STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FORTY-EIGHTH
DAY
Saint Paul, Minnesota, Thursday, May 2, 2013
����� The House of Representatives convened at
10:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
����� Prayer was offered by the Reverend John
Bauer, the Basilica of Saint Mary, Minneapolis, 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
Albright
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� A quorum was present.
����� Anderson, M.; Clark; Dill; Kelly; Loon;
Mullery and Petersburg were excused.
����� Allen and Erhardt were excused until 10:40
a.m.� Franson was excused until 10:50
a.m.� McDonald was excused until 1:20
p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:
H. F. No. 863, A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; providing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 27, 28, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12; 10A.025, subdivisions 2, 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 2, 3; 10A.20, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 10A.25, subdivisions 2, 2a, 3, 3a; 10A.257, subdivision 1; 10A.27, subdivisions 1, 10, 11, 13, 14, 15; 10A.323; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6.
Reported the same back with the following amendments:
Page 2, line 31, delete the colon
Page 2, line 32, delete "(1)"
Page 2, line 33, delete "; or" and insert a period
Page 3, delete lines 1 to 4
Page 3, line 15, after the first "Person" insert a period
Page 5, line 1, after "actions" insert "or negotiate settlements"
Page 5, line 7, after "association" insert "whose money was misused"
Page 5, line 14, delete "distributed" and insert "deposited in a campaign finance recovery account in the special revenue fund and are appropriated"
Page 5, line 16, delete "must" and insert "is appropriated to the board for its operations;"
Page 5, delete line 17
Page 5, line 19, delete everything after "General" and insert "in the recovery matter, calculated on the same basis as is used for charging legal fees to state agencies, is appropriated to the attorney general for the attorney general's operations; and"
Page 5, delete line 20
Page 5, line 21, delete "must be returned" and insert "is appropriated to the board for distribution"
Page 5, line 27, delete "deposited into" and insert "transferred to"
Page 6, line 16, after "a" insert "city or"
Page 7, after line 7, insert:
"Sec. 14.� Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:
Subd. 15.� Disposition of fees.� The board must deposit all fees and civil penalties collected under this chapter into the general fund in the state treasury."
Page 8, line 6, delete "gross"
Page 9, delete line 22
Page 9, line 23, delete "(6)" and insert "(5)"
Page 9, line 24, delete "(7)" and insert "(6)"
Page 9, line 25, delete "(8)" and insert "(7)"
Page 9, line 28, delete "(9)" and insert "(8)"
Page 13, line 34, delete the first comma and insert "and" and delete ", and disbursements for"
Page 13, line 35, delete the new language
Page 14, lines 2, 3, 6, and 7 delete the new language
Page 16, delete section 33
Page 22, before line 3, insert:�
"Sec. 34.� Minnesota Statutes 2012, section 10A.241, is amended to read:
10A.241
TRANSFER OF DEBTS.
Notwithstanding section 10A.24, A
candidate may terminate the candidate's principal campaign committee for one
state office by transferring any debts of that committee to the candidate's
principal campaign committee for another state office if all outstanding unpaid
bills or loans from the committee being terminated are assumed and continuously
reported by the committee to which the transfer is being made until paid or forgiven.� A loan that is forgiven is covered by section
10A.20 and, for purposes of section 10A.324, is a contribution to the
principal campaign committee from which the debt was transferred under this
section."
Page 22, line 24, delete "for electioneering communications"
Page 23, lines 4 and 14, delete "for electioneering communications"
Page 23, line 13, delete "is" and insert "it"
Page 25, delete section 41
Page 29, line 5, reinstate the stricken language and delete the new language
Page 29, delete lines 6 and 7
Page 29, lines 8 to 20, reinstate the stricken language
Page 29, delete lines 21 to 30
Relettter the paragraphs in sequence and correct the internal references
Page 30, line 1, delete "or as the source"
Page 30, line 2, delete the new language
Page 31, delete lines 3 to 6
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
����� The
report was adopted.
Mahoney from the Committee on
Jobs and Economic Development Finance and Policy to which was referred:
H. F. No. 1359, A bill for an act relating to
workers' compensation; making various policy and housekeeping changes; amending
Minnesota Statutes 2012, sections 176.102, subdivision 3a; 176.106, subdivision
1; 176.129, subdivision 13; 176.138; 176.183, subdivision 4; 176.245; 176.521.
Reported the same back with the following amendments:
Page 1, after line 6, insert:
"ARTICLE
1
POLICY AND
HOUSEKEEPING"
Page 7, after line 10, insert:
"ARTICLE
2
ADVISORY
COUNCIL RECOMMENDATIONS
Section 1.� Minnesota
Statutes 2012, section 176.011, subdivision 15, is amended to read:
Subd. 15.� Occupational disease.� (a) "Occupational disease"
means a mental impairment as defined in paragraph (d) or physical
disease arising out of and in the course of employment peculiar to the
occupation in which the employee is engaged and due to causes in excess of the
hazards ordinary of employment and shall include undulant fever.� Physical stimulus resulting in mental
injury and mental stimulus resulting in physical injury shall remain
compensable.� Mental impairment is not
considered a disease if it results from a disciplinary action work evaluation,
job transfer, layoff, demotion, promotion, termination, retirement, or similar
action taken in good faith by the employer.�
Ordinary diseases of life to which the general public is equally exposed
outside of employment are not compensable, except where the diseases follow as
an incident of an occupational disease, or where the exposure peculiar to the occupation
makes the disease an occupational disease hazard.� A disease arises out of the employment only
if there be a direct causal connection between the conditions under which the
work is performed and if the occupational disease follows as a natural incident
of the work as a result of the exposure occasioned by the nature of the
employment.� An employer is not liable
for compensation for any occupational disease which cannot be traced to the
employment as a direct and proximate cause and is not recognized as a hazard
characteristic of and peculiar to the trade, occupation, process, or employment
or which results from a hazard to which the worker would have been equally
exposed outside of the employment.
(b) If immediately preceding the date of disablement or
death, an employee was employed on active duty with an organized fire or police
department of any municipality, as a member of the Minnesota State Patrol,
conservation officer service, state crime bureau, as a forest officer by the
Department of Natural Resources, state correctional officer, or sheriff or
full-time deputy sheriff of any county, and the disease is that of myocarditis,
coronary sclerosis, pneumonia or its sequel, and at the time of employment such
employee was given a thorough physical examination by a licensed doctor of
medicine, and a written report thereof has been made and filed with such
organized fire or police department, with the Minnesota State Patrol,
conservation officer service, state crime bureau, Department of Natural
Resources, Department of Corrections, or sheriff's department of any county,
which examination and report negatived any evidence of myocarditis, coronary sclerosis,
pneumonia or its sequel, the disease is presumptively an occupational disease
and shall be presumed to have been due to the nature of employment.� If immediately preceding the date of
disablement or death, any individual who by nature of their position provides
emergency medical care, or an employee who was employed as a licensed police
officer under section 626.84, subdivision 1; firefighter; paramedic; state
correctional officer; emergency medical technician; or licensed nurse providing
emergency medical care; and who contracts an infectious or communicable disease
to which the employee was exposed in the course of employment outside of a
hospital, then the disease is presumptively an occupational disease and shall
be presumed to have been due to the nature of employment and the presumption
may be rebutted by substantial factors brought by the employer or insurer.� Any substantial factors which shall be used
to rebut this presumption and which are known to the employer or insurer at the
time of the denial of liability shall be communicated to the employee on the
denial of liability.
(c) A firefighter on active duty with an organized fire
department who is unable to perform duties in the department by reason of a
disabling cancer of a type caused by exposure to heat, radiation, or a known or
suspected carcinogen, as defined by the International Agency for Research on
Cancer, and the carcinogen is reasonably linked to the disabling cancer, is
presumed to have an occupational disease under paragraph (a).� If a firefighter who enters the service after
August 1, 1988, is examined by a physician prior to being hired and the
examination discloses the existence of a cancer of a type described in this
paragraph, the firefighter is not entitled to the presumption unless a
subsequent medical determination is made that the firefighter no longer has the
cancer.
(d) For the purposes of this chapter, "mental
impairment" means a diagnosis of post-traumatic stress disorder by a
licensed psychiatrist or psychologist.� For
the purpose of this chapter, "post-traumatic stress disorder" means
the condition as described in the most recently published edition of the
Diagnostic and Statistical Manual of Mental Disorders by the American
Psychiatric Association.
Sec. 2.� Minnesota
Statutes 2012, section 176.011, subdivision 16, is amended to read:
Subd. 16.� Personal
injury.� "Personal injury"
means any mental impairment as defined in subdivision 15, paragraph (d), or
physical injury arising out of and in the course of employment and includes
personal injury caused by occupational disease; but does not cover an employee
except while engaged in, on, or about the premises where the employee's
services require the employee's presence as a part of that service at the time
of the injury and during the hours of that service.� Where the employer regularly furnished
transportation to employees to and from the place of employment, those
employees are subject to this chapter while being so transported.� Physical stimulus resulting in mental
injury and mental stimulus resulting in physical injury shall remain
compensable.� Mental impairment is not
considered a personal injury if it results from a disciplinary action work
evaluation, job transfer, layoff, demotion, promotion, termination,
retirement, or similar action taken in good faith by the employer.
Sec. 3.� Minnesota
Statutes 2012, section 176.081, subdivision 1, is amended to read:
Subdivision 1.� Limitation of fees.� (a) A fee for legal services of 25
20 percent of the first $4,000 of compensation awarded to the
employee and 20 percent of the next $60,000 $130,000 of compensation
awarded to the employee is the maximum permissible fee and does not require
approval by the commissioner, compensation judge, or any other party.� All fees, including fees for obtaining
medical or rehabilitation benefits, must be calculated according to the formula
under this subdivision, except as otherwise provided in clause (1) or (2).
(1) The contingent attorney fee for
recovery of monetary benefits according to the formula in this section is
presumed to be adequate to cover recovery of medical and rehabilitation benefit
or services concurrently in dispute.�
Attorney fees for recovery of medical or rehabilitation benefits or
services shall be assessed against the employer or insurer only if the attorney
establishes that the contingent fee is inadequate to reasonably compensate the
attorney for representing the employee in the medical or rehabilitation
dispute.� In cases where the contingent
fee is inadequate the employer or insurer is liable for attorney fees based on
the formula in this subdivision or in clause (2).
For the purposes of applying the formula where the employer
or insurer is liable for attorney fees, the amount of compensation awarded for
obtaining disputed medical and rehabilitation benefits under sections 176.102,
176.135, and 176.136 shall be the dollar value of the medical or rehabilitation
benefit awarded, where ascertainable.
(2) The maximum attorney fee for
obtaining a change of doctor or qualified rehabilitation consultant, or any
other disputed medical or rehabilitation benefit for which a dollar value is
not reasonably ascertainable, is the amount charged in hourly fees for the
representation or $500, whichever is less, to be paid by the employer or
insurer.
(3) The fees for obtaining disputed medical or
rehabilitation benefits are included in the $13,000 $26,000 limit
in paragraph (b).� An attorney must
concurrently file all outstanding disputed issues.� An attorney is not entitled to attorney fees
for representation in any issue which could reasonably have been addressed
during the pendency of other issues for the same injury.
(b) All fees for legal services related to the same injury
are cumulative and may not exceed $13,000 $26,000.� If multiple injuries are the subject of a
dispute, the commissioner, compensation judge, or court of appeals shall
specify the attorney fee attributable to each injury.
(c) If the employer or the insurer or the defendant is given
written notice of claims for legal services or disbursements, the claim shall
be a lien against the amount paid or payable as compensation.� Subject to the foregoing maximum amount for
attorney fees, up to determine the existence of a
dispute.� Except where the employee is
represented by an attorney in other litigation pending at the department or at
the Office of Administrative Hearings, a fee may not be charged after June 1,
1996, for services with respect to a medical or rehabilitation issue arising
under section 176.102, 176.135, or 176.136 performed before the employee has
consulted with the department and the department certifies that there is a
dispute and that it has tried to resolve the dispute.25 20 percent of the first $4,000 $130,000
of periodic compensation awarded to the employee and 20 percent of the next
$60,000 of periodic compensation awarded to the employee may be withheld
from the periodic payments for attorney fees or disbursements if the payor of
the funds clearly indicates on the check or draft issued to the employee for
payment the purpose of the withholding, the name of the attorney, the amount
withheld, and the gross amount of the compensation payment before withholding.� In no case shall fees be calculated on the
basis of any undisputed portion of compensation awards.� Allowable fees under this chapter shall be
based solely upon genuinely disputed claims or portions of claims, including
disputes related to the payment of rehabilitation benefits or to other aspects
of a rehabilitation plan.� The existence
of a dispute is dependent upon a disagreement after the employer or insurer has
had adequate time and information to take a position on liability.� Neither the holding of a hearing nor the
filing of an application for a hearing alone may
(d) An attorney who is claiming legal fees for representing
an employee in a workers' compensation matter shall file a statement of attorney
fees with the commissioner, compensation judge before whom the matter was
heard, or Workers' Compensation Court of Appeals on cases before the court.� A copy of the signed retainer agreement shall
also be filed.� The employee and insurer
shall receive a copy of the statement.� The
statement shall be on a form prescribed by the commissioner and shall report
the number of hours spent on the case.
(e) Employers and insurers may not pay attorney fees or
wages for legal services of more than $13,000 $26,000 per case.
(f) An attorney must file a statement of attorney fees
within 12 months of the date the attorney has submitted the written notice
specified in paragraph (c).� If the
attorney has not filed a statement of attorney fees within the 12 months, the
attorney must send a renewed notice of lien to the insurer.� If 12 months have elapsed since the last
notice of lien has been received by the insurer and no statement of attorney
fees has been filed, the insurer must release the withheld money to the employee,
except that before releasing the money to the employee, the insurer must give
the attorney 30 days' written notice of the pending release.� The insurer must not release the money if the
attorney files a statement of attorney fees within the 30 days.
Sec. 4.� Minnesota
Statutes 2012, section 176.081, subdivision 7, is amended to read:
Subd. 7.� Award; additional amount.� If the employer or insurer files a denial
of liability, notice of discontinuance, or fails to make payment of
compensation or medical expenses within the statutory period after notice of
injury or occupational disease, or otherwise unsuccessfully resists the payment
of compensation or medical expenses, or unsuccessfully disputes the payment of
rehabilitation benefits or other aspects of a rehabilitation plan, and the
injured person has employed an attorney at law, who successfully procures
payment on behalf of the employee or who enables the resolution of a dispute
with respect to a rehabilitation plan, the compensation judge, commissioner, or
the Workers' Compensation Court of Appeals upon appeal, upon application, shall
award to the employee against the insurer or self-insured employer or uninsured
employer, in addition to the compensation benefits paid or awarded to the
employee, an amount equal to 30 percent of that portion of the attorney's fee
which has been awarded pursuant to this section that is in excess of $250.� This subdivision shall apply only to
contingent fees payable from the employee's compensation benefits, and not to
other fees paid by the employer and insurer, including but not limited to those
fees payable for resolution of a medical dispute or rehabilitation dispute, or
pursuant to section 176.191.
Sec. 5.� Minnesota
Statutes 2012, section 176.101, subdivision 1, is amended to read:
Subdivision 1.� Temporary total disability.� (a) For injury producing temporary total
disability, the compensation is 66-2/3 percent of the weekly wage at the time
of injury.
(b)(1) Commencing on October 1, 2008 2013, and
each October 1 thereafter, the maximum weekly compensation payable is $850
per week 102 percent of the statewide average weekly wage for the period
ending December 31 of the preceding year.
(2) The Workers' Compensation Advisory Council may consider
adjustment increases and make recommendations to the legislature.
(c) The minimum weekly
compensation payable is $130 per week or the injured employee's actual weekly
wage, whichever is less.
(d) Temporary total compensation shall be paid during the
period of disability subject to the cessation and recommencement conditions in
paragraphs (e) to (l).
(e) Temporary total disability compensation shall cease when
the employee returns to work.� Except as
otherwise provided in section 176.102, subdivision 11, temporary total
disability compensation may only be recommenced following cessation under this
paragraph, paragraph (h), or paragraph (j) prior to payment of 130 weeks of
temporary total disability compensation and only as follows:
(1) if temporary total disability compensation
ceased because the employee returned to work, it may be recommenced if the
employee is laid off or terminated for reasons other than misconduct if the
layoff or termination occurs prior to 90 days after the employee has reached
maximum medical improvement.� Recommenced
temporary total disability compensation under this clause ceases when any of
the cessation events in paragraphs (e) to (l) occurs; or
(2) if temporary total disability compensation ceased
because the employee returned to work or ceased under paragraph (h) or (j), it
may be recommenced if the employee is medically unable to continue at a job due
to the injury.� Where the employee is
medically unable to continue working due to the injury, temporary total
disability compensation may continue until any of the cessation events in
paragraphs (e) to (l) occurs following recommencement.� If an employee who has not yet received
temporary total disability compensation becomes medically unable to continue
working due to the injury after reaching maximum medical improvement, temporary
total disability compensation shall commence and shall continue until any of
the events in paragraphs (e) to (l) occurs following commencement.� For purposes of commencement or
recommencement under this clause only, a new period of maximum medical
improvement under paragraph (j) begins when the employee becomes medically
unable to continue working due to the injury.�
Temporary total disability compensation may not be recommenced under
this clause and a new period of maximum medical improvement does not begin if
the employee is not actively employed when the employee becomes medically
unable to work.� All periods of initial
and recommenced temporary total disability compensation are included in the
130-week limitation specified in paragraph (k).
(f) Temporary total disability compensation shall cease if
the employee withdraws from the labor market.�
Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee reenters the labor market
prior to 90 days after the employee reached maximum medical improvement and
prior to payment of 130 weeks of temporary total disability compensation.� Once recommenced, temporary total disability
ceases when any of the cessation events in paragraphs (e) to (l) occurs.
(g) Temporary total disability compensation shall cease if
the total disability ends and the employee fails to diligently search for
appropriate work within the employee's physical restrictions.� Temporary total disability compensation may
be recommenced following cessation under this paragraph only if the employee
begins diligently searching for appropriate work within the employee's physical
restrictions prior to 90 days after maximum medical improvement and prior to
payment of 130 weeks of temporary total disability compensation.� Once recommenced, temporary total disability
compensation ceases when any of the cessation events in paragraphs (e) to (l)
occurs.
(h) Temporary total disability compensation shall cease if
the employee has been released to work without any physical restrictions caused
by the work injury.
(i) Temporary total disability compensation shall cease if
the employee refuses an offer of work that is consistent with a plan of
rehabilitation filed with the commissioner which meets the requirements of
section 176.102, subdivision 4, or, if no plan has been filed, the employee
refuses an offer of gainful employment that the employee can do in the
employee's physical condition.� Once
temporary total disability compensation has ceased under this paragraph, it may
not be recommenced.
(j) Temporary total disability
compensation shall cease 90 days after the employee has reached maximum medical
improvement, except as provided in section 176.102, subdivision 11, paragraph
(b).� For purposes of this subdivision,
the 90-day period after maximum medical improvement commences on the earlier
of:� (1) the date that the employee
receives a written medical report indicating that the employee has reached
maximum medical improvement; or (2) the date that the employer or insurer
serves the report on the employee and the employee's attorney, if any.� Once temporary total disability compensation
has ceased under this paragraph, it may not be recommenced except if the employee
returns to work and is subsequently medically unable to continue working as
provided in paragraph (e), clause (2).
(k) Temporary total disability
compensation shall cease entirely when 130 weeks of temporary total disability
compensation have been paid, except as provided in section 176.102, subdivision
11, paragraph (b).� Notwithstanding
anything in this section to the contrary, initial and recommenced temporary
total disability compensation combined shall not be paid for more than 130
weeks, regardless of the number of weeks that have elapsed since the injury,
except that if the employee is in a retraining plan approved under section
176.102, subdivision 11, the 130-week limitation shall not apply during the
retraining, but is subject to the limitation before the plan begins and after
the plan ends.
(l) Paragraphs (e) to (k) do not limit other grounds under
law to suspend or discontinue temporary total disability compensation provided
under this chapter.
(m) Once an employee has been paid 52 weeks of temporary
total compensation, the employer or insurer must notify the employee in writing
of the 130-week limitation on payment of temporary total compensation.� A copy of this notice must also be filed with
the department.
Sec. 6.� Minnesota
Statutes 2012, section 176.102, subdivision 5, is amended to read:
Subd. 5.� On-the-job training; job development
limitation.� (a)
On-the-job training is to be given consideration in developing a rehabilitation
plan especially where it would produce an economic status similar to that
enjoyed prior to disability.
(b) For purposes of this subdivision,
job development means systematic contact with prospective employers resulting
in opportunities for interviews and employment that might not otherwise have
existed, and includes identification of job leads and arranging for job
interviews.� Job development facilitates
a prospective employer's consideration of a qualified employee for
employment.� Job development services
provided by a qualified rehabilitation consultant firm or a registered
rehabilitation vendor must not exceed 20 hours per month or 26 consecutive or
intermittent weeks.� When 13 consecutive
or intermittent weeks of job development services have been provided, the
qualified rehabilitation consultant must consult with the parties and either
file a plan amendment reflecting an agreement by the parties to extend job
development services for up to an additional 13 consecutive or intermittent
weeks, or file a request for a rehabilitation conference under section
176.106.� The commissioner or
compensation judge may issue an order modifying the rehabilitation plan or make
other determinations about the employee's rehabilitation, but must not order
more than 26 total consecutive or intermittent weeks of job development
services.
Sec. 7.� Minnesota
Statutes 2012, section 176.102, subdivision 10, is amended to read:
Subd. 10.� Rehabilitation;
consultants and vendors.� (a)
The commissioner shall approve rehabilitation consultants who may propose and
implement plans if they satisfy rules adopted by the commissioner for
rehabilitation consultants.� A consultant
may be an individual or public or private entity, and except for rehabilitation
services, Department of Employment and Economic Development, a consultant may
not be a vendor or the agent of a vendor of rehabilitation services.� The commissioner shall also approve
rehabilitation vendors if they satisfy rules adopted by the commissioner.
(b) An individual qualified rehabilitation consultant
registered by the commissioner must not provide any medical, rehabilitation, or
disability case management services related to an injury that is compensable
under this chapter when these services are part of the same claim, unless the
case management services are part of an approved rehabilitation plan.
Sec. 8.� Minnesota Statutes 2012, section 176.106,
subdivision 3, is amended to read:
Subd. 3.� Conference.� The matter shall be scheduled for an
administrative conference within 60 days after receipt of the request for a
conference, except that an administrative conference on a rehabilitation
issue under section 176.102 must be held within 21 days, unless the issue
involves only fees for rehabilitation services that have already been provided
or there is good cause for holding the conference later than 21 days.� If there is a rehabilitation plan in effect,
the qualified rehabilitation consultant must continue to provide reasonable
services under the plan until the date the conference was initially scheduled
to be held.� Notice of the conference
shall be served on all parties no later than 14 days prior to the conference,
unless the commissioner or compensation judge determines that a conference
shall not be held.� The commissioner or
compensation judge may order an administrative conference before the
commissioner's designee whether or not a request for conference is filed.
The commissioner or compensation judge may refuse to hold an
administrative conference and refer the matter for a settlement or pretrial
conference or may certify the matter to the Office of Administrative Hearings
for a full hearing before a compensation judge.
Sec. 9.� Minnesota
Statutes 2012, section 176.136, subdivision 1b, is amended to read:
Subd. 1b.� Limitation of liability.� (a) The liability of the employer for
treatment, articles, and supplies provided to an employee while an inpatient or
outpatient at a small hospital shall be the hospital's usual and customary
charge, unless the charge is determined by the commissioner or a compensation
judge to be unreasonably excessive.� A
"small hospital," for purposes of this paragraph, is a hospital which
has 100 or fewer licensed beds.
(b) The liability of the employer for
the treatment, articles, and supplies that are not limited by subdivision 1a or
1c or paragraph (a)
shall be limited to 85 percent of the provider's usual and customary charge, or
85 percent of the prevailing charges for similar treatment, articles, and
supplies furnished to an injured person when paid for by the injured person,
whichever is lower.� On this basis, the
commissioner or compensation judge may determine the reasonable value of all
treatment, services, and supplies, and the liability of the employer is limited
to that amount.� The commissioner may by
rule establish the reasonable value of a service, article, or supply in lieu of
the 85 percent limitation in this paragraph.�
A prevailing charge established under Minnesota Rules, part
5221.0500, subpart 2, must be based on no more than two years of billing data
immediately preceding the date of the service.
(c) The limitation of liability for
charges provided by paragraph (b) does not apply to a nursing home that
participates in the medical assistance program and whose rates are established
by the commissioner of human services.
(d) An employer's liability for treatment, articles, and
supplies provided under this chapter by a health care provider located outside
of Minnesota is limited to the payment that the health care provider would
receive if the treatment, article, or supply were paid under the workers'
compensation law of the jurisdiction in which the treatment was provided.
Sec. 10.� Minnesota
Statutes 2012, section 176.645, is amended to read:
176.645 ADJUSTMENT
OF BENEFITS.
Subdivision 1.� Amount.�
For injuries occurring after October 1, 1975, for which benefits are
payable under section 176.101, subdivisions 1, 2 and 4, and section 176.111,
subdivision 5, the total benefits due the employee or any dependents shall be
adjusted in accordance with this section.�
On October 1, 1981, and thereafter on the anniversary of the date of the
employee's injury the total benefits due shall be adjusted by multiplying the
total benefits due prior to each adjustment by a fraction, the denominator of
which is the statewide average weekly wage for December 31, of the year two
years previous to the adjustment and the numerator of which is the statewide average weekly wage for December 31, of the year
previous to the adjustment.� For injuries
occurring after October 1, 1975, all adjustments provided for in
this section shall be included in computing any benefit due under this section.� Any limitations of amounts due for daily or
weekly compensation under this chapter shall not apply to adjustments made
under this section.� No adjustment
increase made on or after October 1, 1977, but prior to October 1, 1992, under
this section shall exceed six percent a year; in those instances where the
adjustment under the formula of this section would exceed this maximum, the
increase shall be deemed to be six percent.�
No adjustment increase made on or after October 1, 1992, under this
section shall exceed four percent a year; in those instances where the
adjustment under the formula of this section would exceed this maximum, the
increase shall be deemed to be four percent.�
For injuries occurring on and after October 1, 1995, no adjustment
increase made on or after October 1, 1995, shall exceed two percent a year; in
those instances where the adjustment under the formula of this section would
exceed this maximum, the increase shall be deemed to be two percent.� For injuries occurring on and after
October 1, 2013, no adjustment increase shall exceed three percent a year.� If the adjustment under the formula of this
section would exceed three percent, the increase shall be three percent.� No adjustment under this section shall be
less than zero percent.� The Workers'
Compensation Advisory Council may consider adjustment or other further
increases and make recommendations to the legislature.
Subd. 2.� Time of first adjustment.� For injuries occurring on or after
October 1, 1981, the initial adjustment made pursuant to subdivision 1 is
deferred until the first anniversary of the date of the injury.� For injuries occurring on or after October 1,
1992, the initial adjustment under subdivision 1 is deferred until the second
anniversary of the date of the injury.� The
adjustment made at that time shall be that of the last year only.� For injuries occurring on or after October 1,
1995, the initial adjustment under subdivision 1 is deferred until the fourth
anniversary of the date of injury.� The adjustment at that time shall be that of
the last year only.� For injuries
occurring on or after October 1, 2013, the initial adjustment
under subdivision 1 is deferred until the third anniversary of the date of
injury.� The adjustment made at that time
shall be that of the last year only.
Sec. 11.� Minnesota
Statutes 2012, section 176.83, subdivision 5, is amended to read:
Subd. 5.� Treatment standards for medical services.� (a) In consultation with the Medical
Services Review Board or the rehabilitation review panel, the commissioner
shall adopt rules establishing standards and procedures for health care
provider treatment.� The rules shall
apply uniformly to all providers including those providing managed care under
section 176.1351.� The rules shall be
used to determine whether a provider of health care services and rehabilitation
services, including a provider of medical, chiropractic, podiatric, surgical,
hospital, or other services, is performing procedures or providing services at
a level or with a frequency that is excessive, unnecessary, or inappropriate
under section 176.135, subdivision 1, based upon accepted medical standards for
quality health care and accepted rehabilitation standards.
(b) The rules shall include, but are not limited to, the
following:
(1) criteria for diagnosis and treatment of the most common
work-related injuries including, but not limited to, low back injuries and
upper extremity repetitive trauma injuries;
(2) criteria for surgical procedures including, but not
limited to, diagnosis, prior conservative treatment, supporting diagnostic
imaging and testing, and anticipated outcome criteria;
(3) criteria for use of appliances, adaptive equipment, and
use of health clubs or other exercise facilities;
(4) criteria for diagnostic imaging procedures;
(5) criteria for inpatient hospitalization; and
(6) criteria for treatment of chronic pain; and
(7) criteria for the long-term
use of opioids or other scheduled medications to alleviate intractable pain and
improve function, including the use of written contracts between the injured
worker and the health care provider who prescribes the medication
(c) If it is determined by the payer that the level,
frequency, or cost of a procedure or service of a provider is excessive,
unnecessary, or inappropriate according to the standards established by the
rules, the provider shall not be paid for the procedure, service, or cost by an
insurer, self-insurer, or group self-insurer, and the provider shall not be
reimbursed or attempt to collect reimbursement for the procedure, service, or
cost from any other source, including the employee, another insurer, the
special compensation fund, or any government program unless the commissioner or
compensation judge determines at a hearing or administrative conference that
the level, frequency, or cost was not excessive under the rules in which case
the insurer, self-insurer, or group self-insurer shall make the payment deemed
reasonable.
(d) A rehabilitation provider who is determined by the
rehabilitation review panel board, after hearing, to be consistently performing
procedures or providing services at an excessive level or cost may be
prohibited from receiving any further reimbursement for procedures or services
provided under this chapter.� A
prohibition imposed on a provider under this subdivision may be grounds for
revocation or suspension of the provider's license or certificate of
registration to provide health care or rehabilitation service in Minnesota by
the appropriate licensing or certifying body.�
The commissioner and Medical Services Review Board shall review
excessive, inappropriate, or unnecessary health care provider treatment under
section 176.103.
Sec. 12.� PATIENT ADVOCATE PILOT PROGRAM.
The commissioner of labor and industry
shall implement a two-year patient advocate program for employees with back
injuries who are considering back fusion surgery.� The purpose of the program is to ensure that
injured workers understand their treatment options and receive treatment for their
work injuries according to accepted medical standards.� The services provided by the patient advocate
shall be paid for from the special compensation fund.
Sec. 13.� REIMBURSEMENT COST STUDY.
The commissioner of labor and industry shall study the
effectiveness and costs of potential reforms and barriers within the workers'
compensation carrier and health care provider reimbursement system including,
but not limited to, carrier administrative costs, prompt payment, uniform claim
components, and the effect on provider reimbursements and injured worker
co-payments of implementing the items studied.�
The commissioner shall consult with interested stakeholders including
health care providers, workers' compensation insurance carriers, and
representatives of business and labor to provide relevant data promptly to the
department to complete the study.� The
commissioner shall report findings and recommendations to the Workers'
Compensation Advisory Council by December 31, 2013.
EFFECTIVE DATE.� This section is effective the day following final enactment.
Sec. 14.� EFFECTIVE DATE.
(a) Sections 1 to 6 and 10 are effective for employees with
dates of injury occurring on or after October 1, 2013.
(b) Sections 7, 8, and 12 are effective on October 1, 2013.
(c) Section 9 is effective on October
1, 2013, and shall be used to establish prevailing charges on or after that
date.
(d) Section 11 is effective October 1, 2013, and applies to
employees with all dates of injury who receive treatment after the rules are
adopted."
Amend the title as follows:
Page 1, line 3, after the first semicolon, insert
"adopting advisory council recommendations; requiring a report;"
Correct the title numbers accordingly
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Ways and Means.
����� The
report was adopted.
����� Pursuant
to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution
No. 4, H. F. No. 1359 was re-referred to the Committee on Rules and Legislative
Administration.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
����� The
following House Files were introduced:
Clark; Hornstein; Erhardt; Sawatzky; Norton; Faust; Benson, J.; Masin; Kahn; Wagenius; Johnson, S.; Savick; Yarusso; Ward, J.A.; Laine; Selcer; Loeffler; Allen; Fischer; Metsa; Moran and Davnie introduced:
H. F. No. 1815, A bill for an act relating to transportation; mass transit; regulating design, accessibility, and maintenance of transit shelters and stops; requiring access in special transportation service buses; proposing coding for new law in Minnesota Statutes, chapter 473.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Kahn and Hornstein introduced:
H. F. No. 1816, A bill for an act relating to taxation; income and franchise; establishing a live theater production partnership credit; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Allen; Bly; Rosenthal; Abeler; Laine; Clark; Zerwas; McDonald; Moran; Ward, J.A.; Mack; Metsa; Lohmer; Morgan; Freiberg; Persell; Daudt and Hoppe introduced:
H. F. No. 1817, A bill for an act relating to health; authorizing use of complementary and alternative health care practices by health care practitioners; proposing coding for new law in Minnesota Statutes, chapter 214.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Melin; Hackbarth; Lillie; Paymar; Kieffer; Huntley; Schoen; Allen; Johnson, S.; Simon; Hausman; Carlson; Sundin; Freiberg; Bly; Rosenthal; Anzelc; Newton; Faust; Metsa; Mahoney; Masin; Clark; Hornstein; Mariani; Dehn, R.; Laine; Moran; Morgan; Ward, J.A.; Slocum; Hansen; Hilstrom; Liebling and Benson, J., introduced:
H. F. No. 1818, A bill for an act relating to health; permitting the medical use of marijuana; setting fees; authorizing rulemaking; providing criminal and civil penalties; appropriating money; amending Minnesota Statutes 2012, section 13.3806, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Bernardy introduced:
H. F. No. 1819, A bill for an act relating to veterans homes; clarifying calculation of maintenance charge; amending Minnesota Statutes 2012, section 198.03, subdivision 2.
The
bill was read for the first time and referred to the Committee on State
Government Finance and Veterans Affairs.
Kahn; Mariani; Dehn, R.; Davnie and Clark introduced:
H. F. No. 1820, A bill for an act relating to energy; nuclear energy; specifying recoverable costs; requiring installation of equipment; prohibiting issuance of a certificate of need for waste storage for facilities operating for more than 60 years; requiring a report; amending Minnesota Statutes 2012, section 216B.243, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 216B.
The bill was read for the first time and referred to the Committee on Energy Policy.
Kahn, Mariani, Davnie, Hornstein and Clark introduced:
H. F. No. 1821, A bill for an act relating to education; making proficiency in a second world language a requirement for high school graduation; requiring rulemaking; amending Minnesota Statutes 2012, sections 120B.021; 120B.022, subdivision 1; 120B.023, subdivision 2; 120B.024.
The bill was read for the first time and referred to the Committee on Education Policy.
MESSAGES FROM THE SENATE
����� The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:�
H. F. No. 648, A bill for an act relating to commerce; regulating certain lenders that use motor vehicle titles of the borrower as collateral; proposing coding for new law in Minnesota Statutes, chapter 47.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:�
H. F. No. 1195, A bill for an act relating to local government; giving Hennepin County the same authority as Minneapolis to negotiate agreements relating to skilled trade and craft workers and apprentices; amending Laws 1988, chapter 471, sections 1, subdivisions 1, as amended, 4, as amended; 2, as amended.
JoAnne M. Zoff, Secretary of the Senate
Mr.
Speaker:
����� I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
����� S. F. Nos. 250, 346, 723
and 748.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 250, A bill for an act relating to family law; adoption; modifying certain child placement proceedings; amending Minnesota Statutes 2012, section 260.771, subdivision 3.
The bill was read for the first time.�
Allen moved that S. F. No. 250 and H. F. No. 252, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 346, A bill for an act relating to crime; providing for forfeiture of money used or intended for use to facilitate a prostitution or sex trafficking offense; appropriating money; amending Minnesota Statutes 2012, sections 609.5312, subdivision 1; 609.5315, subdivisions 1, 5b, by adding a subdivision.
The bill was read for the first time.�
Hilstrom moved that S. F. No. 346 and H. F. No. 411, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 723, A bill for an act relating to higher education; providing for the treatment of undocumented immigrants with respect to financial aid and tuition at public postsecondary institutions; appropriating money; amending Minnesota Statutes 2012, section 136A.101, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 135A; repealing Minnesota Rules, part 4830.0100, subpart 5, item F.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
S. F. No. 748, A bill for an act relating to commerce; regulating preneed funeral insurance; amending Minnesota Statutes 2012, sections 61A.258, by adding a subdivision; 72A.207.
The bill was read for the first time.�
Laine moved that S. F. No. 748 and H. F. No. 654, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
CALENDAR FOR
THE DAY
����� S. F. No. 843 was reported
to the House.
����� Nelson moved to amend
S. F. No. 843, the second engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 1196, the
first engrossment:
"Section 1.� Minnesota Statutes 2012, section 331A.01, is amended by adding a subdivision to read:
Subd. 11.� Recognized
industry trade journal.� "Recognized
industry trade journal" means a printed or digital publication or Web site
that contains building and construction news of interest to contractors in this
state, or that publishes project advertisements and bids for review by
contractors or other interested bidders in its regular course of business.
Sec. 2.� Minnesota Statutes 2012, section 429.041, subdivision 1, is amended to read:
Subdivision 1.� Plans
and specifications, advertisement for bids.�
When the council determines to make any improvement, it shall let
the contract for all or part of the work, or order all or part of the work done
by day labor or otherwise as authorized by subdivision 2, no later than one
year after the adoption of the resolution ordering such improvement, unless a
different time limit is specifically stated in the resolution ordering the
improvement.� The council shall cause
plans and specifications of the improvement to be made, or if previously made,
to be modified, if necessary, and to be approved and filed with the clerk, and
if the estimated cost exceeds the amount in section 471.345, subdivision 3,
shall advertise for bids for the improvement in the newspaper and such other
papers or recognized industry trade journal as defined in section
331A.01, subdivision 11, and for such length of time as it may deem
advisable.� If the estimated cost exceeds
twice the amount in section 471.345, subdivision 3, publication shall be made
no less than three weeks before the last day for submission of bids once in the
newspaper and at least once in either a newspaper published in a city of the
first class or a trade paper recognized industry trade journal.� To be eligible as such a trade paper, a
publication shall have all the qualifications of a legal newspaper except that
instead of the requirement that it shall contain general and local news, such
trade paper shall contain building and construction news of interest to
contractors in this state, among whom it shall have a general circulation.� The advertisement shall specify the work to
be done, shall state the time when the bids will be publicly opened for
consideration by the council, which shall be not less than ten days after the
first publication of the advertisement when the estimated cost is less than
twice the amount in section 471.345, subdivision 3, and not less than three
weeks after such publication in other cases, and shall state that no bids will
be considered unless sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the clerk,
for such percentage of the amount of the bid as the council may specify.� In providing for the advertisement for bids
the council may direct that the bids shall be opened publicly by two or more
designated officers or agents of the municipality and tabulated in advance of
the meeting at which they are to be considered by the council.� Nothing
herein shall prevent the council from advertising separately for various portions of the work involved in an improvement, or from itself, supplying by such means as may be otherwise authorized by law, all or any part of the materials, supplies, or equipment to be used in the improvement or from combining two or more improvements in a single set of plans and specifications or a single contract.
Sec. 3.� REVISOR'S
INSTRUCTION.
The revisor of statutes shall identify
in Minnesota Statutes the sections that contain language requiring or
authorizing a political subdivision to publish advertisements for bids in the
official newspaper that are inconsistent with Minnesota Statutes, section
331A.03.� The revisor shall provide a
report to the chairs and ranking minority members of the senate and house of
representatives legislative committees with primary jurisdiction over local
governments listing the sections identified.�
The report shall be submitted by January 15, 2014."
����� Delete
the title and insert:
"A bill for an act relating to local government; authorizing publication of advertisements for competitive bids in a recognized industry trade journal; requiring a report; amending Minnesota Statutes 2012, sections 331A.01, by adding a subdivision; 429.041, subdivision 1."
����� The
motion prevailed and the amendment was adopted.
����� S. F. No. 843, A bill for
an act relating to local government; authorizing publication of advertisements
for competitive bids in a recognized industry trade journal; amending Minnesota
Statutes 2012, sections 331A.01, by adding a subdivision; 429.041, 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 100 yeas and 22 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davnie
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Gruenhagen
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Torkelson
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Yarusso
Zellers
Zerwas
Spk. Thissen
���������� Those who voted in the negative were:
Albright
Davids
Erickson, S.
Fabian
Green
Gunther
Hertaus
Holberg
Hoppe
Kiel
Lohmer
Myhra
Newberger
Peppin
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Uglem
Woodard
����� The bill was passed, as amended, and its
title agreed to.
����� H. F. No. 195, A bill for
an act relating to health; allowing a licensed dietitian or licensed
nutritionist to adhere to a practice guideline or protocol for a legend drug
prescribed by a physician; amending Minnesota Statutes 2012, section 151.37,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 121 yeas and 1 nay as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� Those who voted in the negative were:
Newberger
����� The bill was passed and its title agreed
to.
����� H. F. No. 1390 was reported
to the House.
Peppin moved to amend H. F. No. 1390, the first engrossment, as follows:
Page 3, reinstate line 5
����� A roll call was requested and properly
seconded.
����� The question was taken on the Peppin
amendment and the roll was called.� There
were 60 yeas and 66 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Brynaert
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Huntley
Johnson, B.
Kieffer
Kiel
Kresha
Laine
Leidiger
Lohmer
Mack
Mahoney
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
����� H. F. No. 1390, A bill for
an act relating to state government; updating provisions in the Geospatial Information
Office; amending Minnesota Statutes 2012, section 16E.30, subdivisions 7, 8, by
adding subdivisions; repealing Minnesota Statutes 2012, section 16E.30,
subdivisions 4, 5.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 70 yeas and 56 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Abeler
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� The bill was passed and its title agreed
to.
����� Murphy, E., moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
CALENDAR FOR
THE DAY, Continued
����� S. F. No. 1270 was reported
to the House.
����� Erhardt moved to amend
S. F. No. 1270, the second engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 1416, the
third engrossment:
"Section 1.� Minnesota Statutes 2012, section 160.21, subdivision 6, is amended to read:
Subd. 6.� Uncompleted subdivisions.� (a) A road authority, including a statutory or home rule charter city, may remove snow from unopened or private roads in uncompleted subdivisions containing five or more lots, upon adoption of an annual resolution finding that the subdivision developer, due to general insolvency or pending foreclosure, is unable to maintain the roads and that public safety may be jeopardized if the access of school buses, public works vehicles, or authorized emergency vehicles, as defined in section 169.011, subdivision 3, is obstructed.� Snow removal activities are limited to streets reasonably necessary for access by these buses or vehicles.
(b) Snow removal under this subdivision does not constitute:
(1) acceptance of the road from the developer by the road authority for public use;
(2) the opening of the road to public use; nor
(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication of roads under section 160.05.
(c) The road authority may impose a reasonable and proportionate charge on all properties within the subdivision for services provided under this subdivision.� These charges, if unpaid, may constitute a lien upon the properties within the subdivision and may be collected as a special assessment as provided by section 429.101 or by charter.
(d) Where a road has been maintained pursuant to this subdivision, the road authority with jurisdiction over the road, and its officers and employees, are exempt from liability for any tort claim for injury to person or property arising from plowing, maintaining, or otherwise working on the road and from traveling on the road and related to its maintenance or condition.� This paragraph does not apply to a claim for injury that is affirmatively caused by a negligent act of the road authority or its officers and employees.
(e) This subdivision expires May 2, 2013
2014.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� Minnesota Statutes 2012, section 160.80, subdivision 1, is amended to read:
Subdivision 1.� Commissioner may establish program.� (a) The commissioner of transportation may establish a sign franchise program for the purpose of providing on the right-of-way of interstate and controlled-access trunk highways specific information on gas, food, camping, lodging, attractions, and 24-hour pharmacies for the benefit of the motoring public.
(b) The sign franchise program must include urban interstate highways.
Sec. 3.� Minnesota Statutes 2012, section 160.80, subdivision 1a, is amended to read:
Subd. 1a.� Eligibility criteria for business panels.� (a) To be eligible for a business panel on a logo sign panel, a business establishment must:
(1) be open for business;
(2) have a sign on site that both identifies the business and is visible to motorists;
(3) be open to everyone, regardless of race,
religion, color, age, sex, national origin, creed, marital status, sexual
orientation, or disability; and
(4) not impose a cover charge or
otherwise require customers to purchase additional products or services; and
(5) meet the appropriate criteria in
paragraphs (b) to (f) (k).
(b) Gas businesses must provide vehicle
services including fuel gas or alternative fuels and oil;
restroom facilities and drinking water; continuous, staffed operation at least
12 hours a day, seven days a week; and public access to a telephone.
(c) Food businesses must serve
at least two meals a day during normal mealtimes of breakfast, lunch, and
dinner; provide a continuous, staffed food service operation at least ten
hours a day, seven days a six days per week except holidays as
defined in section 645.44, subdivision 5, and except as provided for seasonal
food service businesses; provide seating capacity for at least 20 people; provide
restroom facilities; provide public access to a telephone; and possess any
required state or local licensing or approval.�
Seasonal food service businesses must provide a continuous, staffed food
service operation at least ten hours a day serving at least two meals
per day six days per week, seven days a week, during their months of
operation.
(d) Lodging businesses must include sleeping accommodations, provide public access to a telephone, provide restroom facilities, and possess any required state or local licensing or approval.
(e) Camping businesses must include sites for camping, include parking accommodations for each campsite, provide sanitary facilities and drinking water, and possess any required state or local licensing or approval.
(f) 24-hour pharmacy businesses must be continuously operated 24 hours per day, seven days per week, and must have a state-licensed pharmacist present and on duty at all times.
(g) Attractions businesses must have
regional significance with the primary purpose of providing amusement,
historical, cultural, or leisure activities to the public; provide restroom
facilities and drinking water; possess any required state or local licensing
approval; and provide adequate bus and vehicle parking accommodations for
normal attendance.
(g) (h) Seasonal businesses
must indicate to motorists when they are open for business by either
putting the full months of operation directly on the business panel or
by having a "closed" plaque applied to the business panel when the
business is closed for the season.
(h) (i) The maximum distance
that an eligible business in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
or Washington County an urban area can be located from the
interchange is:� for gas, food,
lodging, attraction, and 24-hour pharmacy businesses, one
mile three miles; for food businesses, two miles; for lodging
businesses and 24-hour pharmacies, three miles; and for camping businesses,
ten miles.
(i) (j) The maximum distance
that an eligible business in any other county a rural area can be
located from the interchange shall not exceed 15 miles in either direction,
except the maximum distance that an eligible 24-hour pharmacy business can be
located from the interchange shall not exceed three miles in either direction.
(j) Logo sign panels must be erected so
that motorists approaching an interchange view the panels in the following
order:� 24-hour pharmacy, camping,
lodging, food, gas.
(k) If there is insufficient space on a
logo sign panel to display all eligible businesses for a specific type of
service, the businesses closest to the interchange have priority over
businesses farther away from the interchange.
(k) If there is available space on a
logo sign panel and no application has been received by the franchise from a
fully eligible business, a substantially eligible business may be allowed the
space.
Sec. 4.� Minnesota Statutes 2012, section 160.80, subdivision 2, is amended to read:
Subd. 2.� Franchises.� The commissioner may, by public negotiation or bid, grant one or more franchises to qualified persons to erect and maintain, on the right-of-way of interstate and controlled-access trunk highways, signs informing the motoring public of gas, food, lodging, camping facilities, attractions, and 24-hour pharmacies.� A franchisee shall furnish, install, maintain, and replace signs for the benefit of advertisers who provide gas, food, lodging, camping facilities, attractions, and 24-hour pharmacies for the general public, and lease advertising space on the signs to operators of these facilities.
Sec. 5.� Minnesota Statutes 2012, section 161.04, subdivision 5, is amended to read:
Subd. 5.� Trunk highway emergency relief account.� (a) The trunk highway emergency relief account is created in the trunk highway fund.� Money in the account is appropriated to the commissioner to be used to fund relief activities related to an emergency, as defined in section 161.32, subdivision 3, or under section 12A.16, subdivision 1.
(b) Reimbursements by the Federal Highway
Administration for emergency relief payments made from the trunk highway
emergency relief account must be credited to the account.� Interest accrued on the account must be
credited to the account.� Notwithstanding
section 16A.28, money in the account is available until spent.� If the balance of the account at the end of a
fiscal year is greater than $10,000,000, the amount above $10,000,000 must be
canceled to the trunk highway fund.
(c) By September 1, 2012, and in every subsequent even-numbered year by September 1, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over transportation policy and finance.� The report must include the balance, as well as details of payments made from and deposits made to the trunk highway emergency relief account since the last report.
Sec. 6.� Minnesota Statutes 2012, section 161.115, subdivision 229, is amended to read:
Subd. 229.� Route No. 298.� Beginning at a point on Route No. 21
in the city of Faribault; thence extending in a southerly and easterly
direction through the grounds of the Minnesota State Academy for the Blind,
the Faribault Regional Treatment Center, and the Minnesota Correctional
Facility - Faribault to a point on Route No. 323.
Sec. 7.� Minnesota Statutes 2012, section 161.115, is amended by adding a subdivision to read:
Subd. 270.� Route
No. 339.� Beginning at a
point on Route No. 45, thence extending easterly to a point on the
boundary line between the states of Minnesota and Wisconsin.
Sec. 8.� Minnesota Statutes 2012, section 161.1231, subdivision 8, is amended to read:
Subd. 8.� Special
account.� Fees collected by the
commissioner under this section must be deposited in the state treasury and
credited to a special account.� Money in
the account is appropriated to the commissioner to construct, operate,
repair, and maintain:� (1) the
parking facilities and the high-occupancy vehicle, (2) managed
lanes on I-394, and (3) related multimodal and technology
improvements that serve users of the parking facilities.
Sec. 9.� Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision to read:
Subd. 73.� Officer
Tom Decker Memorial Highway.� That
segment of marked Trunk Highway 23 from the east border of the township of
Wakefield to the west border of the city of Richmond is designated as
"Officer Tom Decker Memorial Highway." �Subject to section 161.139, the commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs.
Sec. 10.� Minnesota Statutes 2012, section 162.02, subdivision 3a, is amended to read:
Subd. 3a.� Variances from rules and engineering standards.� (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2.� A political subdivision in which a county state-aid highway is located or is proposed to be located may submit a written request to the commissioner for a variance for that highway.� The commissioner shall comply with section 174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b)
The commissioner shall publish notice of the request in the State Register
and give notice to all persons known to the commissioner to have an interest in
the matter.� The commissioner may
grant or deny the variance within 30 days of providing notice of receiving
the variance request.� If a
written objection to the request is received within seven days of providing
notice, the variance shall be granted or denied only after a contested case
hearing has been held on the request.�
If no timely objection is received and the variance is denied without
hearing, the political subdivision may request, within 30 days of receiving
notice of denial, and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Sec. 11.� Minnesota Statutes 2012, section 162.09, subdivision 3a, is amended to read:
Subd. 3a.� Variances from rules and engineering standards.� (a) The commissioner may grant variances from the rules and from the engineering standards developed pursuant to section 162.13, subdivision 2.� A political subdivision in which a municipal state-aid street is located or is proposed to be located may submit a written request to the commissioner for a variance for that street.� The commissioner shall comply with section 174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b) The commissioner shall publish
notice of the request in the State Register and give notice to all persons
known to the commissioner to have an interest in the matter.� The commissioner may grant or deny the
variance within 30 days of providing notice of receiving the variance
request.� If a written objection to
the request is received within seven days of providing notice, the variance
shall be granted or denied only after a contested case hearing has been held on
the request.� If no timely
objection is received and the variance is denied without hearing,
the political subdivision may request, within 30 days of receiving notice of
denial, and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Sec. 12.� Minnesota Statutes 2012, section 162.13, subdivision 2, is amended to read:
Subd. 2.� Money
needs defined.� For the purpose of
this section money needs of each city having a population of 5,000 or more are
defined as the estimated cost of constructing and maintaining over a period of
25 years the municipal state-aid street system in such city.� Right-of-way costs and drainage shall be
included in money needs.� Lighting costs
and other costs incidental to construction and maintenance, or a specified
portion of such costs, as set forth in the commissioner's rules, may be included
in determining money needs.� When a
county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid
street only the construction and maintenance costs of the portion of the street
other than the portions taken over by the county shall be included in the money
needs of the city.� To avoid
variances in costs due to differences in construction and maintenance policy,
construction and maintenance costs shall be estimated on the basis of the
engineering standards developed cooperatively by the commissioner and the
engineers, or a committee thereof, of the cities.
Sec. 13.� Minnesota Statutes 2012, section 168.017, subdivision 2, is amended to read:
Subd. 2.� 12
uniform registration periods.� There
are established 12 registration periods, each to be designated by a calendar
month and to start on the first day of such month and end on the last day of
the 12th month from the date of commencing.�
The registrar shall administer the monthly series system of
registration to distribute the work of registering vehicles described in
subdivision 1 as uniformly as practicable through the calendar year.� The registrar shall register all vehicles
subject to registration under the monthly series system for a minimum period of
12 consecutive calendar months.
Sec. 14.� Minnesota Statutes 2012, section 168.017, subdivision 3, is amended to read:
Subd. 3.� Exceptions.� (a) The registrar shall register
all vehicles subject to registration under the monthly series system for a
period of 12 consecutive calendar months, unless:
(1) the application is an original rather
than renewal application under section 168.127; or
(2) the applicant is a licensed motor
vehicle lessor under section 168.27 and the vehicle is leased or rented for
periods of time of not more than 28 days, in which case the applicant may apply
for initial or renewed registration of a vehicle for a period of four or more
months, the month of expiration to be designated by the applicant at the time
of registration.� To qualify for this
exemption, the applicant must present the application to the registrar at St. Paul,
or a designated deputy registrar office.�
Subsequent registration periods when the applicant is not a qualified
motor vehicle lessor under this subdivision must be for a period of 12 months
commencing from the last month for which registration was issued.
(b) In any instance except that of a
licensed motor vehicle lessor, the registrar shall not approve registering the
vehicle subject to the application for a period of less than three months,
except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.
Sec. 15.� Minnesota Statutes 2012, section 168.053, subdivision 1, is amended to read:
Subdivision 1.� Application;
fee; penalty.� Any person, firm, or
corporation engaged in the business of transporting motor vehicles owned by
another, by delivering, by drive-away or towing methods, either singly or by
means of the full mount method, the saddle mount method, the tow bar method, or
any other combination thereof, and under their own power, vehicles over the
highways of the state from the manufacturer or any other point of origin, to
any point of destination, within or without the state, shall make application
to the registrar for a drive-away in-transit license.� This application for annual license shall be
accompanied by a registration fee of $250 and contain such information as
the registrar may require.� Upon the
filing of the application and the payment of the fee, the registrar shall issue
to each drive-away operator a drive-away in-transit license plate, which must
be carried and displayed on the power unit consistent with section 169.79 and
the plate shall remain on the vehicle while being operated within the state
Minnesota.� The license plate issued under
this subdivision is not valid for the purpose of permanent vehicle registration
and is not valid outside Minnesota.� Additional
drive-away in-transit license plates desired by any drive-away operator may be
secured from the registrar of motor vehicles upon the payment of a fee of $5
for each set of additional license plates.�
Any person, firm, or corporation engaging in the business as a
drive-away operator, of transporting and delivering by means of full mount
method, the saddle mount method, the tow bar method, or any combination
thereof, and under their own power, motor vehicles, who fails or refuses to
file or cause to be filed an application, as is required by law, and to pay the
fees therefor as the law requires, shall be found guilty of violating the
provisions of sections 168.053 to 168.057; and, upon conviction, fined not less
than $50, and not more than $100, and all costs of court.� Each day so operating without securing the
license and plates as required therein shall constitute a separate offense
within the meaning thereof.
Sec. 16.� Minnesota Statutes 2012, section 168.123, subdivision 2, is amended to read:
Subd. 2.� Design.� The commissioner of veterans affairs shall design the emblem for the veterans' special plates, subject to the approval of the commissioner, that satisfy the following requirements:
(a) For a Vietnam veteran who served after
July 1, 1961, and before July 1, 1978, in the active military service in a
branch of the armed forces of the United States or a nation or society allied
with the United States the special plates must bear the inscription
"VIETNAM VET." �and
the letters "V" and "V" with the first letter directly
above the second letter and both letters just preceding the first numeral of
the special plate number.
(b) For a veteran stationed on
the island of Oahu, Hawaii, or offshore, during the attack on Pearl Harbor on
December 7, 1941, the special plates must bear the inscription "PEARL
HARBOR SURVIVOR." �and the
letters "P" and "H" with the first letter directly above
the second letter and both letters just preceding the first numeral of the
special plate number.
(c) For a veteran who served during World
War I or World War II, the plates must bear the inscription "WORLD WAR
VET." and:
(1) for a World War I veteran, the
characters "W" and "I" with the first character directly
above the second character and both characters just preceding the first numeral
of the special plate number; or
(2) for a World War II veteran, the
characters "W" and "II" with the first character directly
above the second character and both characters just preceding the first numeral
of the special plate number.
(d) For a veteran who served during the
Korean Conflict, the special plates must bear the inscription "KOREAN VET."
�and the letters "K" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(e) For a combat wounded veteran who is a
recipient of the Purple Heart medal, the plates must bear the inscription
"COMBAT WOUNDED VET" and have a facsimile or an emblem of the
official Purple Heart medal and the letters "C" over "W"
with the first letter directly over the second letter just preceding the first
numeral of the special plate number.
A member of the United States armed forces who is serving actively in the military and who is a recipient of the Purple Heart medal is also eligible for this license plate.� The commissioner of public safety shall ensure that information regarding the required proof of eligibility for any applicant under this paragraph who has not yet been issued military discharge papers is distributed to the public officials responsible for administering this section.
(f) For a Persian Gulf War veteran, the
plates must bear the inscription "GULF WAR VET." �and the letters "G" and
"W" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.� For the purposes of this section,
"Persian Gulf War veteran" means a person who served on active duty
after August 1, 1990, in a branch of the armed forces of the United States or a
nation or society allied with the United States or the United Nations during
Operation Desert Shield, Operation Desert Storm, or other military operation in
the Persian Gulf area combat zone as designated in United States Presidential
Executive Order No. 12744, dated January 21, 1991.
(g) For a veteran who served in the Laos
War after July 1, 1961, and before July 1, 1978, the special plates must bear
the inscription "LAOS WAR VET." �and the letters "L" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(h) For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "IRAQ WAR VET" directly below the special plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly below the special plate number;
(3) the Global War on Terrorism Expeditionary Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "GWOT VETERAN" directly below the special plate number; or
(4) the Armed Forces Expeditionary Medal, the special plates must bear an appropriate inscription that includes a facsimile of that medal.
(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "GWOT VETERAN" directly below the special plate number.� In addition, any member of the National Guard or other military reserves who has been ordered to federally funded state active service under United States Code, title 32, as defined in section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism Service Medal, is eligible for the license plate described in this paragraph, irrespective of whether that person qualifies as a veteran under section 197.447.
(j) For a veteran who is the recipient of the Korean Defense Service Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.
(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official Bronze Star medal.
(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official Silver Star medal.
Sec. 17.� Minnesota Statutes 2012, section 168.183, subdivision 1, is amended to read:
Subdivision 1.� Payment
of taxes.� All trucks,
truck-tractors, trailers and semitrailers, trucks using combination,
and buses which comply with all of the provisions of section 168.181,
subdivision 1, clause (6), but are excluded from the exemptions provided
therein solely because of the intrastate temporary nature of
their movement in this state, owned by nonresidents owning or operating
circuses, carnivals or similar amusement attractions or concessions shall
be required to comply with all laws and rules as to the payment of taxes
applicable to like vehicles owned by Minnesota residents but such,
except that nonresidents may make application to pay such the
tax for each vehicle proportionate to the number of months or fraction thereof such
the vehicles are in this state.� For
the purposes of this subdivision, buses do not include charter buses that are
considered proratable vehicles under section 168.187, subdivision 4.
Sec. 18.� Minnesota Statutes 2012, section 168.187, subdivision 17, is amended to read:
Subd. 17.� Trip
permit.� Subject to agreements or
arrangements made or entered into pursuant to subdivision 7, the commissioner
may issue trip permits for use of Minnesota highways by individual vehicles, on
an occasional basis, for periods not to exceed 120 hours in compliance with
rules promulgated pursuant to subdivision 23 and upon payment of a fee of $15.� For the purposes of this subdivision,
"on an occasional basis" means no more than one permit per vehicle
within a 30-day period, which begins the day a permit is effective.
Sec. 19.� Minnesota Statutes 2012, section 168.27, is amended by adding a subdivision to read:
Subd. 3d.� Used
vehicle parts dealer.� A used
vehicle parts dealer licensee may sell, solicit, or advertise the sale of used
parts and the remaining scrap metals, but is prohibited from selling any new or
used motor vehicles for use at retail or for resale to a dealer.
Sec. 20.� Minnesota Statutes 2012, section 168.27, subdivision 10, is amended to read:
Subd. 10.� Place of business.� (a) All licensees under this section shall have an established place of business which shall include as a minimum:
(1) For a new motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee.� The lease must be for a minimum term of one year.� The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours.� Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public;
(ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B) in effect with the first-stage manufacturer or distributor of new motor vehicles purchased from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor homes which the dealer proposes to sell, broker, wholesale, or auction;
(iii) a facility for the repair and servicing of motor vehicles and the storage of parts and accessories, not to exceed ten miles distance from the principal place of business.� The service may be provided through contract with bona fide operators actually engaged in the services;
(iv) an area either indoors or outdoors to display motor vehicles that is owned or under lease by the licensee; and
(v) a sign readily viewable by the public that clearly identifies the dealership by name.
(2) For a used motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the licensee.� The lease must be for a minimum term of one year.� The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or automatic telephone answering service during normal business hours.� Dealership business hours must be conspicuously posted on the place of doing business and readily viewable by the public;
(ii) an
area either indoors or outdoors to display motor vehicles which is owned or
under lease by the licensee; and
(iii) a sign readily viewable by the public that clearly identifies the dealership by name.
(3) For a motor vehicle lessor, the following:� a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours.� Business hours must be conspicuously posted on the place of doing business and readily viewable by the public.� The office space must be owned or under lease for a minimum term of one year by the licensee.
(4) For a motor vehicle wholesaler, the following:� a commercial office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours.� The office space must be owned or under lease for a minimum term of one year by the licensee.
(5) For a motor vehicle auctioneer, the following:� a permanent enclosed commercial building, within or without the state, on a permanent foundation, owned or under lease by the licensee.� The lease must be for a minimum term of one year.� The building must contain office space where the books, records, and files necessary to conduct the business are kept and maintained with personnel available during normal business hours or an automatic telephone answering service during normal business hours.
(6) For a motor vehicle broker, the following:� a commercial office space where books, records, and files necessary to conduct business are kept and maintained with personnel available during normal business hours, or an automatic telephone answering service available during normal business hours.� A sign, clearly identifying the motor
vehicle broker by name and listing the broker's business hours, must be posted in a location and manner readily viewable by a member of the public visiting the office space.� The office space must be owned or under lease for a minimum term of one year by the licensee.
(7) For a limited used vehicle license
holder, the following:� a commercial
office space where books, records, and files necessary to conduct nonprofit
charitable activities are kept and maintained with personnel available during
normal business hours, or an automatic telephonic answering service available
during normal business hours.� The office
space must be owned or under lease for a minimum term of one year by the
licensee.
(b) If a new or used motor vehicle dealer maintains more than one place of doing business in a county, the separate places must be listed on the application.� If additional places of business are maintained outside of one county, separate licenses must be obtained for each county.
(c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker maintains more than one permanent place of doing business, either in one or more counties, the separate places must be listed in the application, but only one license is required.� If a lessor proposes to sell previously leased or rented vehicles or if a broker proposes to establish an office at a location outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2, other than cities of the first class, the lessor or broker must obtain a license for each nonmetropolitan area county in which the lessor's sales are to take place or where the broker proposes to locate an office.
(d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not have direct access to a public road or street, any privately owned roadway providing access to a public road or street must be clearly identified and adequately maintained.
(e) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell horse trailers exclusively without obtaining an additional license.
(f) A new or used motor vehicle dealer may establish a temporary place of business outside the county where it maintains its licensed location to sell recreational vehicles exclusively without obtaining an additional license if:
(1) the dealer establishes a temporary place of business for the sale of recreational vehicles not more than four times during any calendar year;
(2) each temporary place of business other than an official county fair or the Minnesota State Fair within the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is established jointly with at least four other recreational vehicle dealers;
(3)
each temporary place of business other than an official county fair outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2,
is established jointly with at least one other recreational vehicle dealer;
(4) each establishment of a temporary place of business for the sale of recreational vehicles is for no more than 12 consecutive days; and
(5) the dealer notifies the registrar of motor vehicles of each temporary place of business for the sale of recreational vehicles.
Sec. 21.� Minnesota Statutes 2012, section 168.27, subdivision 11, is amended to read:
Subd. 11.� Dealers' licenses; location change notice; fee.� (a) Application for a dealer's license or notification of a change of location of the place of business on a dealer's license must include a street address, not a post office box, and is subject to the commissioner's approval.
(b) Upon the filing of an application for a dealer's license and the proper fee, unless the application on its face appears to be invalid, the commissioner shall grant a 90-day temporary license.� During the 90-day period following issuance of the temporary license, the commissioner shall inspect the place of business site and insure compliance with this section and rules adopted under this section.
(c) The commissioner may extend the temporary license 30 days to allow the temporarily licensed dealer to come into full compliance with this section and rules adopted under this section.
(d) In no more than 120 days following issuance of the temporary license, the dealer license must either be granted or denied.
(e) A license must be denied under the following conditions:
(1) The
license must be denied if within the previous ten years the applicant was
enjoined due to a violation of section 325F.69 or convicted of violating
section 325E.14, 325E.15, 325E.16, or 325F.69, or convicted under section
609.53 of receiving or selling stolen vehicles, or convicted of violating
United States Code, title 15, sections 1981 to 1991 or pleaded guilty, entered
a plea of nolo contendere or no contest, or has been found guilty in a court of
competent jurisdiction of any charge of failure to pay state or federal income
or sales taxes or felony charge of forgery, embezzlement, obtaining money under
false pretenses, theft by swindle, extortion, conspiracy to defraud, or
bribery.
(2) The license must also be denied if
within the previous year the applicant has been denied a dealer license.
(3) (2) A license must also be denied
if the applicant has had a dealer license revoked within the previous ten
years.
(f) If
the application is approved, the commissioner shall license the applicant as a
dealer for one year from the date the temporary license is granted and issue a
certificate of license that must include a distinguishing number of
identification of the dealer.� The
license must be displayed in a prominent place in the dealer's licensed place
of business.
(g) Each initial application for a license must be accompanied by a fee of $100 in addition to the annual fee.� The annual fee is $150.� The initial fees and annual fees must be paid into the state treasury and credited to the general fund except that $50 of each initial and annual fee must be paid into the vehicle services operating account in the special revenue fund under section 299A.705.
Sec. 22.� Minnesota Statutes 2012, section 169.011, subdivision 71, is amended to read:
Subd. 71.� School bus.� (a) "School bus" means a motor vehicle used to transport pupils to or from a school defined in section 120A.22, or to or from school-related activities, by the school or a school district, or by someone under an agreement with the school or a school district.� A school bus does not include a motor vehicle transporting children to or from school for which parents or guardians receive direct compensation from a school district, a motor coach operating under charter carrier authority, a transit bus providing services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as a type III vehicle under paragraph (h), when the vehicle is properly registered and insured and being driven by an employee or agent of a school district for nonscheduled or nonregular transportation.
(b) A school bus may be type A, type B, type C, or type D, multifunction school activity bus, or type III as provided in paragraphs (c) to (h).
(c) A "type A school bus" is a van conversion or bus constructed utilizing a cutaway front section vehicle with a left-side driver's door.� This definition includes two classifications:� type A-I, with a gross vehicle weight rating (GVWR) less than or equal to 14,500 pounds; and type A-II, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds.
(d) A "type B school bus" is constructed utilizing a stripped chassis.� The entrance door is behind the front wheels.� This definition includes two classifications:� type B-I, with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater than 10,000 pounds.
(e) A "type C school bus" is constructed utilizing a chassis with a hood and front fender assembly.� The entrance door is behind the front wheels.� A "type C school bus" also includes a cutaway truck chassis or truck chassis with cab, with or without a left side door, and with a GVWR greater than 21,500 pounds.
(f) A
"type D school bus" is constructed utilizing a stripped chassis.� The entrance door is ahead of the front
wheels.
(g) A "multifunction school activity bus" is a school bus that meets the definition of a multifunction school activity bus in Code of Federal Regulations, title 49, section 571.3.� A vehicle that meets the definition of a type III vehicle is not a multifunction school activity bus.
(h) A "type III vehicle" is
restricted to passenger cars, station wagons, vans, vehicles and
buses having a maximum manufacturer's rated seating capacity of ten or fewer
people, including the driver, and a gross vehicle weight rating of 10,000
pounds or less.� A "type III
vehicle" must not be outwardly equipped and identified as a type A, B, C,
or D school bus or type A, B, C, or D Head Start bus.� A van or bus converted to a seating capacity
of ten or fewer and placed in service on or after August 1, 1999, must have
been originally manufactured to comply with the passenger safety standards.
(i) In this subdivision, "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle.
Sec. 23.� Minnesota Statutes 2012, section 169.04, is amended to read:
169.04
LOCAL AUTHORITY.
(a) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction, and with the consent of the commissioner, with respect to state trunk highways, within the corporate limits of a municipality, or within the limits of a town in a county in this state now having or which may hereafter have, a population of 500,000 or more, and a land area of not more than 600 square miles, and within the reasonable exercise of the police power from:
(1) regulating the standing or parking of vehicles;
(2) regulating traffic by means of police officers or traffic-control signals;
(3) regulating or prohibiting processions or assemblages on the highways;
(4) designating particular highways as one-way roadways and requiring that all vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one specific direction;
(5) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the same, or designating any intersection as a stop intersection, and requiring all vehicles to stop at one or more entrances to such intersections;
(6) restricting the use of highways as authorized in sections 169.80 to 169.88.
(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6), shall be effective until signs giving notice of such local traffic regulations are posted upon and kept posted upon or at the entrance to the highway or part thereof affected as may be most appropriate.
(c)
No ordinance or regulation enacted under paragraph (a), clause (3), or any
other provision of law shall prohibit:
(1)
the use of motorcycles or vehicles utilizing flashing red lights for the
purpose of escorting funeral processions, oversize buildings, heavy equipment,
parades or similar processions or assemblages on the highways; or
(2) the use of motorcycles or vehicles
that are owned by the funeral home and that utilize flashing red lights for the
purpose of escorting funeral processions.
Sec. 24.� Minnesota Statutes 2012, section 169.18, subdivision 4, is amended to read:
Subd. 4.� Passing on the right.� The driver of a vehicle may overtake and pass upon the right of another vehicle only upon the following conditions:
(1) when the vehicle overtaken is making or about to make a left turn;
(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles;
(4) when the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.� In no event shall such movement be made by driving in a bicycle lane or onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled portion of the roadway.
Sec. 25.� Minnesota Statutes 2012, section 169.18, subdivision 7, is amended to read:
Subd. 7.� Laned highway.� When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation.� The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.
(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.
(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1.
Sec. 26.� Minnesota Statutes 2012, section 169.19, subdivision 1, is amended to read:
Subdivision 1.� Turning at intersection.� The driver of a vehicle intending to turn at an intersection shall do so as follows:
(a) Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(b) Approach for a left turn on other than one-way roadways shall be made in that portion of the right half of the roadway nearest the centerline thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered.� Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(c) Approach for a left turn from a two-way roadway into a one-way roadway shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection.
(d) A left turn from a one-way roadway into a two-way roadway shall be made from the left-hand lane and by passing to the right of the centerline of the roadway being entered upon leaving the intersection.
(e) Where both streets or roadways are one way, both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
(f) Local authorities in their respective jurisdictions may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs.
(g) Whenever it is necessary for the
driver of a motor vehicle to cross a bicycle lane adjacent to the driver's lane
of travel to make a turn, the driver shall drive the motor vehicle into the
bicycle lane prior to making the turn, and shall make the turn, yielding the
right-of-way to any vehicles approaching so close thereto as to constitute an
immediate hazard.� first signal
the movement and then yield the right-of-way to any approaching bicycles before
crossing the bicycle lane.� The driver
shall cross the bicycle lane in the manner indicated by any associated pavement
markings and signs.
Sec. 27.� Minnesota Statutes 2012, section 169.222, subdivision 2, is amended to read:
Subd. 2.� Manner
and number riding.� No bicycle,
including a tandem bicycle, cargo or utility bicycle, or trailer, shall be
used to carry more persons at one time than the number for which it is designed
and equipped, except (1) on a baby seat attached to the bicycle, provided
that the baby seat is equipped with a harness to hold the child securely in the
seat and that protection is provided against the child's feet hitting the
spokes of the wheel or (2) in a seat attached to the bicycle operator an
adult rider may carry a child in a seat designed for carrying children that is
securely attached to the bicycle.
Sec. 28.� Minnesota Statutes 2012, section 169.222, subdivision 4, is amended to read:
Subd. 4.� Riding rules.� (a) Every person operating a bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or driveway;
(3)
when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width
lanes, that make it unsafe to continue along the right-hand curb or edge.;
or
(4) when operating on the shoulder of a
roadway or in a bicycle lane.
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two abreast and shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal when necessary before overtaking and passing any pedestrian.� No person shall ride a bicycle upon a sidewalk within a business district unless permitted by local authorities.� Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe distance when overtaking a bicycle or individual proceeding in the same direction on the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.
Sec. 29.� Minnesota Statutes 2012, section 169.222, subdivision 6, is amended to read:
Subd. 6.� Bicycle
equipment.� (a) No person shall
operate a bicycle at nighttime unless the bicycle or its operator is equipped
with (1) a lamp which emits a white light visible from a distance of at least
500 feet to the front; and (2) a red reflector of a type approved by the
Department of Public Safety which is visible from all distances from 100 feet
to 600 feet to the rear when directly in front of lawful lower beams of
headlamps on a motor vehicle.� A
bicycle equipped with lamps that are visible from a distance of at least 500
feet from both the front and the rear is deemed to fully comply with this
paragraph.
(b) No person may operate a bicycle at any time when there is not sufficient light to render persons and vehicles on the highway clearly discernible at a distance of 500 feet ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be visible during the hours of darkness from 600 feet when viewed in front of lawful lower beams of headlamps on a motor vehicle.� The reflective surfaces shall include reflective materials on each side of each pedal to indicate their presence from the front or the rear and with a minimum of 20 square inches of reflective material on each side of the bicycle or its operator.� Any bicycle equipped with side reflectors as required by regulations for new bicycles prescribed by the United States Consumer Product Safety Commission shall be considered to meet the requirements for side reflectorization contained in this subdivision.
(c) A bicycle may be equipped with a front lamp that emits a white flashing signal, or a rear lamp that emits a red flashing signal, or both.
(d) A bicycle may be equipped
with tires having studs, spikes, or other protuberances designed to increase
traction.
(e) No person shall operate a bicycle
unless it is equipped with a rear brake or front and rear brakes
which will enable the operator to make the a braked wheels
wheel skid on dry, level, clean pavement.� A bicycle equipped with a direct or fixed
gear that can make the rear wheel skid on dry, level, clean pavement shall be
deemed to fully comply with this paragraph.
(f) A bicycle may be equipped with a
horn or bell designed to alert motor vehicles, other bicycles, and pedestrians
of the bicycle's presence.
(f) (g) No person shall
operate upon a highway any two-wheeled bicycle equipped with handlebars so
raised that the operator must elevate the hands above the level of the
shoulders in order to grasp the normal steering grip area.
(g) (h) No person shall operate upon a highway
any bicycle which is of such a size as to prevent the operator from stopping
the bicycle, supporting it with at least one foot on the highway surface and
restarting in a safe manner.
Sec. 30.� Minnesota Statutes 2012, section 169.34, subdivision 1, is amended to read:
Subdivision 1.� Prohibitions.� (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:
(1) on a sidewalk;
(2) in front of a public or private driveway;
(3) within an intersection;
(4) within ten feet of a fire hydrant;
(5) on a crosswalk;
(6) within 20 feet of a crosswalk at an intersection;
(7) within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
(8) between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(9) within 50 feet of the nearest rail of a railroad crossing;
(10) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;
(11) alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
(12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) upon any bridge or other elevated structure upon a highway or within a highway tunnel, except as otherwise provided by ordinance;
(14) within a bicycle lane, except when
posted signs permit parking; or
(14) (15) at any place where
official signs prohibit stopping.
(b) No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful.
(c) No person shall, for camping purposes, leave or park a travel trailer on or within the limits of any highway or on any highway right-of-way, except where signs are erected designating the place as a campsite.
(d) No person shall stop or park a vehicle on a street or highway when directed or ordered to proceed by any peace officer invested by law with authority to direct, control, or regulate traffic.
Sec. 31.� Minnesota Statutes 2012, section 169.346, is amended by adding a subdivision to read:
Subd. 1a.� Disability
parking when designated spaces occupied or unavailable.� In the event the designated disability
parking spaces are either occupied or unavailable, a vehicle bearing a valid
disability parking certificate issued under section 169.345 or license plates
for physically disabled persons under section 168.021 may park at an angle and
occupy two standard parking spaces.
Sec. 32.� Minnesota Statutes 2012, section 169.346, subdivision 2, is amended to read:
Subd. 2.� Disability parking space signs.� (a) Parking spaces reserved for physically disabled persons must be designated and identified by the posting of signs incorporating the international symbol of access in white on blue and indicating that violators are subject to a fine of up to $200.� These parking spaces are reserved for disabled persons with motor vehicles displaying the required certificate, plates, permit valid for 30 days, or insignia.
(b) For purposes of this subdivision, a parking
space that is clearly identified as reserved for physically disabled persons by
a permanently posted sign that does not meet all design standards, is
considered designated and reserved for physically disabled persons.� A sign posted for the purpose of this section
must be visible from inside a motor vehicle parked in the space, be kept clear
of snow or other obstructions which block its visibility, and be nonmovable or
only movable by authorized persons.
Sec. 33.� Minnesota Statutes 2012, section 169.443, subdivision 9, is amended to read:
Subd. 9.� Personal cellular phone call prohibition.� (a) As used in this subdivision, "school bus" has the meaning given in section 169.011, subdivision 71.� In addition, the term includes type III vehicles as defined in section 169.011, subdivision 71, when driven by employees or agents of school districts.
(b) A
school bus driver may not operate a school bus while communicating over, or
otherwise operating, a cellular phone for personal reasons, whether handheld or
hands free, when the vehicle is in motion or a part of traffic.
Sec. 34.� Minnesota Statutes 2012, section 169.447, subdivision 2, is amended to read:
Subd. 2.� Driver
seat belt.� School buses and Head
Start buses must be equipped with driver seat belts and seat belt assemblies of
the type described in section 169.685, subdivision 3.� School bus drivers and Head Start bus
drivers must use these seat belts.� A
properly adjusted and fastened seat belt, including both the shoulder and lap
belt when the vehicle is so equipped, shall be worn by the driver.
Sec. 35.� Minnesota Statutes 2012, section 169.454, subdivision 12, is amended to read:
Subd. 12.� Option.� Passenger cars and station wagons Type
III vehicles may carry fire extinguisher, first aid kit, and warning
triangles in the trunk or trunk area of the vehicle, if a label in the driver
and front passenger area clearly indicates the location of these items.
Sec. 36.� Minnesota Statutes 2012, section 169.68, is amended to read:
169.68
HORN, SIREN.
(a) Every motor vehicle when operated upon a highway must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet.� However, the horn or other warning device must not emit an unreasonably loud or harsh sound or a whistle.� The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with the horn, but shall not otherwise use the horn when upon a highway.
(b) A vehicle must not be equipped with, and a person shall not use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section.
(c) It is permissible, but not required, for any commercial vehicle to be equipped with a theft alarm signal device, so arranged that it cannot be used by the driver as an ordinary warning signal.
(d) All authorized emergency vehicles must be equipped with a siren capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type conforming to the federal certification standards for sirens, as determined by the General Services Administration.� However, the siren must not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the vehicle's approach.
(e) It is permissible, but not required,
for a bicycle to be equipped with a horn or bell designed to alert motor
vehicles, other bicycles, and pedestrians of the bicycle's presence.
Sec. 37.� Minnesota Statutes 2012, section 169.824, subdivision 2, is amended to read:
Subd. 2.� Gross vehicle weight of all axles; credit for idle reduction technology.� (a) The gross vehicle weight of all axles of a vehicle or combination of vehicles must not exceed:
(1) 80,000 pounds for any vehicle or combination of vehicles on all streets and highways, unless posted at a lower axle weight under section 169.87, subdivision 1; and
(2) 88,000 pounds for any vehicle or combination of vehicles with six or more axles while exclusively engaged in hauling livestock on all state trunk highways other than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5, paragraph (j).
(b) Notwithstanding the maximum weight
provisions of this section, and in order to promote the reduction of fuel use
and emissions, the maximum gross vehicle weight limits and the axle weight
limits for any motor vehicle subject to sections 169.80 to 169.88 and equipped
with idle reduction technology or emissions-reduction technology must be
increased by the amount of weight necessary to compensate for the weight of the
idle reduction technology or emissions-reduction technology, not to exceed 400
550 pounds.� At the request of an
authorized representative of the Department of Transportation or the Department
of Public Safety, the vehicle operator shall provide proof that the vehicle is
equipped with this technology through documentation or demonstration.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 38.� Minnesota Statutes 2012, section 171.01, subdivision 49b, is amended to read:
Subd. 49b.� Valid medical examiner's certificate.� (a) "Valid medical examiner's certificate" means a record, on a form prescribed by the department:
(1) of a medical examiner's examination of a person who holds or is applying for a class A, class B, or class C commercial driver's license;
(2) upon which the medical examiner attests that the applicant or license holder is physically qualified to drive a commercial motor vehicle; and
(3) that is not expired.
(b) A valid medical examiner's
certificate must be issued by a medical examiner who is certified by the
Federal Motor Carrier Administration and listed on the National Registry of
Certified Medical Examiners.
EFFECTIVE
DATE.� The section is
effective May 1, 2014.
Sec. 39.� Minnesota Statutes 2012, section 171.07, subdivision 3a, is amended to read:
Subd. 3a.� Identification
cards for seniors.� A Minnesota
identification card issued to an applicant 65 years of age or over shall be of
a distinguishing color and plainly marked "senior." �The fee for the card issued to an applicant 65
years of age or over shall be one-half the required fee for a class D driver's
license rounded down to the nearest quarter dollar.� A Minnesota identification card or a Minnesota
driver's license issued to a person 65 years of age or over shall be valid
identification for the purpose of qualifying for reduced rates, free licenses
or services provided by any board, commission, agency or institution that is
wholly or partially funded by state appropriations.� This subdivision does not apply to an
enhanced identification card issued to an applicant age 65 or older.
Sec. 40.� Minnesota Statutes 2012, section 171.07, subdivision 4, is amended to read:
Subd. 4.� Expiration.� (a) Except as otherwise provided in this subdivision, the expiration date of Minnesota identification cards of applicants under the age of 65 shall be the birthday of the applicant in the fourth year following the date of issuance of the card.
(b) A Minnesota identification cards
card issued to applicants an applicant age 65 or over
older shall be valid for the lifetime of the applicant, except that
for the purposes of this paragraph, "Minnesota identification card"
does not include an enhanced identification card issued to an applicant age 65
or older.
(c) The expiration date for an Under-21 identification card is the cardholder's 21st birthday.� The commissioner shall issue an identification card to a holder of an Under-21 identification card who applies for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines that the applicant is not qualified for the identification card.
Sec. 41.� Minnesota Statutes 2012, section 174.02, is amended by adding a subdivision to read:
Subd. 2a.� Transportation
ombudsperson.� (a) The
commissioner shall appoint a person to the position of transportation
ombudsperson.� The transportation
ombudsperson reports directly to the commissioner.� The ombudsperson must be selected without
regard to political affiliation and must be qualified to perform the duties
specified in this subdivision.
(b) Powers and duties of the
transportation ombudsperson include, but are not limited to:
(1) providing a neutral, independent
resource for dispute and issue resolution between the department and the
general public where another mechanism or forum is not available;
(2) gathering information about
decisions, acts, and other matters of the department;
(3) providing information to the
general public;
(4) facilitating discussions or
arranging mediation when appropriate; and
(5) maintaining and monitoring
performance measures for the ombudsperson program.
(c) The transportation ombudsperson may
not hold another formal position within the department.� The transportation ombudsperson may not
impose a complaint fee.
Sec. 42.� Minnesota Statutes 2012, section 174.03, subdivision 1d, is amended to read:
Subd. 1d.� Freight rail economic development study.� (a) The commissioner of transportation, in cooperation with the commissioner of the Department of Employment and Economic Development, shall conduct a freight rail economic development study.� The study will assess the economic impact of freight railroads in the state and identify opportunities to expand business development and enhance economic competitiveness through improved utilization of freight rail options.� Findings from the study shall be incorporated as an amendment to the statewide freight and passenger rail plan.
(b) The
commissioner of transportation shall provide an interim progress report on the
study by January 15, 2013, and a final report on September 1 November
15, 2013, to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance and over
employment and economic development.� The
reports shall include any recommended legislative initiatives.
(c) The commissioner of transportation may expend up to $216,000 in fiscal year 2013 under section 222.50, subdivision 7, to pay the costs of this study and report.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 43.� [174.187]
MADE IN MINNESOTA SOLAR INSTALLATIONS.
Subdivision 1.� Definition.� (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Made in Minnesota" means
the manufacture in this state of solar photovoltaic modules:
(1) at a manufacturing facility located
in Minnesota that is registered and authorized to manufacture and apply the UL
1703 certification mark to solar photovoltaic modules by Underwriters
Laboratory (UL), CSA International, Intertek, or an equivalent UL-approved
independent certification agency;
(2) that bear UL 1703 certification
marks from UL, CSA International, Intertek, or an equivalent UL-approved
independent certification agency, which must be physically applied to the
modules at a manufacturing facility described in clause (1); and
(3) that are manufactured in Minnesota:
(i) via manufacturing processes
that must include tabbing, stringing, and lamination; or
(ii) by interconnecting low-voltage
direct current photovoltaic elements that produce the final useful photovoltaic
output of the modules.
(c) "Solar photovoltaic
module" has the meaning given in section 116C.7791, subdivision 1,
paragraph (e).
Subd. 2.� Made
in Minnesota solar energy system requirement.� Notwithstanding any other law to the contrary,
if the commissioner engages in any project for the construction, improvement,
maintenance, or repair of any building, highway, road, bridge, or land owned or
controlled by the department and the construction, improvement, maintenance, or
repair involves installation of one or more solar photovoltaic modules, the
commissioner must ensure that the solar photovoltaic modules purchased and
installed are made in Minnesota as defined in subdivision 1, paragraph (b).
Subd. 3.� Application.� Subdivision 2 does not apply if, as a
condition of the receipt of federal financial assistance for a specific
project, the commissioner is required to use a procurement method that might
result in the award of a contract to a
manufacturer that does not meet the "Made in Minnesota" criteria
established in subdivision 1, paragraph (b).
Sec. 44.� Minnesota Statutes 2012, section 174.24, subdivision 5a, is amended to read:
Subd. 5a.� Method
of payment, nonoperating assistance.�
(a) Payments for planning and engineering design, eligible
capital assistance, operating assistance, and other eligible assistance
for public transit services furthering the purposes of section 174.21,
excluding operating assistance, shall be made as provided in paragraph
(b) and in an appropriate manner as determined by the commissioner.
(b) The commissioner shall make payments
for operating assistance quarterly.� The
first quarterly payment for operating assistance must be made no later than the
last business day of the first month of the contract.
Sec. 45.� [174.45]
PUBLIC-PRIVATE PARTNERSHIPS; JOINT PROGRAM OFFICE.
The commissioner may establish a joint
program office to oversee and coordinate activities to develop, evaluate, and
implement public-private partnerships involving public infrastructure
investments.� At the request of the
commissioner of transportation, the commissioner of Minnesota Management and
Budget, the commissioner of employment and economic development, the executive
director of the Public Facilities Authority, and other state agencies shall
cooperate with and provide assistance to the commissioner of transportation for
activities related to public-private partnerships involving public
infrastructure investments.
Sec. 46.� Minnesota Statutes 2012, section 174.632, is amended to read:
174.632
PASSENGER RAIL; COMMISSIONER'S DUTIES.
Subdivision 1.� Definition.� "Passenger rail" means
intercity rail passenger transportation as defined in United States Code, title
49, section 24102 (4).
Subd. 2.� Responsibilities.� (a) The planning, design, development, construction, operation, and maintenance of passenger rail track, facilities, and services are governmental functions, serve a public purpose, and are a matter of public necessity.
(b) The commissioner is responsible for all aspects of planning, designing, developing, constructing, equipping, operating, and maintaining passenger rail, including system planning, alternatives analysis, environmental studies, preliminary engineering, final design, construction, negotiating with railroads, and developing financial and operating plans.
(c)
The commissioner may enter into a memorandum of understanding or agreement with
a public or private entity, including Amtrak, a regional railroad
authority, a joint powers board, and a railroad, to carry out these activities.
Sec. 47.� Minnesota Statutes 2012, section 174.636, is amended to read:
174.636
PASSENGER RAIL; EXERCISE OF POWER.
Subdivision 1.� Powers.� (a) The commissioner has all
powers necessary to carry out the duties specified in section 174.632.� In the exercise of those powers, the
commissioner may:
(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law, all land and property necessary to preserve future passenger rail corridors or to construct, maintain, and improve passenger rail corridors;
(2) let all necessary contracts as provided by law; and
(3) make agreements with and cooperate
with any governmental authority public or private entity,
including Amtrak, to carry out statutory duties related to passenger rail.
Subd. 2.� Consultation.� (b) The commissioner shall consult
with metropolitan planning organizations and regional rail authorities in areas
where passenger rail corridors are under consideration to ensure that passenger
rail services are integrated with existing rail and transit services and other
transportation facilities to provide as nearly as possible connected,
efficient, and integrated services.
Subd. 3.� Authority
to contract; liability.� (a)
The commissioner, or a public entity contracting with the commissioner, may
contract with a railroad as defined in Code of Federal Regulations, title 49,
section 200.3(i), for the joint or shared use of the railroad's right-of-way or
the construction, operation, or maintenance of rail track, facilities, or
services for passenger rail purposes.� Notwithstanding
section 3.732, subdivision 1, clause (2), or 466.01, subdivision 6, sections
466.04 and 466.06 govern the liability of a Class I railroad and its employees
arising from the joint or shared use of the railroad right-of-way or the
provision of passenger rail construction, operation, or maintenance services
pursuant to the contract.� Notwithstanding
any law to the contrary, a contract with a Class I railroad for any passenger
rail service, or joint or shared use of the railroad's right-of-way, may also
provide for the allocation of financial responsibility, indemnification, and
the procurement of insurance for the parties for all types of claims or damages.
(b) State passenger rail operations or a contract entered into under this section shall be subject to the Federal Employers Liability Act, United States Code, title 45, section 51 et seq.; federal railroad safety laws under United States Code, title 49, section 20101 et seq.; the Railway Labor Act, United States Code, title 45, section 151 et seq.; and the Railroad Retirement Act, United States Code, title 45, section 231 et seq.�
Subd. 4.� Public
hearings.� The commissioner
shall hold public hearings as required by federal requirements.
Sec. 48.� Minnesota Statutes 2012, section 219.17, is amended to read:
219.17
UNIFORM WARNING SIGNS.
The
commissioner by rule shall require that uniform warning signs be placed at
grade crossings.� There must be at least
three are four distinct types of uniform warning signs:� a home crossing crossbuck sign,
for use in the immediate vicinity of the crossing; an approach crossing advance
warning sign, to indicate the approach to a grade crossing; a yield sign
with the word "yield" plainly appearing on it; and, when deemed
necessary and instead of a yield sign, a stop sign with the word
"stop" plainly appearing on it, to indicate that persons on the
highway approaching the crossing, whether in vehicles or otherwise, must come
to a stop before proceeding over the grade crossing.
Sec. 49.� Minnesota Statutes 2012, section 219.18, is amended to read:
219.18
RAILROAD TO ERECT SIGN.
At
each grade crossing established after April 23, 1925 and where and when
crossing signs existing as of April 24, 1925 are replaced, the railway
company operating the railroad at that crossing shall erect and maintain one or
more uniform home crossing crossbuck signs.� The signs must be on each side of the
railroad tracks and within 75 50 feet from the nearest rail,
or at a distance greater than 50 feet as determined by the commissioner.
Sec. 50.� Minnesota Statutes 2012, section 219.20, is amended to read:
219.20
STOP SIGN; YIELD SIGN.
Subdivision 1.� When installation required; procedure.� At each grade crossing not equipped with flashing lights or flashing lights and gates where, because of the dangers attendant upon its use, the reasonable protection of life and property makes it necessary for persons approaching the crossing to stop or yield before crossing the railroad tracks, stop signs or yield signs must be installed.� When the government entity responsible for a road that crosses a railroad track deems it necessary to install stop signs or yield signs at that crossing, it shall petition the commissioner to order the installation of the stop signs or yield signs.� The commissioner shall respond to the petition by investigating the conditions at the crossing to determine whether stop signs or yield signs should be installed at the crossing.� On determining, after an investigation following a petition from a governmental agency or subdivision or on the commissioner's own motion, that stop signs or yield signs should be installed at a crossing, the commissioner shall designate the crossing as a stop crossing or yield crossing and shall notify the railway company operating the railroad at the crossing of this designation.� Within 30 days after notification, the railway company shall erect the uniform stop crossing signs or yield crossing signs in accordance with the commissioner's order.
Subd. 2.� Stopping distances.� When a stop sign or a yield sign has been erected at a railroad crossing, the driver of a vehicle approaching a railroad crossing shall stop or yield within 50 feet, but not less than ten feet, from the nearest track of the crossing and shall proceed only upon exercising due care.
Sec. 51.� Minnesota Statutes 2012, section 221.0314, subdivision 2, is amended to read:
Subd. 2.� Qualification
of driver.� Code of Federal Regulations,
title 49, part 391 and appendixes D and E, are incorporated by reference except
for sections 391.2; 391.11, paragraph (b)(1); 391.47; 391.49; 391.62; 391.64;
391.67; 391.68; and 391.69.� In addition,
cross-references to sections or paragraphs not incorporated in this subdivision
are not incorporated by reference.� For
medical examinations conducted on and after May 21, 2014, the term
"medical examiner" as used in this section and in the rules adopted
under this section means an individual certified by the Federal Motor Carrier
Safety Administration and listed on the National Registry of Certified Medical
Examiners.
Sec. 52.� Minnesota Statutes 2012, section 221.0314, subdivision 3a, is amended to read:
Subd. 3a.� Waiver
for other medical condition.� (a) The
commissioner may grant a waiver to a person who is not physically qualified to
drive under Code of Federal Regulations, title 49, section 391.41, paragraph
(b)(3) to (b)(13) paragraph (b)(3), (b)(10), or (b)(11).� A waiver granted under this subdivision
applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive under the waiver that are designed to accommodate the applicant's medical condition or disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's report and medical examiner's certificate showing that the applicant is medically unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course of treatment prescribed by the physician, including the ability to self-monitor or manage the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not adversely affect the applicant's ability to operate a commercial motor vehicle safely; and
(10) any other information considered necessary by the commissioner including requiring a physical examination or medical report from a physician who specializes in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose conditions the commissioner considers necessary to ensure that an applicant is able to operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from the person's treating physician, or a medical specialist if the commissioner so requires in the waiver, that contain the information described in paragraph (b), clause (9), together with a description of any episode that involved the person's loss of consciousness or loss of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is required under section 169.09, subdivision 7.
(e) The commissioner shall deny an
application if, during the three years preceding the application:
(1) the applicant's driver's license
has been suspended under section 171.18, paragraph (a), clauses (1) to (9),
(11), and (12), canceled under section 171.14, or revoked under section 171.17,
171.172, or 171.174;
(2) the applicant has been convicted of
a violation under section 171.24; or
(3)
the applicant has been convicted of a disqualifying offense, as defined in Code
of Federal Regulations, title 49,
(f) (e) The commissioner may deny an
application or may immediately revoke a waiver granted under this
subdivision.� Notice of the
commissioner's reasons for denying an application or for revoking a waiver must
be in writing and must be mailed to the applicant's or waiver holder's last
known address by certified mail, return receipt requested.� A person whose application is denied or whose
waiver is revoked is entitled to a hearing under chapter 14.
(g) (f) A waiver granted
under this subdivision expires on the date of expiration shown on the medical
examiner's certificate described in paragraph (b), clause (8).
Sec. 53.� CONVEYANCE
OF STATE LAND; KOOCHICHING COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 16B.281 to 16B.287, 92.45, 161.43, 161.44 and 222.63, or any other law
to the contrary, the commissioner of transportation may convey and quitclaim to
a private party all right, title, and interest of the state of Minnesota, in
the land described in paragraph (d).
(b) The conveyance must be in a form approved
by the attorney general.� The attorney
general may make changes to the land description to correct errors and ensure
accuracy.� The conveyance may take place
only upon conditions as determined by the commissioner of transportation.
(c) No direct access shall be permitted
between marked Trunk Highway 71 and the lands to be conveyed.
(d) The land to be conveyed is located
in Koochiching County and is described as follows:
That part of Tract A described below:
Tract A.� All that portion of the Burlington Northern
Railroad Company's (formerly Northern Pacific Railway Company) former 400.0
foot wide Station Ground Property at Grand Falls, Minnesota, lying within a
distance of 300.0 feet northwesterly of said Railroad Company's former main
track centerline upon, over, and across the Northwest Quarter of the Southwest
Quarter, the Northwest Quarter of the Northeast Quarter of the Southwest
Quarter, the Southeast Quarter of the Southwest Quarter of the Northwest
Quarter, and the Southeast Quarter of the Northwest Quarter of Section 36,
Township 155 North, Range 25 West, Koochiching County, Minnesota;
which lies southerly of Line 1
described below:
Line 1.�
Commencing at a point on the north line of the Northeast Quarter of said
Section 36, distant 466.0 feet easterly of the northwest corner thereof; thence
southwesterly at an angle of 56 degrees 41 minutes from said north line
(measured from west to south) for 458.6 feet; thence deflect to the right on a
01 degree 00 minute curve, delta angle 13 degrees 08 minutes, for 1313.3 feet;
thence on tangent to said curve for 1500.0 feet; thence deflect to the left at
an angle of 90 degrees 00 minutes for 200 feet to the point of beginning of
Line 1 to be described; thence deflect to the left at an angle of 90 degrees 00
minutes for 1500.0 feet; thence deflect to the right at an angle of 90 degrees
00 minutes for 200 feet and there terminating;
containing 16.45 acres, more or less,
of which 0.55 acres is contained within a public road (Koochiching County
State-Aid Highway 31).
(e) The conveyance in this section is
subject to the following restrictions:
(1) the right of way of the public road
(Koochiching County State-Aid Highway 31 as now located and established)
running along the east and west quarter line of said Section 36; and
(2) no access shall be
permitted to marked Trunk Highway 71 or to remaining rail bank lands in said
Section 36 from the lands conveyed in this section; except that access shall be
permitted by way of said Koochiching County State-Aid Highway 31.
Sec. 54.� CONVEYANCE
OF STATE LAND; LE SUEUR COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 16B.281 to 16B.287, 92.45, 161.43, and 161.44, or any other law to the
contrary, the commissioner of transportation may convey and quitclaim to a
private party all right, title, and interest of the state of Minnesota, in the
land described in paragraph (e).� The
consideration for a conveyance shall be the cost of planning, designing,
acquiring, constructing, and equipping a comparable rest area facility.
(b) Proceeds from the sale of real
estate or buildings under this section shall be deposited in the safety rest
area account established in Minnesota Statutes, section 160.2745.
(c) The conveyance must be in a form
approved by the attorney general.� The
attorney general may make changes to the land description to correct errors and
ensure accuracy.� The conveyance may take
place only upon conditions determined by the commissioner of transportation.
(d)
No direct access shall be permitted between marked Trunk Highway 169 and the
land conveyed under this section.
(e) The land to be conveyed is located
in Le Sueur County and is described as tracts A, B, and C:
Tract A consists of that part of the West
Half of the Southeast Quarter of Section 19, Township 112 North, Range 25 West,
Le Sueur County, Minnesota, lying southeasterly of the southeasterly
right-of-way line of marked Trunk Highway 169 as the same was located prior to
January 1, 1990, and northerly of the northerly right-of-way line of old marked
Trunk Highway 169 (now known as County State-Aid Highway 28); excepting
therefrom that part thereof lying southwesterly of the following described
line:� From a point on the east line of
said Section 19, distant 1273 feet north of the east quarter corner thereof,
run southwesterly at an angle of 37 degrees 47 minutes 00 seconds from said
east section line (measured from south to west) for 3332.5 feet; thence deflect
to the right on a 01 degree 00 minute 00 second curve (delta angle 40 degrees
11 minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the
point of beginning of the line to be described; thence deflect to the left at
an angle of 90 degrees 00 minutes 00 seconds to the tangent of said curve at
said point for 1000 feet and there terminating.
Tract
B consists of that part of the East Half of the Southeast Quarter of Section
19, Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying
southerly of the southeasterly right-of-way line of marked Trunk Highway 169 as
located prior to January 1, 1990, northerly of the northerly right-of-way line
of old marked Trunk Highway 169 (now known as County State-Aid Highway 28) and
westerly of the following described line:�
From a point on the east line of said Section 19, distant 1273 feet
north of the East Quarter corner thereof, run southwesterly at an angle of 37
degrees 47 minutes 00 seconds from said east section line (measured from south
to west) for 2318 feet to the point of beginning of the line to be described;
thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for
400 feet; thence deflect to the right at an angle of 43 degrees 00 minutes 00
seconds for 1100 feet and there terminating.
Tract C consists of that part of the
Southwest Quarter of the Southeast Quarter of Section 19, Township 112 North,
Range 25 West, Le Sueur County, Minnesota, lying southeasterly of marked Trunk
Highway 169 as located prior to January 1, 1971, and northwesterly of old
marked Trunk Highway 169 (now known as County State-Aid Highway 28) and southwesterly
of the following described line:� From a
point on the east line of said Section 19, distant 1273 feet north of the East
Quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes
00 seconds with said east section line for 3332.5 feet; thence deflect to the
right on a 01 degree 00 minute 00 second
curve (delta angle 40 degrees
11 minutes 00 seconds) having a length of 4018.3 feet for 133.6 feet to the
point of beginning of the line to be described; thence deflect to the left at
an angle of 90 degrees 00 minutes 00 seconds with the tangent of said curve at
said point for 1000 feet and there terminating.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 55.� LEGISLATIVE
ROUTE NO. 235 REMOVED.
(a) Minnesota Statutes, section
161.115, subdivision 166, is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and
the governing body of Otter Tail County to transfer jurisdiction of Legislative
Route No. 235 and notifies the revisor of statutes under paragraph (b).
(b) The revisor of statutes shall
delete the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 56.� LEGISLATIVE
ROUTE NO. 256 REMOVED.
(a) Minnesota Statutes, section
161.115, subdivision 187, is repealed effective the day after the commissioner
of transportation receives a copy of the agreement between the commissioner and
the governing body of Blue Earth County to transfer jurisdiction of Legislative
Route No. 256 and notifies the revisor of statutes under paragraph (b).
(b) The revisor of statutes shall
delete the route identified in paragraph (a) from Minnesota Statutes when the
commissioner of transportation sends notice to the revisor electronically or in
writing that the conditions required to transfer the route have been satisfied.
Sec. 57.� REPEALER.
(a) Minnesota Statutes 2012, section
168.094, is repealed.
(b) Minnesota Statutes 2012, section
174.24, subdivision 5, is repealed.
(c) Minnesota Rules, part 8820.3300,
subpart 2, is repealed.
(d) Minnesota Rules, part 8835.0330, subpart
2, is repealed.
Sec. 58.� EFFECTIVE
DATE.
Except as provided otherwise, this act
is effective August 1, 2013."
����� Delete
the title and insert:
����� "A bill for an act relating to transportation; amending various provisions related to transportation policy, including logo sign program, trunk highway routes, state-aid systems, motor vehicle registration, license plates, vehicle dealers, pupil transportation, traffic regulations, bicycles, parking, motor vehicle equipment, driver licensing, agency organization, commercial vehicle regulations, railroads, land conveyance, and snow removal; repealing laws; amending Minnesota Statutes 2012, sections 160.21, subdivision 6; 160.80, subdivisions 1, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision; 161.1231, subdivision 8; 161.14, by adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 169.011, subdivision 71; 169.04; 169.18, subdivisions 4, 7; 169.19,
subdivision 1; 169.222, subdivisions 2, 4, 6; 169.34, subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.68; 169.824, subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 174.02, by adding a subdivision; 174.03, subdivision 1d; 174.24, subdivision 5a; 174.632; 174.636; 219.17; 219.18; 219.20; 221.0314, subdivisions 2, 3a; proposing coding for new law in Minnesota Statutes, chapter 174; repealing Minnesota Statutes 2012, sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300, subpart 2; 8835.0330, subpart 2."
����� The
motion prevailed and the amendment was adopted.
Runbeck moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 5, line 17, before "Fees" insert "(a)"
Page 5, line 19, strike "appropriated to" and insert "for" and delete ":� (1)"
Page 5, lines 20 to 21, delete the new language and reinstate the stricken language
Page 5, after line 21, insert:
"(b) An amount equal to the total
costs identified for the purposes specified in paragraph (a) in a fiscal year
is annually appropriated from the account to the commissioner for those
purposes.
(c) Annually on or after July 1, the
commissioner shall identify a surplus amount that equals the balance remaining
in the account, if any, at the close of the previous fiscal year.� Annually, if a surplus amount is identified,
the commissioner shall, on or before August 1, reduce the fees imposed for
parking in the parking facilities in a manner such that the resulting reduction
in revenues to the account for that fiscal year is estimated to equal the
surplus amount identified.� Nothing in
this paragraph prevents an increase in fees in order to match total costs for
the purposes specified in paragraph (a).
EFFECTIVE DATE.� This section is effective the day following final enactment."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Runbeck
amendment and the roll was called.� There
were 52 yeas and 73 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Wills
Woodard
Zerwas
���������� Those who voted in the negative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Cornish moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 5, after line 28, insert:
"Sec. 10.� Minnesota Statutes 2012, section 161.32, is amended by adding a subdivision to read:
Subd. 8.� Addenda.� For a bid advertised under subdivisions 1, 3, or 4, the commissioner may establish one or more addenda to the bid, but may not add an addendum less than 24 hours prior to the deadline for submission of a bid.� The commissioner shall identify addenda on the department's Web site and as part of the bidding process."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The
motion prevailed and the amendment was adopted.
McDonald moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 8, after line 27, insert:
"Sec. 16.� Minnesota Statutes 2012, section 168.12, subdivision 5, is amended to read:
Subd. 5.� Additional
fee.� (a) In addition to any fee
otherwise authorized or any tax otherwise imposed upon any vehicle, the payment
of which is required as a condition to the issuance of any a
plate or plates, the commissioner shall impose the fee specified in
paragraph (b) that is calculated to cover the cost of manufacturing and issuing
the plate or plates, except for plates issued to disabled veterans as
defined in section 168.031 and plates issued pursuant to section 168.124,
168.125, or 168.27, subdivisions 16 and 17, for passenger automobiles.� The commissioner shall issue graphic design
plates only for vehicles registered pursuant to section 168.017 and
recreational vehicles registered pursuant to section 168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the following plate and validation sticker fees apply for the original, duplicate, or replacement issuance of a single plate in a plate year:
License Plate |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Regular and Disability |
|
|
$4.50 |
|
|
|
Special |
|
|
$8.50 |
|
|
|
Personalized (Replacement) |
|
|
$10.00 |
|
|
|
Collector Category |
|
|
$13.50 |
|
|
|
Emergency Vehicle Display |
|
|
$3.00 |
|
|
|
Utility Trailer Self-Adhesive |
|
|
$2.50 |
|
|
|
Vertical Motorcycle Plate |
|
|
$100.00 |
|
|
|
|
|
|
|
|
|
Stickers |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duplicate year |
|
|
$1.00 |
|
|
|
International Fuel Tax Agreement |
|
|
$2.50 |
|
|
(c) For vehicles that require two of the categories above, the registrar shall only charge the higher of the two fees and not a combined total.
EFFECTIVE DATE.� This section is effective the day following final enactment, and applies to registration periods starting on or after January 1, 2014."
Page 24, after line 20, insert:
"Sec. 38.� Minnesota Statutes 2012, section 169.79, is amended to read:
169.79
VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES PLATE.
Subdivision 1.� Registration
required.� No person shall operate,
drive, or park a motor vehicle on any highway unless the vehicle is registered
in accordance with the laws of this state and has the number plates plate
or permit confirming that valid registration or operating authority has been
obtained, except as provided in sections 168.10 and 168.12, subdivision 2f, as
assigned to it by the commissioner of public safety, conspicuously displayed thereon
in a manner that the view of any the plate or permit is not
obstructed.� A plate issued under section
168.27 or a permit issued under chapter 168 may be displayed on a vehicle in
conjunction with expired registration whether or not it displays the license
plate to which the last registration was issued.
Subd. 2.� Semitrailer.� If the vehicle is a semitrailer, the number plate displayed must be assigned to the registered owner and correlate to the documentation on file with the department.
Subd. 3.� Rear display of single plate.� If the vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one license plate must be displayed horizontally or vertically, for a motorcycle issued vertical license plates under section 168.12, subdivision 2a, with the identifying numbers and letters facing outward from the vehicle and must be mounted on the rear of the vehicle.
Subd. 3a.� Small trailer.� If the vehicle is a trailer with 3,000 pounds or less GVW with lifetime registration, the numbered plate or sticker must be adhered to the side of the trailer frame tongue near the hitch.
Subd. 4.� Collector's
vehicle.� If the vehicle is (1) a
collector's vehicle with a pioneer, classic car, collector, or street rod
license; (2) a vehicle that meets the requirements of a pioneer, classic, or
street rod vehicle except that the vehicle is used for general transportation
purposes; or (3) a vehicle that is of model year 1972 or earlier, not
registered under section 168.10, subdivision 1c, and is used for general
transportation purposes, then one plate must be displayed on the rear of the
vehicle, or one plate on the front and one on the rear, at the discretion of
the owner.
Subd. 5.� Truck-tractor, road-tractor, or farm truck.� If the vehicle is a truck-tractor, road-tractor, or farm truck, as defined in section 168.002, subdivision 8, but excluding from that definition semitrailers and trailers, then one plate must be displayed on the front of the vehicle.
Subd. 6.� Other
Motor vehicles generally.� If
the motor vehicle is any kind of motor vehicle other than those provided for in subdivisions 2 to 4 subdivision
5, one plate must be displayed on the front and one on the rear of
the vehicle.
Subd. 7.� Plate fastened and visible.� All plates must be (1) securely fastened so as to prevent them from swinging, (2) displayed horizontally with the identifying numbers and letters facing outward from the vehicle, and (3) mounted in the upright position.� The person driving the motor vehicle shall keep the plate legible and unobstructed and free from grease, dust, or other blurring material so that the lettering is plainly visible at all times.� It is unlawful to cover any assigned letters and numbers or the name of the state of origin of a license plate with any material whatever, including any clear or colorless material that affects the plate's visibility or reflectivity.
Subd. 8.� Plate
registration stickers.� As viewed
facing the plates plate:
(a) License plates (1) a license
plate issued to vehicles registered under section 168.017 must display the
month of expiration in the lower left corner
of each plate and the year of expiration in the lower right corner of each
the plate.;
(b) License plates (2) a license
plate issued to vehicles registered under section 168.127 must display
either fleet registration validation stickers in the lower right corner of each
the plate or a distinctive license plates plate,
issued by the registrar, with "FLEET REG" displayed on the bottom
center portion of each the plate.; and
(c) License plates issued after July 1,
2008, (3) a license plate requiring validation must display the
month of expiration in the lower left corner of each plate and the year
of expiration in the lower right corner of the plate.
Subd. 9.� Tax-exempt
vehicle marking.� Vehicles displaying
a tax-exempt plates plate issued under section 16B.581 or
168.012 must have vehicle markings that comply with section 168.012,
subdivision 1.
Subd. 10.� Single plate transition.� A person may display a plate on the front of a vehicle if the plate bears valid registration stickers, as provided under subdivision 8 or as provided under subdivision 5."
Page 36, after line 21, insert:
"Sec. 59.� REVISOR'S
INSTRUCTION.
(a) For Minnesota Statutes 2012, the
revisor of statutes shall change terms where it appears in Minnesota Statutes,
chapters 97B, 168, 168A, 168D, 169, 169A, 297B, and 325E, as follows:
(1) "plates" must be changed
to "plate," "a plate," or "the plate," as
appropriate;
(2) "set of plates" must be
changed to "plate," "a plate," or "the plate," as
appropriate; and
(3)
"disability plates" must be changed to "disability plate,"
"a disability plate," or "the disability plate," as
appropriate.
(b) The revisor of statutes
shall make conforming changes as necessary to implement the change in terms
under paragraph (a), including but not limited to use of a singular instead of
plural article or demonstrative pronoun.
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.
����� The Speaker called Simon to the Chair.
Garofalo moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 26, after line 9, insert:
"Sec. 41.� Minnesota Statutes 2012, section 171.12, subdivision 6, is amended to read:
Subd. 6.� Certain convictions not recorded.� (a) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of the speed limit.
(b) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the violation consisted of a speed greater than:
(1) ten miles per hour in excess of the speed limit, for any violation occurring on or after August 1, 2012, and before August 1, 2014; or
(2) five miles per hour in excess of the speed limit, for any violation occurring on or after August 1, 2014.
(c) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.
(d) Except as provided in paragraph (c),
the department shall not keep on the record of a driver any conviction for a
violation of a speed limit on marked Interstate 35E in the city of St. Paul,
from its intersection with West Seventh Street to its intersection with marked
Interstate Highway 94, unless the violation consists of a speed greater than
ten miles per hour in excess of the speed limit.
EFFECTIVE DATE.� This section is effective August 1, 2013, and applies to violations committed on or after that date."
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.
Nornes moved to amend S. F. No. 1270, the second engrossment, as amended.
Nornes requested a division of his amendment to S. F. No. 1270, the second engrossment, as amended.
The first portion of the Nornes amendment to S. F. No. 1270, the second engrossment, as amended, reads as follows:
Page 17, after line 23, insert:
"Sec. 24.� Minnesota Statutes 2012, section 169.14, subdivision 2, is amended to read:
Subd. 2.� Speed limits.� (a) Where no special hazard exists the following speeds shall be lawful, but any speeds in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful; except that the speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall be unlawful:
(1) 30 miles per hour in an urban district;
(2) 65 miles per hour on noninterstate expressways, as defined in section 160.02, subdivision 18b, and noninterstate freeways, as defined in section 160.02, subdivision 19;
(3) 55 60 miles per hour in
locations other than those specified in this section;
(4) 70 miles per hour on interstate highways outside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the commissioner of transportation;
(5) 65 miles per hour on interstate highways inside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the commissioner of transportation;
(6) ten miles per hour in alleys;
(7) 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction over the residential roadway; and
(8) 35 miles per hour in a rural residential district if adopted by the road authority having jurisdiction over the rural residential district.
(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the residential roadway on which the speed limit applies.
(c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the rural residential district for the roadway on which the speed limit applies.
(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person who violates a speed limit established in this subdivision, or a speed limit designated on an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles per hour or more in excess of the applicable speed limit, is assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, but not less than $25.
EFFECTIVE DATE.
� This section is effective upon the placement of conforming signs designating the speed specified in this section by the commissioner of transportation on affected trunk highways and by local authorities on affected streets and highways under their jurisdictions.� The placement of conforming signs must occur during the ordinary course of placement and replacement of signs, but must be completed before January 1, 2025."Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the first portion
of the Nornes amendment to S. F. No. 1270, the second
engrossment, as amended, was
adopted.
����� Nornes withdrew the second portion of his amendment to S. F. No. 1270, the second engrossment, as amended.
Freiberg moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 18, line 1, delete the new text and insert ":� (i)"
Page 18, line 2, before the period, insert
"; or (ii) in a bicycle lane, unless there is only one traffic lane in
the direction of the passing vehicle, the
vehicle to be overtaken is making or about to make a left turn, and it is safe
to do so"
����� The
motion did not prevail and the amendment was not adopted.
����� Abeler was excused for the remainder of
today's session.
Benson, M., moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 19, line 15, after "(g)" insert "Except as provided in paragraph (h),"
Page 19, lines 16 to 18, reinstate the stricken language
Page 19, line 19, reinstate the stricken language, and after the period, insert:
"(h) In a city of the first class located in a metropolitan county, as defined in section 473.121, subdivision 4, whenever it is necessary for the driver of a motor vehicle to cross a bicycle lane adjacent to the driver's lane of travel to make a turn, the driver shall"
����� A roll call was requested and properly
seconded.
����� The question was taken on the Benson, M.,
amendment and the roll was called.� There
were 57 yeas and 68 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
McNamara
Metsa
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
����� The motion did not prevail and the
amendment was not adopted.
Urdahl moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 26, after line 9, insert:
"Sec. 41.� Minnesota Statutes 2012, section 171.12, subdivision 6, is amended to read:
Subd. 6.� Certain convictions not recorded.� (a) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of the speed limit.
(b) Except as provided in paragraph (c), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the violation consisted of a speed greater than:
(1) ten miles per hour in excess of the
speed limit, for any violation occurring on or after August 1, 2012, and before
August 1, 2014 2015; or
(2) five miles per hour in excess of the
speed limit, for any violation occurring on or after August 1, 2014 2015.
(c) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle."
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 Urdahl amendment and the
roll was called.� There were 79 yeas and
45 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
FitzSimmons
Franson
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Holberg
Hoppe
Howe
Isaacson
Johnson, B.
Kieffer
Kiel
Kresha
Laine
Leidiger
Lien
Lohmer
Mack
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward, J.A.
Ward, J.E.
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hornstein
Hortman
Huntley
Johnson, C.
Johnson, S.
Kahn
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
McNamar
Moran
Morgan
Murphy, E.
Nelson
Newton
Norton
Paymar
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Winkler
Yarusso
Spk. Thissen
����� The motion prevailed and the amendment was
adopted.
Drazkowski moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 26, delete section 41
Page 28, delete section 45
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
amendment and the roll was called.� There
were 56 yeas and 70 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Holberg moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 26, line 19, after "public" insert ", and between contractors and subcontractors for trunk highway work,"
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Holberg
amendment and the roll was called.� There
were 51 yeas and 75 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Cornish
Daudt
Davids
Dean, M.
Dettmer
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hortman
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Lohmer
McDonald
McNamara
Morgan
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Drazkowski
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hertaus
Hilstrom
Hornstein
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Garofalo and Benson, M., moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 27, delete section 43
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 Garofalo and Benson, M., amendment and the roll was
called.� There were 56 yeas and 70
nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the amendment
was not adopted.
���������� Gruenhagen was excused for the remainder of today's
session.
Runbeck moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 29, line 22, delete "(a)"
Page 29, line 26, delete everything after the period
Page 29, delete lines 27 to 35
Page 30, delete lines 1 to 3
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 Runbeck
amendment and the roll was called.� There
were 53 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Runbeck moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 30, after line 3, insert:
"(c) This subdivision is effective the next August 1 following submission of the report under subdivision 5."
Page 30, line 5, after the period, insert "The commissioner shall include in the public hearings summary information on the results of the analysis under subdivision 5."
Page 30, after line 5, insert:
"Subd. 5.� Analysis of liability impacts.� The commissioner shall analyze the civil liability and indemnification impacts of the contracting authority established under subdivision 3, which must include a review of expected impacts to local units of government and to the general public in an award of damages in a civil action arising out of passenger rail service under sections 174.60 to 174.636.� The commissioner shall submit an electronic copy of the results of the analysis to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance, and to the Revisor of Statutes."
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 Runbeck
amendment and the roll was called.� There
were 53 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Faust moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 33, after line 11, insert:
"Sec. 53.� Minnesota Statutes 2012, section 221.0314, subdivision 9a, is amended to read:
Subd. 9a.� Hours of service exemptions.� The federal regulations incorporated in subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in the interstate or intrastate transportation of:
(1) agricultural commodities or farm supplies for agricultural purposes in Minnesota during the planting and harvesting seasons from March 15 to December 15 of each year; or
(2) sugar beets during the harvesting season for sugar beets from September 1 to May 15 of each year;
if the transportation is limited to an area within a 100-air-mile
150-air-mile radius from the source of the commodities or from
the retail or wholesale distribution point for of the farm
supplies.
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 prevailed and the amendment was adopted.
Nornes moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 33, after line 11, insert:
"Sec. 53.� Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287, article 3, section 56, is amended to read:
Sec. 10.� EFFECTIVE
DATE.
Sections 2 and 3 are effective August 1,
2009, and the amendments made in sections 2 and 3 to Minnesota Statutes,
sections 169.011 and 169.045, expire July 31, 2014."
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 Nornes
amendment and the roll was called.� There
were 58 yeas and 66 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
McNamar
McNamara
Metsa
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
Holberg moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 33, after line 11, insert:
"Sec. 53.� Minnesota Statutes 2012, section 473.386, is amended by adding a subdivision to read:
Subd. 9.� Metro
Mobility ombudsperson.� (a)
The council shall establish, as part of the duties of existing personnel, a
Metro Mobility ombudsperson.� The
ombudsperson reports directly to the council.�
The ombudsperson must be selected without regard to political
affiliation and must be qualified to perform the duties specified in this
subdivision.
(b) Powers and duties of the
ombudsperson include, but are not limited to:
(1) providing a neutral, independent
resource for dispute and issue resolution between the council and the general
public concerning the Metro Mobility program where another mechanism or forum
is not available;
(2) gathering information about
decisions, acts, and other matters of the council;
(3) providing information to the general
public;
(4) facilitating discussions or
arranging mediation when appropriate; and
(5) maintaining and monitoring
performance measures for the ombudsperson program.
(c) The ombudsperson may not impose a complaint fee."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The
motion prevailed and the amendment was adopted.
���������� The Speaker resumed the Chair.
Melin moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 36, after line 21, insert:
"Sec. 57.� ORIGINAL
IGNITION INTERLOCK DEVICE PROGRAM; USE OF EMPLOYER-OWNED VEHICLES.
A person participating in the ignition
interlock device program under Minnesota Statutes 2009, section 171.305, may
drive an employer-owned vehicle not equipped with an interlock device while in
the normal course and scope of employment duties pursuant to the program
guidelines established by the commissioner referenced in Minnesota Statutes,
section 171.306, subdivision 4, paragraph (b), and with the employer's written
consent.
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 prevailed and the amendment was adopted.
S. F. No. 1270, as amended, was read for the third time.
MOTION FOR RECONSIDERATION
����� Garofalo moved that the action whereby
S. F. No. 1270, as amended, was given its third reading be now reconsidered.� The motion prevailed.
����� S. F. No. 1270, the second engrossment, as amended, was again reported to the House.
Hackbarth moved to amend S. F. No. 1270, the second engrossment, as amended, as follows:
Page 36, after line 21, insert:
"Sec. 57.� INTERSECTION
SIGNAGE; MARKED TRUNK HIGHWAY 47.
By
August 1, 2013, the commissioner of transportation shall erect additional
signage on marked Trunk Highway 47 at the intersection with McKinley Street in
Anoka indicating the turning and through lane requirements for the
intersection.
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
Hackbarth moved to amend his amendment to S. F. No. 1270, the second engrossment, as amended, as follows:
Page 1, line 7, after the period, insert:
"The city of Anoka shall reimburse the commissioner for the signage."
����� The
motion prevailed and the amendment to the amendment was adopted.
����� The question recurred on the Hackbarth
amendment, as amended, to S. F. No. 1270, the second
engrossment, as amended.� The motion
prevailed and the amendment, as amended, was adopted.
����� S. F. No. 1270, A bill for
an act relating to transportation; modifying provisions governing
transportation and public safety policies, including highway signs, highway
jurisdictions, accounts, state-aid definitions and variances, vehicle registration and license plates, record
retention, conformance with federal law, motor vehicle dealers, type III
vehicles, bicycle lanes, speed limit, disability parking, school bus safety,
vehicle weights, background checks, senior identification cards, Department of
Transportation offices and ombudsperson and surplus land, railroad crossing signs,
bus rapid transit, transit planning, operations, and accessibility, and land
conveyance; amending Minnesota Statutes 2012, sections 160.80, subdivisions 1,
1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision; 161.1231, subdivision 8; 161.44, by
adding a subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a;
162.13, subdivision 2; 168.017, subdivisions 2, 3; 168.053, subdivision 1;
168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17;
168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1,
2, 3, by adding a subdivision; 168B.15; 169.011, subdivision 71; 169.14,
subdivision 2; 169.18, subdivisions 4, 7; 169.19, subdivision 1; 169.34,
subdivision 1; 169.346, subdivision 2, by adding a subdivision; 169.443,
subdivision 9; 169.447, subdivision 2; 169.454, subdivision 12; 169.824,
subdivision 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; 171.12,
subdivision 6; 174.02, by adding a subdivision; 174.24, subdivision 5a; 219.17;
219.18; 219.20; 221.0314, subdivisions 2, 3a, 9a; 398A.04, by adding a
subdivision; Laws 2002, chapter 393, section 85; Laws 2009, chapter 59, article
3, section 4, subdivision 9, as amended; proposing coding for new law in
Minnesota Statutes, chapters 171; 174; repealing Minnesota Statutes 2012,
sections 168.094; 174.24, subdivision 5; Minnesota Rules, parts 8820.3300,
subpart 2; 8835.0330, subpart 2.
����� 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 77 yeas and 47 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gunther
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Zellers
Zerwas
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 825,
A bill for an act relating to health; making changes to the Medical Practice
Act; amending Minnesota Statutes 2012, sections 147.001; 147.01, subdivision 1;
147.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 147.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 125 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed and its title agreed to.
���������� Lohmer was excused for the remainder of today's session.
����� H. F. No. 590 was reported
to the House.
Hilstrom moved to amend H. F. No. 590, the first engrossment, as follows:
Page 1, line 8, after "(1)" insert "(i)" and after the first "or" insert "(ii)"
����� The
motion prevailed and the amendment was adopted.
Johnson, B., moved to amend H. F. No. 590, the first engrossment, as amended, as follows:
Page 1, after line 4, insert:
"Section 1.� [174.235]
TRANSIT OPERATORS; ELECTRONIC INCAPACITATION DEVICES.
Subdivision 1.� Prohibition.� Notwithstanding section 624.731,
subdivision 10, a public transit provider may require a transit operator to
provide proof of training in the proper use of an electronic incapacitation
device prior to the transit operator carrying an electronic incapacitation
device while on duty as permitted under section 624.731.� This provision does not apply to transit
operators who are prohibited from possessing an electronic incapacitation
device under section 624.731.
Subd. 2.� Definitions.� For the purposes of this section:
(1) "transit operator" has the
meaning provided in section 609.2231, subdivision 11, paragraph (b); and
(2) "electronic incapacitation device" has the meaning provided in section 624.731, subdivision 1, clause (2)."
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 Johnson, B.,
amendment and the roll was called.� There
were 49 yeas and 73 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
FitzSimmons
Franson
Green
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Kresha
Leidiger
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
���������� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Holberg
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
����� H. F. No. 590, A bill for
an act relating to crime; prescribing criminal penalties for assaulting a
transit operator; amending Minnesota Statutes 2012, section 609.2231, by adding
a subdivision.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 119 yeas and 5 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� Those who voted in the negative were:
Allen
FitzSimmons
Green
McDonald
Quam
����� The bill was passed, as amended, and its
title agreed to.
���������� Johnson, B., and Zellers were excused
for the remainder of today's session.
����� H. F. No. 1284 was reported
to the House.
Peppin moved to amend H. F. No. 1284, the first engrossment, as follows:
Page 1, after line 4, insert:
"Section 1.� Minnesota Statutes 2012, section 325D.01, subdivision 5, is amended to read:
Subd. 5.� Cost.� The term "cost", as applied to the wholesale or retail vendor, means:
(1) the actual current delivered invoice
or replacement cost, whichever is lower, without deducting customary cash
discounts, plus any excise or sales taxes imposed on such commodity, goods,
wares or merchandise subsequent to the
purchase thereof and prior to the resale thereof, plus the cost of doing
business at that location by the vendor; and
(2) where a manufacturer publishes a list
price and discounts, in determining such "cost" the manufacturer's
published list price then currently in effect, less the published trade
discount but without deducting the customary cash discount, plus any excise or
sales taxes imposed on such commodity, goods, wares or merchandise subsequent
to the purchase thereof and prior to the resale thereof, plus the cost of doing
business by the vendor shall be prima facie evidence of "cost";.
(3) for purposes of gasoline offered
for sale by way of posted price or indicating meter by a retailer, at a retail
location where gasoline is dispensed into passenger automobiles and trucks by
the consumer, "cost" means the average terminal price on the day, at
the terminal from which the most recent supply of gasoline delivered to the
retail location was acquired, plus all applicable state and federal excise
taxes and fees, plus the lesser of six percent or eight cents.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Page 1, after line 8, insert:
"Sec. 3.� REPEALER.
Minnesota Statutes 2012, sections
325D.01, subdivisions 11 and 12; and 325D.71, are repealed.
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
����� A roll call was requested and properly
seconded.
���������� The question was taken on the Peppin amendment and the
roll was called.� There were 27 yeas and
93 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anderson, S.
Beard
Drazkowski
Erickson, S.
FitzSimmons
Franson
Hertaus
Kieffer
Kresha
Leidiger
Lenczewski
Liebling
McDonald
Myhra
Newberger
Peppin
Pugh
Quam
Rosenthal
Runbeck
Scott
Selcer
Uglem
Winkler
Woodard
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, P.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Garofalo
Green
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kiel
Laine
Lesch
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Poppe
Radinovich
Sanders
Savick
Sawatzky
Schoen
Schomacker
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Yarusso
Zerwas
����� The motion did not prevail and the
amendment was not adopted.
����� H. F. No. 1284, A bill for
an act relating to commerce; prohibiting restriction on sale of motor fuel;
proposing coding for new law in Minnesota Statutes, chapter 325E.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 109 yeas and 13 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Fritz
Gunther
Hackbarth
Halverson
Hamilton
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Nornes
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
����� Those who voted in the negative were:
Freiberg
Garofalo
Green
Hansen
Leidiger
Liebling
McDonald
Newton
Norton
O'Neill
Uglem
Zerwas
Spk. Thissen
����� The bill was passed and its title agreed
to.
����� S. F. No. 510, A bill for
an act relating to solid waste; amending process for cities to implement
organized collection of solid waste;
amending Minnesota Statutes 2012, section 115A.94, subdivisions 2, 5, by adding
subdivisions; repealing Minnesota Statutes 2012, section 115A.94,
subdivision 4.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 104 yeas and 18 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Green
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
Paymar
Pelowski
Persell
Poppe
Pugh
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
����� Those who voted in the negative were:
Anderson, P.
Drazkowski
Erickson, S.
FitzSimmons
Garofalo
Hackbarth
Hertaus
Holberg
Kieffer
Leidiger
Newberger
O'Driscoll
O'Neill
Peppin
Quam
Schomacker
Swedzinski
Theis
����� The bill was passed and its title agreed
to.
REPORT
FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
����� Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Monday, May 6,
2013 and established a prefiling requirement for amendments offered to the
following bills:
����� H. F. Nos. 826, 739, 854,
215, 1451, 461 and 161.
MOTIONS AND RESOLUTIONS
����� Slocum moved that the name of Fischer be
added as an author on H. F. No. 128.� The motion prevailed.
����� Dehn, R., moved that the name of Winkler
be added as an author on H. F. No. 276.� The motion prevailed.
����� Wagenius moved that the name of McNamara
be added as an author on H. F. No. 1113.� The motion prevailed.
����� Huntley moved that the name of Loeffler be
added as an author on H. F. No. 1233.� The motion prevailed.
����� Winkler moved that the name of Loeffler be
added as an author on H. F. No. 1451.� The motion prevailed.
ADJOURNMENT
����� Murphy, E., moved that when the House
adjourns today it adjourn until 10:00 a.m., Friday, May 3, 2013.� The motion prevailed.
����� Murphy, E., moved that the House
adjourn.� The motion prevailed, and the
Speaker declared the House stands adjourned until 10:00 a.m., Friday, May 3,
2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives