent not deducted or not deductible pursuant to
section 408(d)(8)(E) of the Internal Revenue Code in determining federal taxable
income by an individual who does not itemize deductions for federal income tax
purposes for the taxable year, an amount equal to 50 percent of the excess of
charitable contributions over $500 allowable as a deduction for the taxable
year under section 170(a) of the Internal Revenue Code and under the provisions
of Public Law 109-1;
(7) for taxable years beginning before January 1, 2008, the
amount of the federal small ethanol producer credit allowed under section
40(a)(3) of the Internal Revenue Code which is included in gross income under
section 87 of the Internal Revenue Code;
(8) for individuals who are allowed a federal foreign tax
credit for taxes that do not qualify for a credit under section 290.06,
subdivision 22, an amount equal to the carryover of subnational foreign taxes
for the taxable year, but not to exceed the total subnational foreign taxes
reported in claiming the foreign tax credit.�
For purposes of this clause, "federal foreign tax credit"
means the credit allowed under section 27 of the Internal Revenue Code, and
"carryover of subnational foreign taxes" equals the carryover allowed
under section 904(c) of the Internal Revenue Code minus national level foreign
taxes to the extent they exceed the federal foreign tax credit;
(9) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (7), or
19c, clause (15), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the delayed depreciation.� For purposes of this clause, "delayed
depreciation" means the amount of the addition made by the taxpayer under
subdivision 19a, clause (7), or subdivision 19c, clause (15), in the case of a
shareholder of an S corporation, minus the positive value of any net operating
loss under section 172 of the Internal Revenue Code generated for the tax year
of the addition.� The resulting delayed
depreciation cannot be less than zero;
(10) job opportunity building zone income as provided under
section 469.316;
(11) to the extent included in federal taxable income, the
amount of compensation paid to members of the Minnesota National Guard or other
reserve components of the United States military for active service performed
in Minnesota, excluding compensation for services performed under the Active
Guard Reserve (AGR) program.� For
purposes of this clause, "active service" means (i) state active
service as defined in section 190.05, subdivision 5a, clause (1); (ii)
federally funded state active service as defined in section 190.05, subdivision
5b; or (iii) federal active service as defined in section 190.05, subdivision
5c, but "active service" excludes service performed in accordance
with section 190.08, subdivision 3;
(12) to the extent included in federal taxable income, the
amount of compensation paid to Minnesota residents who are members of the armed
forces of the United States or United Nations for active duty performed outside
Minnesota under United States Code, title 10, section 101(d); United States
Code, title 32, section 101(12); or the authority of the United Nations;
(13) an amount, not to exceed $10,000, equal to qualified
expenses related to a qualified donor's donation, while living, of one or more
of the qualified donor's organs to another person for human organ
transplantation.� For purposes of this
clause, "organ" means all or part of an individual's liver, pancreas,
kidney, intestine, lung, or bone marrow; "human organ
transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person;
"qualified expenses" means unreimbursed expenses for both the
individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost
wages net of sick pay, except that such expenses may be subtracted under this
clause only once; and "qualified donor" means the individual or the
individual's dependent, as defined in section 152 of the Internal Revenue Code.� An individual may claim the subtraction in
this clause for each instance of organ donation for transplantation during the
taxable year in which the qualified expenses occur;
(14) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (8), or
19c, clause (16), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the addition made by the taxpayer
under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
shareholder of a corporation that is an S corporation, minus the positive value
of any net operating loss under section 172 of the Internal Revenue Code
generated for the tax year of the addition.�
If the net operating loss exceeds the addition for the tax year, a
subtraction is not allowed under this clause;
(15) to the extent included in federal taxable income,
compensation paid to a service member as defined in United States Code, title
10, section 101(a)(5), for military service as defined in the Servicemembers
Civil Relief Act, Public Law 108-189, section 101(2);
(16) international economic development zone income as
provided under section 469.325; and
(17) to the extent included in federal taxable income, the
amount of national service educational awards received from the National
Service Trust under United States Code, title 42, sections 12601 to 12604, for
service in an approved Americorps National Service program.; and
(18) to the extent included in federal taxable income, a
percentage of compensation received from a pension or other retirement pay from
the federal government for service in the military, as computed under United
States Code, title 10, sections 1401 to 1412, 1447 to 1455, and 12733, as
follows: �(i) for taxable years beginning
after December 31, 2008, the percentage is 25 percent, except that if the
commissioner determines that the number of individuals claiming this
subtraction in any taxable year beginning after December 31, 2009, is at least
1,000 greater than the number claiming this subtraction in the taxable year
beginning after December 31, 2008, and before January 1, 2010, then the
percentage increases to 50 percent in following taxable years, and if the
commissioner determines that the number of individuals claiming this
subtraction in any taxable year beginning after the first taxable year in which
the percentage is 50 percent is at least 2,000 greater than the number claiming
this subtraction in the taxable year beginning after December 31, 2008, and
before January 1, 2010, then the percentage increases to 100 percent in
following taxable years.� An individual
who claims the subtraction in this clause may not also claim the credit in
section 290.0677.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Page 13, after line 12, insert:
"Section 10.�
Minnesota Statutes 2008, section 290.091, subdivision 2, is amended to
read:
Subd. 2. �Definitions.� For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a) "Alternative minimum taxable income" means the
sum of the following for the taxable year:
(1) the taxpayer's federal alternative minimum taxable income as
defined in section 55(b)(2) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in computing
federal alternative minimum taxable income, but excluding:
(i) the charitable contribution deduction under section 170 of
the Internal Revenue Code;
(ii) the medical expense deduction;
(iii) the casualty, theft, and disaster loss deduction; and
(iv) the impairment-related work expenses of a disabled
person;
(3) for depletion allowances computed under section 613A(c) of
the Internal Revenue Code, with respect to each property (as defined in section
614 of the Internal Revenue Code), to the extent not included in federal
alternative minimum taxable income, the excess of the deduction for depletion
allowable under section 611 of the Internal Revenue Code for the taxable year
over the adjusted basis of the property at the end of the taxable year
(determined without regard to the depletion deduction for the taxable year);
(4) to the extent not included in federal alternative minimum
taxable income, the amount of the tax preference for intangible drilling cost
under section 57(a)(2) of the Internal Revenue Code determined without regard
to subparagraph (E);
(5) to the extent not included in federal alternative minimum
taxable income, the amount of interest income as provided by section 290.01,
subdivision 19a, clause (1); and
(6) the amount of addition required by section 290.01,
subdivision 19a, clauses (7) to (9), (12), and (13);
less the sum of the amounts determined under the following:
(1) interest income as defined in section 290.01, subdivision
19b, clause (1);
(2) an overpayment of state income tax as provided by section
290.01, subdivision 19b, clause (2), to the extent included in federal
alternative minimum taxable income;
(3) the amount of investment interest paid or accrued within
the taxable year on indebtedness to the extent that the amount does not exceed
net investment income, as defined in section 163(d)(4) of the Internal Revenue
Code.� Interest does not include amounts
deducted in computing federal adjusted gross income; and
(4) amounts subtracted from federal taxable income as provided
by section 290.01, subdivision 19b, clauses (6) and, (9) to (16),
and (18).
In the case of an estate or trust, alternative minimum taxable
income must be computed as provided in section 59(c) of the Internal Revenue
Code.
(b) "Investment interest" means investment interest
as defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Tentative minimum tax" equals 6.4 percent of
alternative minimum taxable income after subtracting the exemption amount
determined under subdivision 3.
(d) "Regular tax" means the tax that would be
imposed under this chapter (without regard to this section and section
290.032), reduced by the sum of the nonrefundable credits allowed under this
chapter.
(e) "Net minimum tax" means the minimum tax imposed
by this section.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
POINT OF ORDER
����� Kohls raised a
point of order pursuant to section 124 of "Mason's Manual of Legislative
Procedure," relating to Personalities Not Permitted in Debate.� Speaker pro tempore Pelowski ruled the point
of order well taken.
����� The Speaker resumed
the Chair.
����� Atkins was excused for the remainder of
today's session.
CALL OF THE HOUSE
����� On the motion of
Seifert and on the demand of 10 members, a call of the House was ordered.� The following members answered to their
names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Peppin
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
����� Sertich moved that
further proceedings of the roll call be suspended and that the Sergeant at Arms
be instructed to bring in the absentees.�
The motion prevailed and it was so ordered.
����� Eken was excused
between the hours of 12:45 p.m. and 12:55 p.m.
����� The question recurred
on the Severson amendment and the roll was called.
����� Pursuant to rule
2.05, Newton and Reinert were excused from voting on the Severson amendment to
H. F. No 392, the second engrossment, as amended.
����� There were 57 yeas and 70 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Howes
Jackson
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Swails
Torkelson
Urdahl
Ward
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� Falk was excused for the remainder of
today's session.
CALL
OF THE HOUSE LIFTED
����� Sertich moved that the call of the House
be lifted.� The motion prevailed and it
was so ordered.
Anderson, S.,
moved to amend H. F. No. 392, the second engrossment, as amended, as follows:
Page 4, after
line 23, insert:
"Sec.
4.� Minnesota Statutes 2008, section
290.01, subdivision 19b, is amended to read:
Subd. 19b.� Subtractions
from federal taxable income.� For
individuals, estates, and trusts, there shall be subtracted from federal
taxable income:
(1) net interest
income on obligations of any authority, commission, or instrumentality of the
United States to the extent includable in taxable income for federal income tax
purposes but exempt from state income tax under the laws of the United States;
(2) if included
in federal taxable income, the amount of any overpayment of income tax to
Minnesota or to any other state, for any previous taxable year, whether the
amount is received as a refund or as a credit to another taxable year's income
tax liability;
(3) the amount
paid to others, less the amount used to claim the credit allowed under section
290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks,
and transportation of each qualifying child in attending an elementary or
secondary
school situated
in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
resident of this state may legally fulfill the state's compulsory attendance
laws, which is not operated for profit, and which adheres to the provisions of
the Civil Rights Act of 1964 and chapter 363A.�
For the purposes of this clause, "tuition" includes fees or
tuition as defined in section 290.0674, subdivision 1, clause (1). �As used in this clause, "textbooks"
includes books and other instructional materials and equipment purchased or
leased for use in elementary and secondary schools in teaching only those
subjects legally and commonly taught in public elementary and secondary schools
in this state.� Equipment expenses
qualifying for deduction includes expenses as defined and limited in section
290.0674, subdivision 1, clause (3). "Textbooks" does not include
instructional books and materials used in the teaching of religious tenets,
doctrines, or worship, the purpose of which is to instill such tenets,
doctrines, or worship, nor does it include books or materials for, or
transportation to, extracurricular activities including sporting events,
musical or dramatic events, speech activities, driver's education, or similar
programs.� For purposes of the
subtraction provided by this clause, "qualifying child" has the
meaning given in section 32(c)(3) of the Internal Revenue Code;
(4) income as provided under section 290.0802;
(5) to the extent included in federal adjusted gross income,
income realized on disposition of property exempt from tax under section
290.491;
(6) to the extent not deducted or not deductible pursuant to
section 408(d)(8)(E) of the Internal Revenue Code in determining federal
taxable income by an individual who does not itemize deductions for federal
income tax purposes for the taxable year, an amount equal to 50 percent of the
excess of charitable contributions over $500 allowable as a deduction for the taxable
year under section 170(a) of the Internal Revenue Code and under the provisions
of Public Law 109-1;
(7) for taxable years beginning before January 1, 2008, the
amount of the federal small ethanol producer credit allowed under section
40(a)(3) of the Internal Revenue Code which is included in gross income under
section 87 of the Internal Revenue Code;
(8) for individuals who are allowed a federal foreign tax
credit for taxes that do not qualify for a credit under section 290.06,
subdivision 22, an amount equal to the carryover of subnational foreign taxes
for the taxable year, but not to exceed the total subnational foreign taxes
reported in claiming the foreign tax credit.�
For purposes of this clause, "federal foreign tax credit"
means the credit allowed under section 27 of the Internal Revenue Code, and
"carryover of subnational foreign taxes" equals the carryover allowed
under section 904(c) of the Internal Revenue Code minus national level foreign
taxes to the extent they exceed the federal foreign tax credit;
(9) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (7), or
19c, clause (15), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the delayed depreciation.� For purposes of this clause, "delayed
depreciation" means the amount of the addition made by the taxpayer under
subdivision 19a, clause (7), or subdivision 19c, clause (15), in the case of a
shareholder of an S corporation, minus the positive value of any net operating
loss under section 172 of the Internal Revenue Code generated for the tax year
of the addition.� The resulting delayed
depreciation cannot be less than zero;
(10) job opportunity building zone income as provided under
section 469.316;
(11) to the extent included in federal taxable income, the
amount of compensation paid to members of the Minnesota National Guard or other
reserve components of the United States military for active service performed
in Minnesota, excluding compensation for services performed under the Active
Guard Reserve (AGR) program.� For
purposes of this clause, "active service" means (i) state active
service as defined in section 190.05, subdivision 5a, clause (1); (ii)
federally funded state active service as defined in section 190.05, subdivision
5b; or (iii) federal active service as defined in section 190.05, subdivision
5c, but "active service" excludes service performed in accordance
with section 190.08, subdivision 3;
(12) to the extent included in federal taxable income, the
amount of compensation paid to Minnesota residents who are members of the armed
forces of the United States or United Nations for active duty performed outside
Minnesota under United States Code, title 10, section 101(d); United States
Code, title 32, section 101(12); or the authority of the United Nations;
(13) an amount, not to exceed $10,000, equal to qualified
expenses related to a qualified donor's donation, while living, of one or more
of the qualified donor's organs to another person for human organ
transplantation.� For purposes of this
clause, "organ" means all or part of an individual's liver, pancreas,
kidney, intestine, lung, or bone marrow; "human organ
transplantation" means the medical procedure by which transfer of a human
organ is made from the body of one person to the body of another person;
"qualified expenses" means unreimbursed expenses for both the
individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost
wages net of sick pay, except that such expenses may be subtracted under this
clause only once; and "qualified donor" means the individual or the
individual's dependent, as defined in section 152 of the Internal Revenue Code.� An individual may claim the subtraction in
this clause for each instance of organ donation for transplantation during the
taxable year in which the qualified expenses occur;
(14) in each of the five tax years immediately following the
tax year in which an addition is required under subdivision 19a, clause (8), or
19c, clause (16), in the case of a shareholder of a corporation that is an S
corporation, an amount equal to one-fifth of the addition made by the taxpayer
under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
shareholder of a corporation that is an S corporation, minus the positive value
of any net operating loss under section 172 of the Internal Revenue Code
generated for the tax year of the addition.�
If the net operating loss exceeds the addition for the tax year, a
subtraction is not allowed under this clause;
(15) to the extent included in federal taxable income,
compensation paid to a service member as defined in United States Code, title
10, section 101(a)(5), for military service as defined in the Servicemembers
Civil Relief Act, Public Law 108-189, section 101(2);
(16) international economic development zone income as
provided under section 469.325; and
(17) to the extent included in federal taxable income, the
amount of national service educational awards received from the National
Service Trust under United States Code, title 42, sections 12601 to 12604, for
service in an approved Americorps National Service program; and
(18) to the extent included in federal taxable income, social
security benefits.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2011."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Anderson, S., amendment and the roll was called.� There were 49 yeas and 79 nays as
follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Jackson
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Kohls moved to amend H. F. No. 392, the second engrossment,
as amended, as follows:
Page 13, after line 12, insert:
"Sec. 9.�
Minnesota Statutes 2008, section 290.068, subdivision 1, is amended to
read:
Subdivision 1.� Credit allowed.� A corporation, other than a corporation
treated as an "S" corporation under section 290.9725, taxpayer
is allowed a credit against the portion of the franchise tax
computed under section 290.06, subdivision 1, for the taxable year equal
to:�
(a) 5 percent of the first $2,000,000 of the excess (if any)
of
(1) the qualified research expenses for the taxable year,
over
(2) the base amount; and
(b) 2.5 percent on all of such excess expenses over
$2,000,000.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008.
Sec. 10.� Minnesota
Statutes 2008, section 290.068, subdivision 3, is amended to read:
Subd. 3.� Limitation; carryover.� (a)(1) The credit for the taxable year shall
not exceed the liability for tax. "Liability for tax" for purposes of
this section means the tax imposed under section 290.06, subdivision 1, for the
taxable year reduced by the sum of the nonrefundable credits allowed under this
chapter.
(2) In the case of a corporation which is For a
partner in a partnership and for a shareholder in an S corporation, the
credit allowed for the taxable year shall not exceed the lesser of the amount
determined under clause (1) for the taxable year or an amount (separately
computed with respect to the corporation's taxpayer's interest in
the trade or business or entity) equal to the amount of tax attributable to
that portion of taxable income which is allocable or apportionable to the corporation's
taxpayer's interest in the trade or business or entity.
(b) If the amount of the credit determined under this section
for any taxable year exceeds the limitation under clause (a), the excess shall
be a research credit carryover to each of the 15 succeeding taxable years.� The entire amount of the excess unused credit
for the taxable year shall 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 clause shall not
exceed the taxpayer's liability for tax less the research credit for the
taxable year.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008.
Sec. 11.� Minnesota
Statutes 2008, section 290.068, subdivision 4, is amended to read:
Subd. 4.� Partnerships and S corporations.� In the case of partnerships and S
corporations the credit shall be allocated in the same manner provided by
section 41(f)(2) and 41(g) of the Internal Revenue Code.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The Speaker called
Pelowski to the Chair.
����� The question was
taken on the Kohls amendment and the roll was called.
����� Pursuant to rule
2.05, Hansen was excused from voting on the Kohls amendment to
H. F. No. 392, the second engrossment, as amended.
����� There were 58 yeas and 69 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Jackson
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Obermueller
Olin
Peppin
Rosenthal
Ruud
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Fritz
Gardner
Greiling
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Westrom moved to amend H. F. No. 392, the second engrossment,
as amended, as follows:
Page 2, delete section 3
Page 12, line 23, delete everything after "expenses"
and insert "deducted under section 222 of the Internal Revenue Code;
and"
Page 12, delete line 24
Page 14, line 16, delete everything after "expenses"
and insert "deducted under section 222 of the Internal Revenue Code;
and"
Page 14, delete line 17
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Westrom amendment and the roll was called.� There were 60 yeas and 68 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Howes
Jackson
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Peterson
Rosenthal
Ruud
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Swails
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Peppin
Persell
Poppe
Reinert
Rukavina
Sailer
Sertich
Simon
Slocum
Solberg
Sterner
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
Demmer moved to amend H. F. No. 392, the second engrossment,
as amended, as follows:
"Sec. 12.�
Minnesota Statutes 2008, section 291.03, subdivision 1, is amended to
read:
Subdivision 1.� Tax amount.� (a) The tax imposed shall be an amount equal
to the proportion of the maximum credit for state death taxes computed under
section 2011 of the Internal Revenue Code, but without regard to the
reduction in or repeal of the credit and using Minnesota adjusted taxable
estate instead of federal adjusted taxable estate, as the Minnesota gross estate
bears to the value of the federal gross estate.
(b) The tax determined under this subdivision must not be
greater than the sum of the following amounts multiplied by a fraction, the
numerator of which is the Minnesota gross estate and the denominator of which
is the federal gross estate:
(1) the rates and brackets under section 2001(c) of the
Internal Revenue Code multiplied by the sum of:
(i) the taxable estate, as defined under section 2051 of the
Internal Revenue Code; plus
(ii) adjusted taxable gifts, as defined in section 2001(b) of
the Internal Revenue Code; less
(2) the amount of tax allowed under section 2001(b)(2) of the
Internal Revenue Code; and less
(3) the federal credit allowed under section 2010 of the
Internal Revenue Code.
(c) For purposes of this subdivision, "Internal Revenue
Code" means the Internal Revenue Code of 1986, as amended through December
31, 2000.
EFFECTIVE
DATE.� This section is
effective for estates of decedents dying after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion did not
prevail and the amendment was not adopted.
Zellers moved to amend H. F. No. 392, the second engrossment,
as amended, as follows:
Page 1, after line 7, insert:
"Section 1.� [116J.8751] TAX EXEMPTION FOR NEW AND
EXPANDING BUSINESSES.�
Subdivision 1.�
Definitions.� (a) As used in the section, the following
terms have the meanings given.
(b) "Project" means any revenue-producing enterprise,
or any combination of two or more of these enterprises, if the project is
conducted by a qualifying business.
(c) "Project percentage" means the following
fraction reduced to a percentage for an approved project:
(1) the numerator of the fraction is:
(i) the ratio of the taxpayer's property factor under section
290.191 attributable to the project for the taxable year over the property
factor numerator determined under section 290.191, plus
(ii) the ratio of the taxpayer's project payroll factor under
paragraph (d) over the payroll factor numerator determined under section
290.191; and
(2) the denominator of the fraction is two.
When calculating the project percentage for a business that is
part of a unitary business as defined under section 290.17, subdivision 4, the
denominator of the payroll and property factors is the Minnesota payroll and
property of the unitary business as reported on the combined report under
section 290.17, subdivision 4, paragraph (j).
(d) "Project payroll factor" is that portion of the
payroll factor under section 290.191 attributable to wages or salaries paid to
individuals employed as a result of the project.
(e) "Qualifying business" means a corporation or
other entity subject to tax under section 290.02 that either:
(1) through the employment of knowledge or labor adds value to
a product, process, or service that results in the creation of new wealth; or
(2) operates tourism-related businesses and activities,
including recreation, historical and cultural events, guide services, and
unique lodging and food services that serve as destination attractions.
(f) "Relocates" means that the trade or business:
(1) ceases one or more operations or functions at another
location in Minnesota and begins performing substantially the same operations
or functions in connection with the eligible project; or
(2) reduces employment at another location in Minnesota
during a period starting one year before and ending one year after it begins
operation of the project and its employees in the project are engaged in the
same line of business as the employees at the location where it reduced
employment; but excludes
(3) an expansion by a business that establishes a new
facility that does not replace or supplant an existing operation or employment,
in whole or in part.
"Trade or business" includes any business entity that is
substantially similar in operation or ownership to the business entity seeking
to be a qualified business under this section.
(g) "Relocation payroll percentage" is a fraction,
the numerator of which is the project payroll of the business for the taxable
year minus the payroll from the relocated operations in the last full year of
operations prior to the relocation, and the denominator of which is the project
payroll of the business for the taxable year.�
The relocation payroll percentage of a business that is not a relocating
business is 100 percent.
Subd. 2.� Application for tax exemption.� (a) Upon application by a project operator
to the commissioner, the net income of a project may be exempt from corporate
franchise tax for a period not exceeding five years from commencement of
project operations.� The application for
the exemption must be reviewed as to the eligibility of the project by the
commissioner who shall determine whether the granting of the exemption is in
the best interest of the people of Minnesota and, if the commissioner so
determines, shall approve the exemption.�
A qualified business is eligible only if it either is a new business or
is an existing business that is constructing, purchasing or leasing additional
facilities in Minnesota, and is employing five or more additional employees in
Minnesota.� The commissioner shall, after
making its determination, enter a business subsidy agreement with the applicant
and after doing so shall certify the findings to the commissioner of revenue.
(b) The exemption under this section does not apply to
facilities located in a job opportunity building zone designated under section
469.314.
Subd. 3.� Notice to competitors.� The project operator shall provide notice
to competitors in the manner prescribed by the commissioner.
Subd. 4.� Calculation of exemption.� (a) A qualified business is exempt from
taxation on its income attributable to an eligible project approved by the
commissioner.� The exemption applies to
the tax under section 290.02, the alternative minimum tax under section
290.0921, and the minimum fee under section 290.0922, on the portion of its
income attributable to the eligible project.�
This exemption is determined as follows:
(1) for purposes of the tax imposed under section 290.02, by
multiplying its taxable net income by its project percentage and by its
relocation payroll percentage and subtracting the result in determining taxable
income;
(2) for purposes of the alternative minimum tax under section
290.0921, by multiplying its alternative minimum taxable income by its project
percentage and by its relocation payroll percentage and reducing alternative
minimum taxable income by this amount; and
(3) for purposes of the minimum fee under section 290.0922,
by excluding project property and payroll from the computations of the fee or
by exempting the entity under section 290.0922, subdivision 2, clause (9).
(b) No subtraction is allowed under this section in excess of
20 percent of the sum of the corporation's project payroll and the adjusted
basis of the property when the property is first used in the project by the
corporation.
EFFECTIVE
DATE.� This section is
effective July 1, 2009, and applies to taxable years beginning after December
31, 2008."
Page 11, after line 8, insert:
"Sec. 8.� Minnesota
Statutes 2008, section 290.01, subdivision 29, is amended to read:
Subd. 29.� Taxable income.� The term "taxable income" means:
(1) for individuals, estates, and trusts, the same as taxable
net income;
(2) for corporations, the taxable net income less
(i) the net operating loss deduction under section 290.095;
(ii) the dividends received deduction under section 290.21,
subdivision 4;
(iii) the exemption for operating in a job opportunity
building zone under section 469.317;
(iv) the exemption for operating in a biotechnology and health
sciences industry zone under section 469.337; and
(v) the exemption for operating in an international economic
development zone under section 469.326.; and
(vi) the exemption for projects approved under section
116J.8751.
EFFECTIVE
DATE.� This section is effective
for taxable years beginning after December 31, 2008."
Page 13, after line 12, insert:
"Sec. 11.�
Minnesota Statutes 2008, section 290.0921, subdivision 3, is amended to
read:
Subd. 3.� Alternative minimum taxable income.� "Alternative minimum taxable
income" is Minnesota net income as defined in section 290.01, subdivision
19, and includes the adjustments and tax preference items in sections 56, 57,
58, and 59(d), (e), (f), and (h) of the Internal Revenue Code.� If a corporation files a separate company
Minnesota tax return, the minimum tax must be computed on a separate company
basis.� If a corporation is part of a tax
group filing a unitary return, the minimum tax must be computed on a unitary
basis.� The following adjustments must be
made.
(1) For purposes of the depreciation adjustments under section
56(a)(1) and 56(g)(4)(A) of the Internal Revenue Code, the basis for
depreciable property placed in service in a taxable year beginning before
January 1, 1990, is the adjusted basis for federal income tax purposes,
including any modification made in a taxable year under section 290.01,
subdivision 19e, or Minnesota Statutes 1986, section 290.09, subdivision 7,
paragraph (c).
For taxable years beginning after December 31, 2000, the
amount of any remaining modification made under section 290.01, subdivision
19e, or Minnesota Statutes 1986, section 290.09, subdivision 7, paragraph (c),
not previously deducted is a depreciation allowance in the first taxable year
after December 31, 2000.
(2) The portion of the depreciation deduction allowed for
federal income tax purposes under section 168(k) of the Internal Revenue Code
that is required as an addition under section 290.01, subdivision 19c, clause
(15), is disallowed in determining alternative minimum taxable income.
(3) The subtraction for depreciation allowed under section
290.01, subdivision 19d, clause (18), is allowed as a depreciation deduction in
determining alternative minimum taxable income.
(4) The alternative tax net operating loss deduction under
sections 56(a)(4) and 56(d) of the Internal Revenue Code does not apply.
(5) The special rule for certain dividends under section
56(g)(4)(C)(ii) of the Internal Revenue Code does not apply.
(6) The special rule for dividends from section 936 companies
under section 56(g)(4)(C)(iii) does not apply.
(7) The tax preference for depletion under section 57(a)(1)
of the Internal Revenue Code does not apply.
(8) The tax preference for intangible drilling costs under
section 57(a)(2) of the Internal Revenue Code must be calculated without regard
to subparagraph (E) and the subtraction under section 290.01, subdivision 19d,
clause (4).
(9) The tax preference for tax exempt interest under section
57(a)(5) of the Internal Revenue Code does not apply.
(10) The tax preference for charitable contributions of
appreciated property under section 57(a)(6) of the Internal Revenue Code does
not apply.
(11) For purposes of calculating the tax preference for accelerated
depreciation or amortization on certain property placed in service before
January 1, 1987, under section 57(a)(7) of the Internal Revenue Code, the
deduction allowable for the taxable year is the deduction allowed under section
290.01, subdivision 19e.
For taxable years beginning after December 31, 2000, the
amount of any remaining modification made under section 290.01, subdivision
19e, not previously deducted is a depreciation or amortization allowance in the
first taxable year after December 31, 2004.
(12) For purposes of calculating the adjustment for adjusted
current earnings in section 56(g) of the Internal Revenue Code, the term
"alternative minimum taxable income" as it is used in section 56(g)
of the Internal Revenue Code, means alternative minimum taxable income as
defined in this subdivision, determined without regard to the adjustment for
adjusted current earnings in section 56(g) of the Internal Revenue Code.
(13) For purposes of determining the amount of adjusted
current earnings under section 56(g)(3) of the Internal Revenue Code, no
adjustment shall be made under section 56(g)(4) of the Internal Revenue Code
with respect to (i) the amount of foreign dividend gross-up subtracted as
provided in section 290.01, subdivision 19d, clause (1), (ii) the amount of
refunds of income, excise, or franchise taxes subtracted as provided in section
290.01, subdivision 19d, clause (9), or (iii) the amount of royalties, fees or
other like income subtracted as provided in section 290.01, subdivision 19d,
clause (10).
(14) Alternative minimum taxable income excludes the income
from operating in a job opportunity building zone as provided under section
469.317.
(15) Alternative minimum taxable income excludes the income
from operating in a biotechnology and health sciences industry zone as provided
under section 469.337.
(16) Alternative minimum taxable income excludes the income
from operating in an international economic development zone as provided under
section 469.326.
(17) Alternative minimum taxable income excludes the income
attributable to an approved project under section 116J.8751.
Items of tax preference must not be reduced below zero as a
result of the modifications in this subdivision.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008.
Sec. 12.� Minnesota
Statutes 2008, section 290.0922, subdivision 2, is amended to read:
Subd. 2.� Exemptions.� The following entities are exempt from the
tax imposed by this section:
(1) corporations exempt from tax under section 290.05;
(2) real estate investment trusts;
(3) regulated investment companies or a fund thereof; and
(4) entities having a valid election in effect under section
860D(b) of the Internal Revenue Code;
(5) town and farmers' mutual insurance companies;
(6) cooperatives organized under chapter 308A or 308B that
provide housing exclusively to persons age 55 and over and are classified as
homesteads under section 273.124, subdivision 3;
(7) an entity, if for the taxable year all of its property is
located in a job opportunity building zone designated under section 469.314 and
all of its payroll is a job opportunity building zone payroll under section
469.310; and
(8) an entity, if for the taxable year all of its property is
located in an international economic development zone designated under section
469.322, and all of its payroll is international economic development zone
payroll under section 469.321.� The
exemption under this clause applies to taxable years beginning during the
duration of the international economic development zone.; and
(9) an entity, if for the taxable year its project percentage
under section 116J.8751 is 100 percent.
Entities not specifically exempted by this subdivision are
subject to tax under this section, notwithstanding section 290.05.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008.
Sec. 13.� Minnesota
Statutes 2008, section 290.0922, subdivision 3, is amended to read:
Subd. 3.� Definitions.� (a) "Minnesota sales or receipts"
means the total sales apportioned to Minnesota pursuant to section 290.191,
subdivision 5, the total receipts attributed to Minnesota pursuant to section
290.191, subdivisions 6 to 8, and/or the total sales or receipts apportioned or
attributed to Minnesota pursuant to any other apportionment formula applicable
to the taxpayer.
(b) "Minnesota property" means total Minnesota
tangible property as provided in section 290.191, subdivisions 9 to 11, any
other tangible property located in Minnesota, but does not include: �(1) property located in a job opportunity
building zone designated under section 469.314, (2) property of a qualified
business located in a biotechnology and health sciences industry zone
designated under section 469.334, oder (3) for taxable years beginning
during the duration of the zone, property of a qualified business located in
the international economic development zone designated under section 469.322,
or (4) property attributable to a project approved under section 116J.8751.� Intangible property shall not be included in
Minnesota property for purposes of this section.� Taxpayers who do not utilize tangible
property to apportion income shall nevertheless include Minnesota property for
purposes
of this section.� On a
return for a short taxable year, the amount of Minnesota property owned, as
determined under section 290.191, shall be included in Minnesota property based
on a fraction in which the numerator is the number of days in the short taxable
year and the denominator is 365.
(c) "Minnesota payrolls" means total Minnesota
payrolls as provided in section 290.191, subdivision 12, but does not include: �(1) job opportunity building zone payrolls
under section 469.310, subdivision 8, (2) biotechnology and health sciences
industry zone payrolls under section 469.330, subdivision 8, oder (3) for
taxable years beginning during the duration of the zone, international economic
development zone payrolls under section 469.321, subdivision 9, or (4)
payroll attributable to a project approved under section 116J.8751.� Taxpayers who do not utilize payrolls to
apportion income shall nevertheless include Minnesota payrolls for purposes of
this section.
EFFECTIVE
DATE.� This section is
effective for taxable years beginning after December 31, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was
requested and properly seconded.
����� The question was
taken on the Zellers amendment and the roll was called.� There were 54 yeas and 73 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Jackson
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Eken
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not
prevail and the amendment was not adopted.
����� H. F. No. 392, A
bill for an act relating to taxation; providing a federal update; modifying
computation of net income and payment of corporate franchise tax refunds;
modifying requirements for appointment of commissioner of Department of
Revenue; amending Minnesota Statutes 2008, sections 270C.02, subdivision 1;
289A.02, subdivision 7; 290.01, subdivisions 19, 19a, 19c, 19d, 31, by adding a
subdivision; 290.067, subdivision 2a; 290A.03, subdivisions 3, 15; 291.005,
subdivision 1.
����� The bill was read
for the third time, as amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 128 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Eken
Emmer
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The bill was
passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
����� Dittrich moved that
the name of Ward be added as an author on H. F. No. 104.� The motion prevailed.
����� Solberg moved that
the names of Brown, Poppe, Hamilton and Magnus be added as authors on
H. F. No. 117.� The motion
prevailed.
����� Tillberry moved
that the name of Dettmer be added as an author on
H. F. No. 221.� The motion
prevailed.
����� Thissen moved that
the name of Poppe be added as an author on H. F. No. 249.� The motion prevailed.
����� Tillberry moved
that the name of Laine be added as an author on
H. F. No. 253.� The motion
prevailed.
����� Ruud moved that the
name of Thissen be added as an author on H. F. No. 293.� The motion prevailed.
����� Scalze moved that
the name of Murphy, E., be added as an author on
H. F. No. 330.� The motion
prevailed.
����� Fritz moved that
the name of Sailer be added as an author on H. F. No. 337.� The motion prevailed.
����� Hilstrom moved that
the name of Murphy, E., be added as an author on
H. F. No. 354.� The motion
prevailed.
����� Abeler moved that
his name be stricken as an author on H. F. No. 357.� The motion prevailed.
����� Ruud moved that the
name of Abeler be added as an author on H. F. No. 358.� The motion prevailed.
����� Norton moved that
the names of Hornstein, Davnie and Dill be added as authors on
H. F. No. 359.� The motion
prevailed.
����� Knuth moved that
the name of Murphy, E., be added as an author on
H. F. No. 362.� The motion
prevailed.
����� Slawik moved that
the name of Murphy, E., be added as an author on
H. F. No. 378.� The motion
prevailed.
����� Atkins moved that
the name of Mahoney be added as an author on H. F. No. 417.� The motion prevailed.
����� Hansen moved that
the name of Murphy, E., be added as an author on
H. F. No. 424.� The motion
prevailed.
����� Norton moved that
the name of Murphy, E., be added as an author on H. F. No. 439.� The motion prevailed.
����� Dean moved that the
name of Abeler be added as an author on H. F. No. 455.� The motion prevailed.
����� Thissen moved that
the name of Abeler be added as an author on H. F. No. 465.� The motion prevailed.
����� Liebling moved that
the name of Abeler be added as an author on H. F. No. 491.� The motion prevailed.
����� Scalze moved that
the name of Murphy, E., be added as an author on
H. F. No. 496.� The motion
prevailed.
����� Paymar moved that
the name of Liebling be added as an author on H. F. No. 507.� The motion prevailed.
����� Bly moved that the
name of Jackson be added as an author on H. F. No. 508.� The motion prevailed.
����� Simon moved that
the name of Murphy, E., be added as an author on
H. F. No. 512.� The motion
prevailed.
����� Sailer moved that
the name of Murphy, E., be added as an author on
H. F. No. 529.� The motion
prevailed.
����� Severson moved that
the names of Ward and Persell be added as authors on
H. F. No. 557.� The motion
prevailed.
����� Wagenius moved that
the name of Murphy, E., be added as an author on
H. F. No. 562.� The motion
prevailed.
����� Hortman moved that
the name of Hansen be added as an author on H. F. No. 578.� The motion prevailed.
����� Paymar moved that
the names of Johnson and Mariani be added as authors on
H. F. No. 584.� The motion
prevailed.
����� Paymar moved that
the names of Johnson and Mariani be added as authors on
H. F. No. 595.� The motion
prevailed.
����� Paymar moved that
the names of Johnson and Mariani be added as authors on
H. F. No. 596.� The motion
prevailed.
����� Clark moved that
the name of Sailer be added as an author on H. F. No. 607.� The motion prevailed.
����� Kahn moved that the
name of Sailer be added as an author on H. F. No. 608.� The motion prevailed.
����� Slocum moved that
the name of Slawik be added as an author on H. F. No. 623.� The motion prevailed.
����� Gardner moved that
the name of Sailer be added as an author on H. F. No. 625.� The motion prevailed.
����� Champion moved that
the name of Abeler be added as an author on H. F. No. 643.� The motion prevailed.
����� Mariani moved that
the name of Abeler be added as an author on H. F. No. 645.� The motion prevailed.
����� Seifert moved that
the name of Dittrich be added as an author on
H. F. No. 646.� The motion
prevailed.
����� Dettmer moved that
the name of Abeler be added as an author on H. F. No. 671.� The motion prevailed.
����� Kalin moved that
the name of Sailer be added as an author on H. F. No. 680.� The motion prevailed.
����� Knuth moved that
the name of Murphy, E., be added as an author on
H. F. No. 689.� The motion
prevailed.
����� Hortman moved that
the names of Morgan, Greiling and Tillberry be added as authors on
H. F. No. 690.� The motion
prevailed.
����� Kahn moved that the
name of Abeler be added as an author on H. F. No. 692.� The motion prevailed.
����� Smith moved that
the name of Scalze be added as an author on H. F. No. 697.� The motion prevailed.
����� Hosch moved that
the name of Ward be added as an author on H. F. No. 703.� The motion prevailed.
����� Loeffler moved that
the name of Sailer be added as an author on H. F. No. 705.� The motion prevailed.
����� Hortman moved that
the names of Kath, Abeler and Persell be added as authors on
H. F. No. 707.� The motion
prevailed.
����� Nelson moved that
the name of Abeler be added as an author on H. F. No. 709.� The motion prevailed.
����� Kahn moved that the
names of Abeler and Scalze be added as authors on
H. F. No. 724.� The motion
prevailed.
����� Mullery moved that
the name of Mahoney be added as an author on H. F. No. 731.� The motion prevailed.
����� Mariani moved that
the name of Abeler be added as an author on H. F. No. 740.� The motion prevailed.
����� Hilstrom moved that
the name of Slawik be added as an author on H. F. No. 742.� The motion prevailed.
����� Howes moved that
the name of Sailer be added as an author on H. F. No. 749.� The motion prevailed.
����� Hortman moved that
the name of Abeler be added as an author on H. F. No. 756.� The motion prevailed.
����� Ward moved that the
name of Cornish be added as an author on H. F. No. 760.� The motion prevailed.
����� Atkins moved that
the name of Abeler be added as an author on H. F. No. 772.� The motion prevailed.
����� Knuth moved that
the name of Murphy, E., be added as an author on
H. F. No. 774.� The motion
prevailed.
����� Dittrich moved that
the names of Ward and Scalze be added as authors on
H. F. No. 780.� The motion
prevailed.
����� Thissen moved that
the name of Kath be added as an author on H. F. No. 788.� The motion prevailed.
����� Olin moved that his
name be stricken as an author on H. F. No. 792.� The motion prevailed.
����� Morrow moved that
the names of Slocum and Reinert be added as authors on
H. F. No. 796.� The motion
prevailed.
����� Emmer moved that
the names of Hamilton, Torkelson and Magnus be added as authors on
H. F. No. 797.� The motion
prevailed.
����� Cornish moved that
the names of Doty, Holberg, Hamilton, Drazkowski and Gottwalt be added as
authors on H. F. No. 800.�
The motion prevailed.
����� Buesgens moved that
the name of Slocum be added as an author on H. F. No. 806.� The motion prevailed.
����� Hornstein moved
that the name of Mariani be added as an author on
H. F. No. 809.� The motion
prevailed.
����� Lenczewski moved
that the names of Sterner, Doty and Morgan be added as authors on
H. F. No. 816.� The motion
prevailed.
����� Hilstrom moved that
the names of Doty and Simon be added as authors on
H. F. No. 818.� The motion
prevailed.
����� Hausman moved that
the name of Reinert be added as an author on H. F. No. 820.� The motion prevailed.
����� Norton moved that
the name of Kelly be added as an author on H. F. No. 823.� The motion prevailed.
����� Hansen moved that
the names of Bigham, Atkins and Mariani be added as authors on
H. F. No. 828.� The motion
prevailed.
����� Kohls moved that
the names of Dittrich, Masin, Jackson, Simon and Scalze be added as authors on
H. F. No. 834.� The motion
prevailed.
����� Juhnke moved that
the name of Masin be added as an author on H. F. No. 840.� The motion prevailed.
����� Slocum moved that
the names of Mariani and Murphy, E., be added as authors on
H. F. No. 843.� The motion
prevailed.
����� Lieder moved that
the names of Torkelson; Anderson, P., and Hamilton be added as authors on
H. F. No. 846.� The motion
prevailed.
����� Brynaert moved that
the name of Simon be added as an author on H. F. No. 848.� The motion prevailed.
����� Hausman moved that
the name of Reinert be added as an author on H. F. No. 855.� The motion prevailed.
����� Emmer moved that
the name of Urdahl be added as an author on H. F. No. 857.� The motion prevailed.
����� Hosch moved that
the name of Morgan be added as an author on H. F. No. 866.� The motion prevailed.
����� Marquart moved that
the name of Ward be added as an author on H. F. No. 872.� The motion prevailed.
����� Marquart moved that
the names of Kath and Jackson be added as authors on
H. F. No. 873.� The motion
prevailed.
����� Champion moved that the name of Slocum be
added as an author on H. F. No. 883.� The motion prevailed.
����� Haws moved that the name of Jackson be
added as an author on H. F. No. 889.� The motion prevailed.
����� Atkins moved that the name of Sailer be
added as an author on H. F. No. 894.� The motion prevailed.
����� Hornstein moved that the names of Persell,
Tillberry and Murphy, E., be added as authors on
H. F. No. 898.� The motion
prevailed.
����� Mullery moved that
H. F. No. 84 be recalled from the Committee on Commerce and
Labor and be re-referred to the Committee on Civil Justice.� The motion prevailed.
����� Winkler moved that
H. F. No. 475 be recalled from the Committee on Taxes and be
re-referred to the Committee on Commerce and Labor.� The motion prevailed.
����� Rukavina moved that
H. F. No. 480 be recalled from the Higher Education and
Workforce Development Finance and Policy Division and be re-referred to the
Energy Finance and Policy Division.� The
motion prevailed.
����� Juhnke moved that
H. F. No. 977 be recalled from the Committee on Environment
Policy and Oversight and be re-referred to the Committee on Finance.� The motion prevailed.
FISCAL
CALENDAR ANNOUNCEMENT
����� Pursuant to rule 1.22, Solberg announced
his intention to place H. F. No. 886 on the Fiscal Calendar for
Monday, February 23, 2009.
ADJOURNMENT
����� Sertich moved that when the House adjourns
today it adjourn until 1:00 p.m., Monday, February 23, 2009.� The motion prevailed.
����� Sertich moved that the House adjourn.� The motion prevailed, and the Speaker
declared the House stands adjourned until 1:00 p.m., Monday, February 23, 2009.
Albin A. Mathiowetz, Chief Clerk, House of Representatives