STATE OF MINNESOTA
SPECIAL SESSION - 2005
_____________________
TWENTY-THIRD DAY
Saint Paul, Minnesota, Wednesday, July 13,
2005
The House of Representatives convened at 11:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Emmer, Howes and Kahn were excused.
Gazelka was excused until 5:25 p.m. Heidgerken was excused until 6:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Nornes moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The following House Files were introduced:
Johnson, J., introduced:
H. F. No. 132, A bill for an act relating to eminent domain;
prohibiting use of eminent domain in certain circumstances; proposing coding
for new law in Minnesota Statutes, chapter 469.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Davids introduced:
H. F. No. 133, A bill for an act relating to state government;
providing that legislative appropriations continue in effect until amended or
eliminated by law; proposing coding for new law in Minnesota Statutes, chapter
16A.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Emmer introduced:
H. F. No. 134, A bill for an act relating to taxes; individual
income; disallowing the deduction of wagering losses; amending Minnesota Statutes
2004, section 290.01, subdivision 19a, as amended.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Kahn, Lillie, Clark, Scalze, Paymar, Davnie and Goodwin
introduced:
H. F. No. 135, A bill for an act relating to state government;
providing that legislative appropriations continue in effect until amended or
eliminated by law; proposing coding for new law in Minnesota Statutes, chapter
16A.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Vandeveer introduced:
H. F. No. 136, A bill for an act relating to local government;
limiting local government requirements for use of certain nonconforming lots;
amending Minnesota Statutes 2004, section 462.357, subdivision 1e, as amended.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Eastlund; Heidgerken; Nelson, P.; Marquart; Hosch; Olson;
Dittrich; Demmer; Abeler; Erickson and Soderstrom introduced:
H. F. No. 137, A bill for an act relating to elections;
providing for nonpartisan legislative offices; modifying the allocation of
money in the state elections campaign fund; amending Minnesota Statutes 2004,
sections 10A.31, subdivision 5, as amended; 204D.08, subdivisions 4, 6;
204D.13, subdivision 1.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Abrams
introduced:
H. F. No. 138, A bill for an act relating to financing and
operation of government in this state; changing income, corporate franchise,
withholding, property, sales and use, deed, health care gross revenues, fuels,
cigarette and tobacco products, occupation, net proceeds, production, liquor,
insurance, rented vehicles, and other taxes and tax-related provisions; making
technical, clarifying, collection, enforcement, refund, and administrative
changes to certain taxes and tax-related provisions; changing fiscal
disparities provisions, business subsidy provisions, and payments in lieu of
taxes; changing local government and property tax aids and credits; updating
references to the Internal Revenue Code; changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies,
exclusions, review and equalization, appeals, notices and statements, and other
property tax-related provisions; requiring state contracts be with vendors
registered to collect use taxes; modifying and authorizing local sales and
lodging taxes; changing the taxation of liquor and cigarettes and tobacco
products; imposing tobacco product delivery sales requirements; requiring
registration of tax shelters and providing for a voluntary compliance
initiative; providing for an international economic development zone; conveying
certain powers and providing tax incentives in the zone; changing job
opportunity building zones, border city development zones, and biotechnology
and health sciences industry zone provisions; changing provisions relating to
economic development and housing and redevelopment authorities; providing for
training and conduct of assessors; changing and imposing powers and duties on
the commissioner of revenue and other state agencies and departments and on
certain political subdivisions and certain officials; imposing certain duties
on tax preparers; changing provisions relating to certificates of title on
manufactured homes; changing electronic filing requirements; authorizing the
issuance of certain state bonds; specifying the status of certain trusts;
changing and imposing civil and criminal penalties; requiring studies and
reports; allocating and transferring funds; appropriating money; amending
Minnesota Statutes 2004, sections 16C.03, by adding a subdivision; 116J.993, by
adding a subdivision; 116J.994, subdivisions 4, 5, 9, by adding a subdivision;
168A.05, by adding a subdivision; 270C.02, subdivision 2, as added; 270C.27,
subdivision 1, as added; 270C.28, subdivision 2, as added; 270C.445, as added,
by adding a subdivision; 272.02, subdivisions 7, 22, 64, as amended, 73, as
added, by adding subdivisions; 273.0755; 273.11, subdivision 1a, by adding
subdivisions; 273.112, subdivision 3; 273.124, subdivision 1; 273.125,
subdivision 8; 273.13, subdivisions 22, 25, as amended; 274.01, subdivision 1;
275.025, subdivisions 3, 4; 275.065, subdivisions 1a, 3, by adding
subdivisions; 275.70, subdivision 5, as amended; 276.04, subdivision 2, as
amended; 287.20, subdivisions 2, 9, by adding a subdivision; 287.21,
subdivision 1; 289A.02, subdivision 7; 289A.08, subdivisions 1, 7, 13; 289A.11,
subdivision 1; 289A.20, subdivisions 2, 4; 289A.26, subdivision 2a; 289A.38, by
adding a subdivision; 289A.56, by adding a subdivision; 289A.60, subdivisions
4, 6, as amended, 20, by adding subdivisions; 290.01, subdivisions 6b, 7, 19,
as amended, 19a, as amended, 19b, as amended, 19c, as amended, 19d, 29, 31;
290.032, subdivisions 1, 2; 290.06, subdivisions 2c, by adding a subdivision;
290.067, subdivisions 1, 2a; 290.0671, subdivision 1; 290.0674, subdivision 2;
290.0675, subdivision 1; 290.091, subdivision 2; 290.0921, subdivision 3;
290.0922, subdivisions 2, 3; 290.191, subdivisions 2, 3; 290.9705, subdivision
1; 290A.03, subdivisions 3, 15; 295.50, subdivision 3, by adding a subdivision;
295.52, subdivision 4; 295.53, subdivision 1; 295.55, subdivision 4; 296A.09,
by adding a subdivision; 297A.61, subdivisions 3, as amended, 4, as amended;
297A.67, subdivisions 6, 29, by adding a subdivision; 297A.68, subdivisions 2,
as amended, 5, as amended, 35, 37, 38, by adding subdivisions; 297A.70,
subdivisions 8, 10; 297A.71, by adding subdivisions; 297A.75, subdivisions 1,
as amended, 2, 3; 297A.99, subdivision 9, by adding a subdivision; 297F.01, by
adding a subdivision; 297F.09, by adding a subdivision; 297F.10, subdivision 1;
297I.01, subdivision 13a, as added, by adding a subdivision; 297I.05,
subdivision 4, by adding a subdivision; 298.01, subdivisions 3, 4; 298.24,
subdivision 1, as amended; 469.033, subdivision 6; 469.1082, by adding a
subdivision; 469.169, by adding a subdivision; 469.310, subdivision 11, as
amended, by adding a subdivision; 469.316; 469.317; 469.337; 473F.02,
subdivision 2; 473F.08, subdivision 3a; 477A.011, subdivision 36, as amended;
477A.013, subdivision 8; 477A.03, subdivisions 2a, 2b, as amended; 477A.11,
subdivision 4, by adding a subdivision; 477A.12, subdivisions 1, 2; 477A.14,
subdivision 1; 501B.895, as added; Laws 1991, chapter 291, article 8, section
27, subdivision 4, by adding a subdivision; Laws 1993, chapter 375, article 9,
section 46, subdivisions 2, as amended, 3, as amended; Laws 1994, chapter 587,
article 9, section 8, subdivision 1; Laws 1998, chapter 389, article 8, section
43, subdivisions 3, 4, 5; Laws 2001, First Special Session chapter 5, article
12, sections 44, 67, 95, as amended; Laws 2002, chapter 377,
article 3, section 4; Laws 2002, chapter 377, article 11, section 2,
subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters
174; 270C; 273; 289A; 295; 297A; 297F; 325F; 469; repealing Minnesota Statutes
2004, sections 272.02, subdivision 65; 477A.08.
The bill was read for the first time.
Bradley and Huntley introduced:
H. F. No. 139, A bill for an act relating to the operation of
state government; making changes to health and human services programs;
modifying human services policy; modifying health policy; changing licensing
provisions; changing provisions for mental and chemical health; establishing
treatment foster care and transitional youth intensive rehab mental health
services; enhancing family support; providing training for child care providers
and hospitals on dangers of shaking infants and children; establishing
long-term homeless supportive services; establishing the tobacco health impact
fee; establishing a cancer drug repository program; establishing a health
information technology and infrastructure advisory committee and a rural
pharmacy planning and transition grant program; establishing a statewide trauma
system and trauma registry; changing long-term care provisions and establishing
a partnership; establishing a nursing facility reimbursement system; modifying
health care programs; changing certain fees; appropriating money; amending
Minnesota Statutes 2004, sections 13.46, subdivision 4, as amended; 16A.724;
62J.692, subdivision 3, as amended; 62Q.251, as added; 62Q.37, subdivision 7;
103I.101, subdivision 6; 103I.208, subdivisions 1, as amended, 2, as amended;
103I.235, subdivision 1; 103I.601, subdivision 2; 119B.13, subdivision 1, by
adding a subdivision; 144.122, as amended; 144.147, subdivisions 1, 2; 144.148,
subdivision 1; 144.1483; 144.1501, subdivisions 1, 2, 3, 4; 144.226,
subdivisions 1, as amended, 4, as amended, by adding subdivisions; 144.3831,
subdivision 1; 144.551, subdivision 1; 144.562, subdivision 2; 144.9504,
subdivision 2; 144.98, subdivision 3; 144A.073, subdivision 10, by adding a
subdivision; 144E.101, by adding a subdivision; 145.4242; 145.56, subdivisions
2, 5; 145.9268; 147A.08; 148D.220, subdivision 8, as added; 150A.22; 157.011,
by adding a subdivision; 157.15, by adding a subdivision; 157.16, subdivisions
2, 3, by adding subdivisions; 157.20, subdivisions 2, 2a; 241.01, by adding a
subdivision; 243.166, subdivisions 4b, as added, 7, as amended; 245.4661,
subdivisions 2, 6, by adding a subdivision; 245.4874, as amended; 245.4885,
subdivisions 1, 2, by adding a subdivision; 245A.02, subdivision 17; 245A.03,
subdivisions 2, 3; 245A.035, subdivisions 1, 5; 245A.04, subdivisions 7, 13;
245A.06, by adding a subdivision; 245A.07, subdivisions 1, 3, by adding a
subdivision; 245A.08, subdivisions 2a, 5; 245A.10, subdivisions 4, 5; 245A.14,
by adding subdivisions; 245A.144; 245A.16, subdivisions 1, 4; 245A.18; 245B.02,
subdivision 10; 245B.055, subdivision 7; 245B.07, subdivision 8; 245C.03,
subdivision 1; 245C.07; 245C.08, subdivisions 1, 2; 245C.10, subdivisions 2, 3;
245C.15, subdivisions 1, as amended, 2, 3, 4; 245C.21, subdivision 2; 245C.22,
subdivisions 3, 4, 7, as added; 245C.23, subdivision 1; 245C.24, subdivisions
2, as amended, 3; 245C.27, subdivision 1; 245C.28, subdivision 3; 245C.30,
subdivisions 1, 2; 245C.32, subdivision 2; 246.0136, subdivision 1; 246.13, as
amended; 252.27, subdivision 2a; 253.20; 254A.035, subdivision 2; 254A.04;
256.01, subdivision 2, by adding subdivisions; 256.019, subdivision 1; 256.045,
subdivisions 3, as amended, 3a; 256.046, subdivision 1; 256.741, subdivision 4;
256.9657, by adding a subdivision; 256.969, subdivisions 3a, 9, 26, by adding a
subdivision; 256.975, subdivision 9; 256B.02, subdivision 12; 256B.04, by adding
a subdivision; 256B.055, by adding a subdivision; 256B.056, subdivisions 5, 5a,
5b, 7, by adding subdivisions; 256B.057, subdivision 9; 256B.0575; 256B.06,
subdivision 4; 256B.0621, subdivisions 2, 3, 4, 5, 6, 7, by adding a
subdivision; 256B.0622, subdivision 2; 256B.0625, subdivisions 2, 3a, 9, 13,
13a, 13c, 13d, 13e, as amended, 13f, as amended, 17, 19c, by adding
subdivisions; 256B.0627, subdivisions 1, as amended, 4, 5, as amended, 9, by
adding a subdivision; 256B.0631, subdivisions 1, 3; 256B.075, subdivision 2;
256B.0911, subdivision 1a; 256B.0913, subdivisions 2, 4, 5, 5a; 256B.0916, by
adding a subdivision; 256B.0924, subdivision 3; 256B.093, subdivision 1;
256B.0943, subdivision 3; 256B.095; 256B.0951, subdivision 1; 256B.0952,
subdivision 5; 256B.0953, subdivision 1; 256B.15, subdivisions 1, 4, by adding
subdivisions; 256B.19, subdivisions 1, 1c; 256B.195, subdivision 3; 256B.431,
by adding subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions;
256B.434, subdivisions 3, 4, by adding a subdivision; 256B.49, subdivision 16;
256B.5012, by adding a subdivision; 256B.69, subdivisions 4, 23; 256D.03,
subdivisions 3, as amended, 4; 256D.045; 256D.06, subdivisions 5, 7; 256D.44, subdivision 5; 256I.05,
subdivision 1e; 256I.06, by adding a subdivision; 256J.37, subdivision 3b;
256J.515; 256L.01, subdivisions 4, 5; 256L.03, subdivisions 1, 1b, 5; 256L.035;
256L.04, subdivision 2, by adding subdivisions; 256L.05, subdivisions 2, 3, 3a,
by adding a subdivision; 256L.06, subdivision 3; 256L.07, subdivisions 1, as
amended, 3, by adding subdivisions; 256L.12, by adding a subdivision; 256L.15,
subdivisions 2, as amended, 3, by adding a subdivision; 256L.17, by adding a
subdivision; 256M.40, subdivision 2; 260.835; 260B.163, subdivision 6;
260C.163, subdivision 5; 295.582, as amended; 297F.185; 299C.093, as amended;
325D.32, subdivision 9; 326.42, subdivision 2; 471.61, by adding a subdivision;
514.981, subdivision 6; 518.165, by adding subdivisions; 549.02, by adding a
subdivision; 549.04; 609A.03, subdivision 7, as amended; 626.556, subdivision
10i, as amended; 626.557, subdivisions 9d, 14, as amended; 641.15, subdivision
2; Laws 2003, First Special Session chapter 14, article 12, section 93; Laws
2003, First Special Session chapter 14, article 13C, section 2, subdivision 6;
Laws 2005, chapter 107, article 1, section 6; Laws 2005, chapter 159, article
1, section 14; proposing coding for new law in Minnesota Statutes, chapters
16A; 62J; 144; 145; 151; 245A; 245C; 256; 256B; 256K; 641; repealing Minnesota
Statutes 2004, sections 119B.074, as amended; 144.1486; 144.1502; 157.215;
256.955; 256B.075, subdivision 5; 256D.54, subdivision 3; 256L.04, subdivision
11; 256M.40, subdivision 2; 514.991; 514.992; 514.993; 514.994; 514.995; Laws
2003, First Special Session chapter 14, article 9, section 34; Laws 2005,
chapter 107, article 2, section 51.
The bill was read for the first time.
Holberg introduced:
H. F. No. 140, A bill for an act relating to appropriations;
appropriating money for transportation, Metropolitan Council, and public safety
activities; providing for general contingent accounts and tort claims;
providing for various fees and accounts; allocating county state-aid highway
funds; modifying provisions related to state mail, state highways and bridges,
county state-aid highways, town road signs, railroad grade crossings and
operations, traffic fine allocations, commercial motor vehicles, day activity
center buses, vehicle registration plates and other motor vehicle provisions,
driver and vehicle data practices, deputy motor vehicle registrars, state
aviation, bridges in smaller cities, weight limits on highways and other
traffic regulations, drivers' licenses and permits, the Commuter Rail Corridor
Coordinating Committee, Roussain Cemetery, wetland replacement near the city of
Cologne, the employment status of public safety radio communications operators,
the insurance verification sampling program, maximum train speeds in the city
of Orr, a restriction on ethanol requirements, and bicycle programs; requiring
studies and reports; making technical and clarifying revisions; amending
Minnesota Statutes 2004, sections 13.44, subdivision 3; 16B.49; 115A.908,
subdivision 1; 161.14, subdivision 25, by adding subdivisions; 161.361,
subdivision 2; 161.368; 162.02, subdivisions 2, 3a; 162.06, subdivision 2;
162.08, subdivision 3; 162.09, subdivisions 2, 3a; 162.14, subdivision 6;
168.011, subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding subdivisions; 168.012,
subdivision 1, as amended; 168.013, subdivision 8; 168.031; 168.09, subdivision
7; 168.091, subdivision 1; 168.10, subdivision 1c; 168.105, subdivisions 2, 3,
5; 168.12; 168.123; 168.1235; 168.124; 168.125; 168.1255; 168.127, subdivision
6; 168.128; 168.129; 168.1291; 168.1293; 168.1296; 168.1297; 168.15, subdivision
1; 168.16; 168.185; 168.27, subdivision 11; 168.31, subdivision 5; 168.33, as
amended; 168.345, subdivisions 1, 2; 168.381; 168.54, subdivisions 4, 5;
168A.152, subdivision 2; 168A.20, by adding a subdivision; 168A.29; 168A.31;
169.01, subdivisions 75, 76, 78; 169.06, subdivisions 5, 6; 169.09, subdivision
13; 169.14, subdivision 2, by adding a subdivision; 169.18, subdivisions 4, 5,
11, as amended; 169.28, subdivision 2; 169.448, by adding a subdivision;
169.522; 169.81, subdivision 3c; 169.8261; 169.851, subdivision 5; 169.86,
subdivision 5; 169.99, subdivision 1b; 169A.52, subdivision 3; 169A.60,
subdivision 16; 171.01, subdivisions 22, 35, 47, by adding a subdivision;
171.02; 171.03; 171.04, subdivision 2; 171.05, subdivisions 1, 2, 2b; 171.055,
subdivision 2; 171.06, subdivisions 2, 2a; 171.061, subdivision 4; 171.07,
subdivision 11; 171.09, as amended; 171.12, subdivisions 3, 6; 171.13,
subdivisions 2, 6, by adding a subdivision; 171.165, subdivisions 1, 2, 6;
171.17, subdivision 1; 171.18, subdivision 1; 171.20, subdivision 4, as
amended; 171.26, as amended; 171.29, subdivision 2; 171.30, subdivision 1;
171.36; 174.50, by adding a subdivision; 174.86, subdivision 5; 179A.03,
subdivision 7, as amended; 179A.10, subdivision 2; 192.502, subdivision 2;
197.65; 219.166; 219.567; 299D.03, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 160; 162; 168; 171; 219; 299A; repealing
Minnesota Statutes 2004, sections 168.011, subdivision 19; 168.012, subdivision
12; 168.041, subdivision 11; 168.105, subdivision 6; 168.15, subdivision 2;
168.231; 168.345,
subdivisions 3, 4; 168.831; 168.832; 168.833; 168.834; 168.835; 168.836;
168.837; 168C.01; 168C.02; 168C.03; 168C.04; 168C.05; 168C.06; 168C.07;
168C.08; 168C.09; 168C.10; 168C.11; 168C.12; 168C.13; 170.23; 171.12,
subdivision 8; 171.165, subdivisions 3, 4, 4a, 4b; 171.185; 473.408,
subdivision 1; Minnesota Rules, parts 7407.0100; 7407.0200; 7407.0300;
7407.0400; 7407.0500; 7407.0600; 7407.0700; 7407.0800; 7407.0900; 7407.1000; 7407.1100;
7407.1200; 7407.1300; 7503.2400; 7800.0600; 7800.3200, subpart 1; 7805.0700;
8850.6900, subpart 20; 8855.0500, subpart 1.
The bill was read for the first time.
Sykora, Buesgens, Erickson, Heidgerken, Dittrich, Paulsen and
Demmer introduced:
H. F. No. 141, A bill for an act relating to the operation and
financing of government; providing for early childhood, adult, family, and
kindergarten through grade 12 education including general education, education
excellence, special programs, facilities and technology, nutrition and
accounting, libraries, early childhood education, prevention, self-sufficiency
and lifelong learning, state agencies, and technical and conforming amendments;
reestablishing statutory authority for the Humanities Commission; authorizing
certain nonprofit contracts; reimbursing local governments; authorizing certain
state agencies and constitutional officers to carry forward unencumbered
balances for fiscal year 2005; appropriating money for lets go fishing to
promote opportunities for fishing in the state; authorizing rulemaking;
providing for reports; appropriating money; amending Minnesota Statutes 2004,
sections 13.32, subdivision 8; 13.321, by adding a subdivision; 119A.46,
subdivisions 1, 2, 3, 8; 120A.05, by adding a subdivision; 120A.22, subdivision
12; 120B.02; 120B.021, by adding a subdivision; 120B.11, subdivisions 1, 2, 3,
4, 5, 8; 120B.13, subdivisions 1, 3; 120B.22, subdivision 1; 120B.30,
subdivisions 1, 1a, by adding a subdivision; 120B.31, subdivision 4; 121A.03,
subdivision 1; 121A.06, subdivisions 2, 3; 121A.15, subdivision 3; 121A.17,
subdivisions 1, 5; 121A.19; 121A.41, subdivision 10; 121A.47, subdivision 14;
121A.53; 121A.66, subdivision 5, by adding subdivisions; 121A.67; 122A.06,
subdivision 4; 122A.12, subdivision 2; 122A.18, subdivision 2a; 122A.33;
122A.40, subdivision 5, as amended; 122A.41, subdivisions 2, as amended, 5a,
14; 122A.413; 122A.414; 122A.415, subdivisions 1, 3; 122A.60, subdivision 1, by
adding subdivisions; 123A.05, subdivision 2; 123B.02, by adding subdivisions;
123B.04, subdivisions 1, 2; 123B.42, by adding a subdivision; 123B.49,
subdivision 4; 123B.492; 123B.53, subdivision 1; 123B.54; 123B.59, subdivisions
3, 3a; 123B.63, subdivision 2; 123B.71, subdivisions 8, 9, 12; 123B.75, subdivision
5, by adding a subdivision; 123B.76, subdivision 3; 123B.79, subdivision 6;
123B.81, subdivision 1; 123B.82; 123B.83, subdivision 2; 123B.88, by adding a
subdivision; 123B.92, subdivisions 1, 5; 124D.09, subdivision 12; 124D.095,
subdivisions 2, 4, 8, by adding a subdivision; 124D.10, subdivisions 4, 6, 15,
23; 124D.11, subdivisions 1, 2, 5, 6; 124D.111, subdivisions 1, 2; 124D.118,
subdivision 4; 124D.135, subdivisions 1, 5; 124D.15, subdivisions 1, 3, 5, 10,
12, by adding subdivisions; 124D.16, subdivisions 2, 3; 124D.20, subdivisions
3, 5; 124D.40; 124D.454, subdivision 5; 124D.52, subdivision 3; 124D.531,
subdivisions 1, 4; 124D.66, subdivision 3; 124D.68, subdivision 9; 124D.69,
subdivision 1; 124D.74, subdivision 1; 124D.81, subdivision 1; 124D.84,
subdivision 1; 125A.11, subdivision 1; 125A.24; 125A.28; 125A.51; 125A.76,
subdivision 4; 125A.79, subdivisions 1, 6; 126C.01, subdivision 11; 126C.05, by
adding a subdivision; 126C.10, subdivisions 1, 2, 13, 13a, 24, 31, by adding
subdivisions; 126C.13, subdivision 4; 126C.15, subdivisions 2, 3; 126C.17,
subdivisions 2, 5, 7, 9, 13; 126C.21, subdivision 4; 126C.40, subdivision 1;
126C.43, subdivisions 2, 3; 126C.457; 126C.48, subdivisions 2, 8; 126C.63,
subdivisions 5, 8; 127A.41, subdivision 8; 127A.45, subdivisions 2, 10, 11, 12,
13, 14, 16; 127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 3; 128C.05, by
adding a subdivision; 128C.12, subdivisions 1, 3; 128D.11, subdivision 9;
134.31, by adding a subdivision; 179A.03, subdivision 14, as amended; 260C.201,
subdivision 1, as amended; 275.14; 275.16; 469.177, subdivision 9; 475.61,
subdivision 4; Laws 1996, chapter 412, article 5, section 24; Laws 2003, First
Special Session chapter 9, article 3, section 20, subdivision 6, as amended;
Laws 2003, First Special Session chapter 9, article 4, section 29, as amended;
proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A;
123A; 123B; 124D; 125B; 127A; 129C; 138; 171; repealing Minnesota Statutes
2004, sections 122A.415, subdivision 2; 123B.83, subdivision 1; 124D.095,
subdivision 9; 124D.15, subdivisions 2, 4, 6, 7, 8, 9, 11, 13; 124D.16,
subdivisions 1, 4; 125A.75, subdivision 8; 126C.42, subdivisions 1, 4; 128C.12,
subdivision 4.
The bill was read for the first time.
Paulsen 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.
H. F. No. 138 was reported to the House.
SUSPENSION
OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Abrams moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 138 be given its second
and third readings and be placed upon its final passage. The motion prevailed.
Abrams moved that the Rules of the House be so far suspended
that H. F. No. 138 be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 138 was read for the second time.
H. F. No. 138, A bill for an act relating to financing and
operation of government in this state; changing income, corporate franchise,
withholding, property, sales and use, deed, health care gross revenues, fuels,
cigarette and tobacco products, occupation, net proceeds, production, liquor,
insurance, rented vehicles, and other taxes and tax-related provisions; making
technical, clarifying, collection, enforcement, refund, and administrative
changes to certain taxes and tax-related provisions; changing fiscal
disparities provisions, business subsidy provisions, and payments in lieu of
taxes; changing local government and property tax aids and credits; updating
references to the Internal Revenue Code; changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies,
exclusions, review and equalization, appeals, notices and statements, and other
property tax-related provisions; requiring state contracts be with vendors
registered to collect use taxes; modifying and authorizing local sales and lodging
taxes; changing the taxation of liquor and cigarettes and tobacco products;
imposing tobacco product delivery sales requirements; requiring registration of
tax shelters and providing for a voluntary compliance initiative; providing for
an international economic development zone; conveying certain powers and
providing tax incentives in the zone; changing job opportunity building zones,
border city development zones, and biotechnology and health sciences industry
zone provisions; changing provisions relating to economic development and
housing and redevelopment authorities; providing for training and conduct of
assessors; changing and imposing powers and duties on the commissioner of
revenue and other state agencies and departments and on certain political
subdivisions and certain officials; imposing certain duties on tax preparers;
changing provisions relating to certificates of title on manufactured homes;
changing electronic filing requirements; authorizing the issuance of certain
state bonds; specifying the status of certain trusts; changing and imposing
civil and criminal penalties; requiring studies and reports; allocating and
transferring funds; appropriating money; amending Minnesota Statutes 2004,
sections 16C.03, by adding a subdivision; 116J.993, by adding a subdivision;
116J.994, subdivisions 4, 5, 9, by adding a subdivision; 168A.05, by adding a
subdivision; 270C.02, subdivision 2, as added; 270C.27, subdivision 1, as
added; 270C.28, subdivision 2, as added; 270C.445, as added, by adding a subdivision;
272.02, subdivisions 7, 22, 64, as amended, 73, as added, by adding
subdivisions; 273.0755; 273.11, subdivision 1a, by adding subdivisions;
273.112, subdivision
3; 273.124, subdivision 1; 273.125, subdivision 8; 273.13, subdivisions 22, 25,
as amended; 274.01, subdivision 1; 275.025, subdivisions 3, 4; 275.065,
subdivisions 1a, 3, by adding subdivisions; 275.70, subdivision 5, as amended;
276.04, subdivision 2, as amended; 287.20, subdivisions 2, 9, by adding a
subdivision; 287.21, subdivision 1; 289A.02, subdivision 7; 289A.08,
subdivisions 1, 7, 13; 289A.11, subdivision 1; 289A.20, subdivisions 2, 4;
289A.26, subdivision 2a; 289A.38, by adding a subdivision; 289A.56, by adding a
subdivision; 289A.60, subdivisions 4, 6, as amended, 20, by adding subdivisions;
290.01, subdivisions 6b, 7, 19, as amended, 19a, as amended, 19b, as amended,
19c, as amended, 19d, 29, 31; 290.032, subdivisions 1, 2; 290.06, subdivisions
2c, by adding a subdivision; 290.067, subdivisions 1, 2a; 290.0671, subdivision
1; 290.0674, subdivision 2; 290.0675, subdivision 1; 290.091, subdivision 2;
290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 290.191, subdivisions 2,
3; 290.9705, subdivision 1; 290A.03, subdivisions 3, 15; 295.50, subdivision 3,
by adding a subdivision; 295.52, subdivision 4; 295.53, subdivision 1; 295.55,
subdivision 4; 296A.09, by adding a subdivision; 297A.61, subdivisions 3, as
amended, 4, as amended; 297A.67, subdivisions 6, 29, by adding a subdivision;
297A.68, subdivisions 2, as amended, 5, as amended, 35, 37, 38, by adding
subdivisions; 297A.70, subdivisions 8, 10; 297A.71, by adding subdivisions;
297A.75, subdivisions 1, as amended, 2, 3; 297A.99, subdivision 9, by adding a
subdivision; 297F.01, by adding a subdivision; 297F.09, by adding a subdivision;
297F.10, subdivision 1; 297I.01, subdivision 13a, as added, by adding a
subdivision; 297I.05, subdivision 4, by adding a subdivision; 298.01,
subdivisions 3, 4; 298.24, subdivision 1, as amended; 469.033, subdivision 6;
469.1082, by adding a subdivision; 469.169, by adding a subdivision; 469.310,
subdivision 11, as amended, by adding a subdivision; 469.316; 469.317; 469.337;
473F.02, subdivision 2; 473F.08, subdivision 3a; 477A.011, subdivision 36, as
amended; 477A.013, subdivision 8; 477A.03, subdivisions 2a, 2b, as amended;
477A.11, subdivision 4, by adding a subdivision; 477A.12, subdivisions 1, 2;
477A.14, subdivision 1; 501B.895, as added; Laws 1991, chapter 291, article 8,
section 27, subdivision 4, by adding a subdivision; Laws 1993, chapter 375, article
9, section 46, subdivisions 2, as amended, 3, as amended; Laws 1994, chapter
587, article 9, section 8, subdivision 1; Laws 1998, chapter 389, article 8,
section 43, subdivisions 3, 4, 5; Laws 2001, First Special Session chapter 5,
article 12, sections 44, 67, 95, as amended; Laws 2002, chapter 377, article 3,
section 4; Laws 2002, chapter 377, article 11, section 2, subdivisions 1, 4;
proposing coding for new law in Minnesota Statutes, chapters 174; 270C; 273;
289A; 295; 297A; 297F; 325F; 469; repealing Minnesota Statutes 2004, sections
272.02, subdivision 65; 477A.08.
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 123 yeas and 6
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Holberg
Jaros
Krinkie
Lesch
Olson
The bill was passed and its title agreed to.
H. F. No. 139 was reported to the House.
SUSPENSION
OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Bradley moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 139 be given its second
and third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
The question was taken on the Bradley motion and the roll was
called. There were 115 yeas and 14 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those
who voted in the negative were:
Anderson, B.
Anderson, I.
Buesgens
DeLaForest
Eken
Holberg
Knoblach
Krinkie
Mahoney
Olson
Peppin
Rukavina
Thao
Vandeveer
The motion prevailed.
Bradley moved that the rules of the House be so far suspended
that H. F. No. 139 be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 139 was read for the second time.
The Speaker called Abrams to the Chair.
Bradley and Huntley moved to amend H. F. No. 139 as follows:
Page 103, line 29, before "Sections" insert
"(a)"
Page 103, after line 30, insert:
"(b) The sections in this article are effective August
1, 2005, unless otherwise specified."
Page 304, line 14, delete "$20" and insert
"$12"
Page 316, line 10, delete everything after the first comma and
insert "effective with the biennium beginning July 1, 2007,"
Page 316, line 13, delete everything after "year"
Page 316, delete lines 14 and 15 and insert ", provided
that the amount transferred in any fiscal biennium shall not exceed
$96,000,000."
Page 445, line 8, reinstate the stricken "and"
Page 445, line 9, delete "; 2008"
Page 445, line 10, delete everything before the period
Page 445, line 11, strike everything after "(d)"
Page 445, strike lines 12 to 40
Page 445, line 41, strike "(e)"
The motion prevailed and the amendment was adopted.
Krinkie
and Buesgens moved to amend H. F. No. 139, as amended, as follows:
Delete article 4
Renumber the articles in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
CALL
OF THE HOUSE
On the motion of Olson and on the demand of 10 members, a call
of the House was ordered. The following
members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The Speaker resumed the Chair.
The question recurred on the Krinkie and Buesgens amendment and
the roll was called.
Paulsen moved that those not voting be excused from
voting. The motion prevailed.
There
were 51 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Bernardy
Blaine
Buesgens
Dean
DeLaForest
Dill
Dittrich
Eastlund
Eken
Erickson
Finstad
Garofalo
Goodwin
Hackbarth
Hamilton
Hilty
Holberg
Hoppe
Hortman
Hosch
Jaros
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lesch
Magnus
Mahoney
Marquart
Moe
Olson
Otremba
Peppin
Peterson, A.
Powell
Rukavina
Sailer
Seifert
Sertich
Severson
Smith
Solberg
Vandeveer
Westrom
Wilkin
Zellers
Those who voted in the negative were:
Abeler
Abrams
Atkins
Beard
Bradley
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dorn
Ellison
Entenza
Erhardt
Fritz
Greiling
Gunther
Hansen
Hausman
Hilstrom
Hornstein
Huntley
Johnson, R.
Johnson, S.
Kelliher
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Samuelson
Scalze
Sieben
Simon
Simpson
Slawik
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Olson moved to amend H. F. No. 139, as amended, as follows:
Page 375, line 8, before the period, insert ", and
expires July 1, 2007"
The motion did not prevail and the amendment was not adopted.
Eken moved to amend H. F. No. 139, as amended, as follows:
Page 413, after line 11, insert:
"Sec. 78.
Minnesota Statutes 2004, section 290.17, subdivision 4, is amended to
read:
Subd. 4. [UNITARY
BUSINESS PRINCIPLE.] (a) If a trade or business conducted wholly within this
state or partly within and partly without this state is part of a unitary
business, the entire income of the unitary business is subject to apportionment
pursuant to section 290.191.
Notwithstanding subdivision 2, paragraph (c), none of the income of a
unitary business is considered to be derived from any particular source and
none may be allocated to a particular place except as
provided by the applicable apportionment formula. The provisions of this subdivision do not apply to business
income subject to subdivision 5, income of an insurance company, or income of
an investment company determined under section 290.36.
(b) The term "unitary business" means business
activities or operations which result in a flow of value between them. The term may be applied within a single
legal entity or between multiple entities and without regard to whether each
entity is a sole proprietorship, a corporation, a partnership or a trust.
(c) Unity is presumed whenever there is unity of ownership,
operation, and use, evidenced by centralized management or executive force,
centralized purchasing, advertising, accounting, or other controlled
interaction, but the absence of these centralized activities will not
necessarily evidence a nonunitary business.
Unity is also presumed when business activities or operations are of
mutual benefit, dependent upon or contributory to one another, either
individually or as a group.
(d) Where a business operation conducted in Minnesota is owned
by a business entity that carries on business activity outside the state
different in kind from that conducted within this state, and the other business
is conducted entirely outside the state, it is presumed that the two business
operations are unitary in nature, interrelated, connected, and interdependent
unless it can be shown to the contrary.
(e) Unity of ownership is not deemed to exist when a
corporation is involved unless that corporation is a member of a group of two
or more business entities and more than 50 percent of the voting stock of each
member of the group is directly or indirectly owned by a common owner or by
common owners, either corporate or noncorporate, or by one or more of the
member corporations of the group. For
this purpose, the term "voting stock" shall include membership
interests of mutual insurance holding companies formed under section 60A.077.
(f) The net income and apportionment factors under section 290.191
or 290.20 of foreign corporations and other foreign entities which are part of
a unitary business shall not be included in the net income or the apportionment
factors of the unitary business. A
foreign corporation or other foreign entity which is required to file a return
under this chapter shall file on a separate return basis. The net income and apportionment factors
under section 290.191 or 290.20 of foreign operating corporations shall not be
included in the net income or the apportionment factors of the unitary business
except as provided in paragraph (g).
(g) Sixty-five percent of the adjusted net income of a
foreign operating corporation shall be deemed to be paid as a dividend on the
last day of its taxable year to each shareholder thereof, in proportion to each
shareholder's ownership, with which such corporation is engaged in a unitary
business. Such deemed dividend shall be
treated as a dividend under section 290.21, subdivision 4.
Dividends actually paid by a foreign operating corporation to a
corporate shareholder which is a member of the same unitary business as the
foreign operating corporation shall be eliminated from the net income of the
unitary business in preparing a combined report for the unitary business. The adjusted net income of a foreign
operating corporation shall be its net income adjusted as follows:
(1) any taxes paid or accrued to a foreign country, the
commonwealth of Puerto Rico, or a United States possession or political
subdivision of any of the foregoing shall be a deduction; and
(2) the subtraction from federal taxable income for payments
received from foreign corporations or foreign operating corporations under
section 290.01, subdivision 19d, clause (10), shall not be allowed.
If a foreign operating corporation incurs a net loss, neither
income nor deduction from that corporation shall be included in determining the
net income of the unitary business.
(h)
For purposes of determining the net income of a unitary business and the
factors to be used in the apportionment of net income pursuant to section
290.191 or 290.20, there must be included only the income and apportionment
factors of domestic corporations or other domestic entities other than foreign
operating corporations that are determined to be part of the unitary business
pursuant to this subdivision, notwithstanding that foreign corporations or
other foreign entities might be included in the unitary business.
(i) Deductions for expenses, interest, or taxes otherwise
allowable under this chapter that are connected with or allocable against
dividends, deemed dividends described in paragraph (g), or royalties, fees, or
other like income described in section 290.01, subdivision 19d, clause (10),
shall not be disallowed.
(j) Each corporation or other entity, except a sole
proprietorship, that is part of a unitary business must file combined reports
as the commissioner determines. On the
reports, all intercompany transactions between entities included pursuant to
paragraph (h) must be eliminated and the entire net income of the unitary
business determined in accordance with this subdivision is apportioned among
the entities by using each entity's Minnesota factors for apportionment
purposes in the numerators of the apportionment formula and the total factors
for apportionment purposes of all entities included pursuant to paragraph (h)
in the denominators of the apportionment formula.
(k) If a corporation has been divested from a unitary business
and is included in a combined report for a fractional part of the common
accounting period of the combined report:
(1) its income includable in the combined report is its income
incurred for that part of the year determined by proration or separate
accounting; and
(2) its sales, property, and payroll included in the
apportionment formula must be prorated or accounted for separately."
Page 275, line 2, delete "2.2553" and insert
"5.0"
Page 275, line 6, delete "1.2553" and insert
"4.0"
Page 433, after line 32, insert:
"Amounts
necessary to fund rate increases of 2.75 percent in article 7, section 33 of
this act are appropriated from the general fund to the commissioner of human
services. This amount is in addition to
other appropriations in this subdivision."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Eken moved to amend the Eken amendment to H. F. No. 139, as
amended, as follows:
Page 1, delete lines 2 to 24
Delete pages 2 and 3
Page 4, delete lines 1 to 21 and lines 24 to 31 and insert:
"Page 275, after line 7, insert:
"Of the rate increases in this paragraph, the amount
necessary to fund an increase of 2.75 percent each year must be funded out of
the cash flow account created in section 16A.152. Amounts needed to fund the rate increases are appropriated from
the cash flow account to the commissioner of human services.""
A roll call was requested and properly seconded.
CALL
OF THE HOUSE LIFTED
Entenza moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Paulsen 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.
The Eken amendment to the Eken amendment to H. F. No. 139, as
amended, was again reported to the House.
The question was taken on the Eken amendment to the Eken
amendment and the roll was called.
There were 59 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Fritz
Goodwin
Greiling
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Latz
Lesch
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Erhardt
Erickson
Finstad
Garofalo
Gunther
Hackbarth
Holberg
Hoppe
Huntley
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
McNamara
Meslow
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment to the amendment
was not adopted.
Eken withdrew his amendment to H. F. No. 139, as amended.
Bradley and Huntley moved to amend H. F. No. 139, as amended,
as follows:
Page 161, line 53, after the period, insert "House File
No. 138, article 11, section 6, if enacted in the 2005 First Special Session,
is repealed."
The motion prevailed and the amendment was adopted.
H. F. No. 139, as amended, was read for the third time.
CALL
OF THE HOUSE
On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Mariani was excused for the remainder
of today's session.
MOTIONS
FOR RECONSIDERATION
Bradley moved that the action whereby
H. F. No. 139, as amended, was given its third reading be now
reconsidered. The motion prevailed.
Bradley moved that the vote whereby the second Bradley and
Huntley amendment to H. F. No. 139, as amended, was adopted be
now reconsidered. The motion prevailed.
The second Bradley and Huntley amendment to H. F. No. 139, as
amended, was again reported to the House as further modified as follows:
Page 161, line 53, after the period, insert "House File
No. 138, article 11, section 6, if enacted in the 2005 First Special Session,
is repealed effective upon final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 139, A bill for an act relating to the operation of
state government; making changes to health and human services programs;
modifying human services policy; modifying health policy; changing licensing
provisions; changing provisions for mental and chemical health; establishing
treatment foster care and transitional youth intensive rehab mental health
services; enhancing family support; providing training for child care providers
and hospitals on dangers of shaking infants and children; establishing
long-term homeless supportive services; establishing the tobacco health impact
fee; establishing a cancer drug repository program; establishing a health
information technology and infrastructure advisory committee and a rural
pharmacy planning and transition grant program; establishing a statewide trauma
system and trauma registry; changing long-term care provisions and establishing
a partnership; establishing a nursing facility reimbursement system; modifying
health care programs; changing certain fees; appropriating money; amending
Minnesota Statutes 2004, sections 13.46, subdivision 4, as amended; 16A.724;
62J.692, subdivision 3, as amended; 62Q.251, as added; 62Q.37, subdivision 7;
103I.101, subdivision 6; 103I.208, subdivisions 1, as amended, 2, as amended;
103I.235, subdivision 1; 103I.601, subdivision 2; 119B.13, subdivision 1, by
adding a subdivision; 144.122, as amended; 144.147, subdivisions 1, 2; 144.148,
subdivision 1; 144.1483; 144.1501, subdivisions 1, 2, 3, 4; 144.226,
subdivisions 1, as amended, 4, as amended, by adding subdivisions; 144.3831,
subdivision 1; 144.551, subdivision 1; 144.562, subdivision 2; 144.9504,
subdivision 2; 144.98, subdivision 3; 144A.073, subdivision 10, by adding a
subdivision; 144E.101, by adding a subdivision; 145.4242; 145.56, subdivisions
2, 5; 145.9268; 147A.08; 148D.220, subdivision 8, as added; 150A.22; 157.011,
by adding a subdivision; 157.15, by adding a subdivision; 157.16, subdivisions
2, 3, by adding subdivisions; 157.20, subdivisions 2, 2a; 241.01, by adding a
subdivision; 243.166, subdivisions 4b, as added, 7, as amended; 245.4661,
subdivisions 2, 6, by adding a subdivision; 245.4874, as amended; 245.4885,
subdivisions 1, 2, by adding a subdivision; 245A.02, subdivision 17; 245A.03,
subdivisions 2, 3; 245A.035, subdivisions 1, 5; 245A.04, subdivisions 7, 13;
245A.06, by adding a subdivision; 245A.07, subdivisions 1, 3, by adding a
subdivision; 245A.08, subdivisions 2a, 5; 245A.10, subdivisions 4, 5; 245A.14,
by adding subdivisions; 245A.144; 245A.16, subdivisions 1, 4; 245A.18; 245B.02,
subdivision 10; 245B.055, subdivision 7; 245B.07, subdivision 8; 245C.03,
subdivision 1; 245C.07; 245C.08, subdivisions 1, 2; 245C.10, subdivisions 2, 3;
245C.15, subdivisions 1, as amended, 2, 3, 4; 245C.21, subdivision 2; 245C.22,
subdivisions 3, 4, 7, as added; 245C.23, subdivision 1; 245C.24, subdivisions
2, as amended, 3; 245C.27, subdivision 1; 245C.28, subdivision 3; 245C.30,
subdivisions 1, 2; 245C.32, subdivision 2; 246.0136, subdivision 1; 246.13, as
amended; 252.27, subdivision 2a; 253.20; 254A.035, subdivision
2; 254A.04; 256.01, subdivision 2, by adding subdivisions; 256.019, subdivision
1; 256.045, subdivisions 3, as amended, 3a; 256.046, subdivision 1; 256.741,
subdivision 4; 256.9657, by adding a subdivision; 256.969, subdivisions 3a, 9,
26, by adding a subdivision; 256.975, subdivision 9; 256B.02, subdivision 12;
256B.04, by adding a subdivision; 256B.055, by adding a subdivision; 256B.056,
subdivisions 5, 5a, 5b, 7, by adding subdivisions; 256B.057, subdivision 9;
256B.0575; 256B.06, subdivision 4; 256B.0621, subdivisions 2, 3, 4, 5, 6, 7, by
adding a subdivision; 256B.0622, subdivision 2; 256B.0625, subdivisions 2, 3a,
9, 13, 13a, 13c, 13d, 13e, as amended, 13f, as amended, 17, 19c, by adding
subdivisions; 256B.0627, subdivisions 1, as amended, 4, 5, as amended, 9, by
adding a subdivision; 256B.0631, subdivisions 1, 3; 256B.075, subdivision 2;
256B.0911, subdivision 1a; 256B.0913, subdivisions 2, 4, 5, 5a; 256B.0916, by
adding a subdivision; 256B.0924, subdivision 3; 256B.093, subdivision 1;
256B.0943, subdivision 3; 256B.095; 256B.0951, subdivision 1; 256B.0952,
subdivision 5; 256B.0953, subdivision 1; 256B.15, subdivisions 1, 4, by adding
subdivisions; 256B.19, subdivisions 1, 1c; 256B.195, subdivision 3; 256B.431,
by adding subdivisions; 256B.432, subdivisions 1, 2, 5, by adding subdivisions;
256B.434, subdivisions 3, 4, by adding a subdivision; 256B.49, subdivision 16;
256B.5012, by adding a subdivision; 256B.69, subdivisions 4, 23; 256D.03,
subdivisions 3, as amended, 4; 256D.045; 256D.06, subdivisions 5, 7; 256D.44,
subdivision 5; 256I.05, subdivision 1e; 256I.06, by adding a subdivision;
256J.37, subdivision 3b; 256J.515; 256L.01, subdivisions 4, 5; 256L.03,
subdivisions 1, 1b, 5; 256L.035; 256L.04, subdivision 2, by adding
subdivisions; 256L.05, subdivisions 2, 3, 3a, by adding a subdivision; 256L.06,
subdivision 3; 256L.07, subdivisions 1, as amended, 3, by adding subdivisions;
256L.12, by adding a subdivision; 256L.15, subdivisions 2, as amended, 3, by
adding a subdivision; 256L.17, by adding a subdivision; 256M.40, subdivision 2;
260.835; 260B.163, subdivision 6; 260C.163, subdivision 5; 295.582, as amended;
297F.185; 299C.093, as amended; 325D.32, subdivision 9; 326.42, subdivision 2;
471.61, by adding a subdivision; 514.981, subdivision 6; 518.165, by adding
subdivisions; 549.02, by adding a subdivision; 549.04; 609A.03, subdivision 7,
as amended; 626.556, subdivision 10i, as amended; 626.557, subdivisions 9d, 14,
as amended; 641.15, subdivision 2; Laws 2003, First Special Session chapter 14,
article 12, section 93; Laws 2003, First Special Session chapter 14, article
13C, section 2, subdivision 6; Laws 2005, chapter 107, article 1, section 6;
Laws 2005, chapter 159, article 1, section 14; proposing coding for new law in
Minnesota Statutes, chapters 16A; 62J; 144; 145; 151; 245A; 245C; 256; 256B;
256K; 641; repealing Minnesota Statutes 2004, sections 119B.074, as amended;
144.1486; 144.1502; 157.215; 256.955; 256B.075, subdivision 5; 256D.54,
subdivision 3; 256L.04, subdivision 11; 256M.40, subdivision 2; 514.991;
514.992; 514.993; 514.994; 514.995; Laws 2003, First Special Session chapter
14, article 9, section 34; Laws 2005, chapter 107, article 2, section 51.
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.
Pursuant to rule 2.05, Olson stated his
reasons for declining to vote on final passage of H. F. No. 139, as amended.
The Speaker submitted to the House the question "Shall the
member, for the reasons stated, be excused from voting?" The motion prevailed and Olson was excused
from voting on final passage of H. F. No.
139, as amended.
There were 88 yeas and 40 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Beard
Blaine
Bradley
Brod
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Poppe
Ruth
Ruud
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Slawik
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westerberg
Westrom
Spk. Sviggum
Those who
voted in the negative were:
Anderson, B.
Anderson, I.
Atkins
Bernardy
Buesgens
Carlson
Charron
Dean
DeLaForest
Dill
Eken
Hackbarth
Hilstrom
Hilty
Holberg
Jaros
Johnson, J.
Klinzing
Kohls
Krinkie
Lesch
Mahoney
Marquart
Moe
Mullery
Nelson, M.
Peppin
Peterson, S.
Powell
Rukavina
Sailer
Sertich
Sieben
Smith
Solberg
Thao
Vandeveer
Walker
Wilkin
Zellers
The bill was passed, as amended, and its title agreed to.
H. F. No. 141 was reported to the House.
SUSPENSION OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Sykora moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 141 be given its second
and third readings and be placed upon its final passage. The motion prevailed.
Sykora moved that the rules of the House be so far suspended
that H. F. No. 141 be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 141 was read for the second time.
The Speaker called Newman to the Chair.
Sykora moved to amend H. F. No. 141 as follows:
Page 31, line 29, delete "229.24" and insert
"298.24"
Page 60, after line 22, insert:
"Sec. 15.
Minnesota Statutes 2004, section 120B.13, is amended by adding a
subdivision to read:
Subd.
3a. [COLLEGE CREDIT.] The
colleges and universities of the Minnesota State Colleges and Universities
system must award, and the University of Minnesota and private postsecondary
institutions are encouraged to award, college credit to high school students
who receive a score of three or higher on an advanced placement or four or
higher on the international baccalaureate program examination."
Page 60, line 25, after "Subdivision 1."
insert "[PROGRAM STRUCTURE.] The College-Level Examination Program
(CLEP) offered by the College Board provides students with the opportunity to
demonstrate college-level achievement and receive college credit or advanced
standing through a program of examinations in undergraduate college
courses. Schools must provide
information about CLEP and the opportunity to receive college credit from a
Minnesota postsecondary institution to students successfully completing a
college-level course.
Subd. 2."
Page 61, line 2, delete "2" and insert "3"
Page 127, line 30, delete "$375,000" and
insert "at least $500,000"
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Speaker pro tempore Newman called Abrams to the Chair.
CALL
OF THE HOUSE LIFTED
Buesgens moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Vandeveer moved to amend H. F. No. 141, as amended, as follows:
Page 16, delete sections 16 and 17 and insert:
"Section 1.
Minnesota Statutes 2004, section 126C.10, subdivision 2, is amended to
read:
Subd. 2. [BASIC
REVENUE.] (a) The basic revenue for each district equals the formula
allowance times the adjusted marginal cost pupil units for the school
year. The formula allowance for
fiscal year 2001 is $3,964. The formula
allowance for fiscal year 2002 is $4,068.
The formula allowance for fiscal year 2003 and subsequent years is
$4,601.
(b) The revenue in paragraph (a) is increased by the
district's adjusted marginal cost pupil units for the school year times $315
for fiscal year 2006 and by $590 for fiscal year 2007 and later. The increase in revenue under this paragraph
applies only for general education basic revenue and does not affect any other
school formula. At least 70 percent of
the revenue received under this paragraph must be spent on regular classroom
instruction as defined in the uniform financial and accounting standards used
for school accounting.
(c)
To obtain revenue under paragraph (b) for fiscal year 2007 and later, a
district may levy an amount not more than the product of its new revenue under
paragraph (b) for the fiscal year times the lesser of one, or the ratio of (1)
its adjusted net tax capacity per adjusted marginal cost pupil unit to (2)
$15,363 for fiscal year 2007 and $11,500 for fiscal year 2008 and later.
(d) For fiscal year 2006, a district's revenue under
paragraph (b) is provided entirely in state aid. For fiscal year 2007 and later, a district's aid under paragraph
(b) equals the revenue under paragraph (b) minus its levy under paragraph (c)
times the rate of the actual amount levied to the permitted levy.
[EFFECTIVE DATE.] This
section is effective for revenue for fiscal year 2006."
Page 17, delete sections 18 and 19
Page 18, delete sections 20 and 21
Page 19, delete section 22
Page 20, delete section 23
Page 21, delete section 24
Page 22, delete section 25
Page 23, delete section 27
Page 24, delete sections 28 and 29
Page 25, delete section 30
Page 27, delete section 31
Page 32, delete section 35
Page 34, delete section 36
Page 35, delete section 37
Page 45, delete sections 49 and 50
Page 46, delete sections 51, 52, and 53
Page 47, after line 7, insert:
"Sec. 54.
[APPROPRIATION MODIFICATION.]
The commissioner of education must reduce any appropriations
contained in articles 1 to 6 and 10 of this act in excess of the February 2005
estimate of base budget revenue for fiscal years 2006 and 2007."
Page 47, line 17, delete "$5,136,578,000" and
insert "$5,264,205,000"
Page 47, line 18, delete "$5,390,196,000" and
insert "$5,478,765,000"
Page
47, line 20, delete "$4,351,600,000" and insert "$4,479,227,000"
Page 47, line 21, delete "$817,588,000" and
insert "$829,342,000"
Page 47, line 22, delete "$4,572,608,000" and
insert "$4,649,423,000"
Page 49, delete lines 13 to 30
Page 77, delete section 38
Page 78, delete section 39
Page 83, delete sections 40 and 41
Page 85, delete section 42
Page 89, delete section 46
Page 90, delete section 47
Page 91, delete section 48
Page 140, delete section 12
Page 151, delete section 7
Page 158, delete section 15
Page 168, delete lines 2 to 22
Renumber subsequent clauses in sequence
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
H. F. No. 141, A bill for an act relating to the operation and
financing of government; providing for early childhood, adult, family, and
kindergarten through grade 12 education including general education, education
excellence, special programs, facilities and technology, nutrition and
accounting, libraries, early childhood education, prevention, self-sufficiency
and lifelong learning, state agencies, and technical and conforming amendments;
reestablishing statutory authority for the Humanities Commission; authorizing
certain nonprofit contracts; reimbursing local governments; authorizing certain
state agencies and constitutional officers to carry forward unencumbered
balances for fiscal year 2005; appropriating money for lets go fishing to
promote opportunities for fishing in the state; authorizing rulemaking;
providing for reports; appropriating money; amending Minnesota Statutes 2004,
sections 13.32, subdivision 8; 13.321, by adding a subdivision; 119A.46,
subdivisions 1, 2, 3, 8; 120A.05, by adding a subdivision; 120A.22, subdivision
12; 120B.02; 120B.021, by adding a subdivision; 120B.11, subdivisions 1, 2, 3,
4, 5, 8; 120B.13, subdivisions 1, 3, by adding a subdivision; 120B.22,
subdivision 1; 120B.30, subdivisions 1, 1a, by adding a subdivision; 120B.31,
subdivision 4; 121A.03, subdivision 1; 121A.06, subdivisions 2, 3; 121A.15,
subdivision 3; 121A.17, subdivisions 1, 5; 121A.19; 121A.41, subdivision 10;
121A.47, subdivision 14; 121A.53; 121A.66, subdivision 5, by adding
subdivisions; 121A.67; 122A.06, subdivision 4; 122A.12, subdivision 2; 122A.18,
subdivision 2a; 122A.33; 122A.40, subdivision 5, as amended; 122A.41,
subdivisions 2, as amended, 5a, 14; 122A.413; 122A.414; 122A.415, subdivisions
1, 3; 122A.60, subdivision 1, by adding subdivisions; 123A.05, subdivision 2;
123B.02, by adding subdivisions; 123B.04, subdivisions 1, 2; 123B.42, by adding
a subdivision; 123B.49, subdivision 4; 123B.492; 123B.53, subdivision 1;
123B.54; 123B.59, subdivisions 3, 3a; 123B.63, subdivision 2; 123B.71,
subdivisions 8, 9, 12; 123B.75, subdivision 5, by adding a subdivision;
123B.76, subdivision 3; 123B.79, subdivision 6; 123B.81, subdivision 1;
123B.82; 123B.83, subdivision 2; 123B.88, by adding a subdivision; 123B.92,
subdivisions 1, 5; 124D.09, subdivision 12; 124D.095, subdivisions 2, 4, 8, by
adding a subdivision; 124D.10, subdivisions 4, 6, 15, 23; 124D.11, subdivisions
1, 2, 5, 6; 124D.111, subdivisions 1, 2; 124D.118, subdivision 4; 124D.135,
subdivisions 1, 5; 124D.15, subdivisions 1, 3, 5, 10, 12, by adding
subdivisions; 124D.16, subdivisions 2, 3; 124D.20, subdivisions 3, 5; 124D.40;
124D.454, subdivision 5; 124D.52, subdivision 3; 124D.531, subdivisions 1, 4;
124D.66, subdivision 3; 124D.68, subdivision 9; 124D.69, subdivision 1;
124D.74, subdivision 1; 124D.81, subdivision 1; 124D.84, subdivision 1;
125A.11, subdivision 1; 125A.24; 125A.28; 125A.51; 125A.76, subdivision 4;
125A.79, subdivisions 1, 6; 126C.01, subdivision 11; 126C.05, by adding a
subdivision; 126C.10, subdivisions 1, 2, 13, 13a, 24, 31, by adding subdivisions;
126C.13, subdivision 4; 126C.15, subdivisions 2, 3; 126C.17, subdivisions 2, 5,
7, 9, 13; 126C.21, subdivision 4; 126C.40, subdivision 1; 126C.43, subdivisions
2, 3; 126C.457; 126C.48, subdivisions 2, 8; 126C.63, subdivisions 5, 8;
127A.41, subdivision 8; 127A.45, subdivisions 2, 10, 11, 12, 13, 14, 16;
127A.47, subdivisions 7, 8; 127A.49, subdivisions 2, 3; 128C.05, by adding a
subdivision; 128C.12, subdivisions 1, 3; 128D.11, subdivision 9; 134.31, by
adding a subdivision; 179A.03, subdivision 14, as amended; 260C.201,
subdivision 1, as amended; 275.14; 275.16; 469.177, subdivision 9; 475.61,
subdivision 4; Laws 1996, chapter 412, article 5, section 24; Laws 2003, First
Special Session chapter 9, article 3, section 20, subdivision 6, as amended;
Laws 2003, First Special Session chapter 9, article 4, section 29, as amended;
proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A;
123A; 123B; 124D; 125B; 127A; 129C; 138; 171; repealing Minnesota Statutes
2004, sections 122A.415, subdivision 2; 123B.83, subdivision 1; 124D.095,
subdivision 9; 124D.15, subdivisions 2, 4, 6, 7, 8, 9, 11, 13; 124D.16,
subdivisions 1, 4; 125A.75, subdivision 8; 126C.42, subdivisions 1, 4; 128C.12,
subdivision 4.
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 122 yeas and 8
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, B.
Buesgens
Hilty
Knoblach
Krinkie
Olson
Thao
Vandeveer
The bill was passed, as amended, and its title agreed to.
H. F. No. 140 was reported to the House.
SUSPENSION OF RULES
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Holberg moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 140 be given its second
and third readings and be placed upon its final passage. The motion prevailed.
Holberg moved that the rules of the House be so far suspended
that H. F. No. 140 be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 140 was read for the second time.
Holberg moved to amend H. F. No. 140 as follows:
Page 134, line 21, delete "August 1, 2005" and
insert "January 1, 2006"
Page 135, line 15, delete "August 1, 2005" and
insert "January 1, 2006"
The motion prevailed and the amendment was adopted.
H. F. No. 140, A bill for an act relating to appropriations;
appropriating money for transportation, Metropolitan Council, and public safety
activities; providing for general contingent accounts and tort claims;
providing for various fees and accounts; allocating county state-aid highway
funds; modifying provisions related to state mail, state highways and bridges,
county state-aid highways, town road signs, railroad grade crossings and
operations, traffic fine allocations, commercial motor vehicles, day activity
center buses, vehicle registration plates and other motor vehicle provisions,
driver and vehicle data practices, deputy motor vehicle registrars, state
aviation, bridges in smaller cities, weight limits on highways and other
traffic regulations, drivers' licenses and permits, the Commuter Rail
Corridor Coordinating Committee, Roussain Cemetery, wetland replacement near
the city of Cologne, the employment status of public safety radio
communications operators, the insurance verification sampling program, maximum
train speeds in the city of Orr, a restriction on ethanol requirements, and
bicycle programs; requiring studies and reports; making technical and
clarifying revisions; amending Minnesota Statutes 2004, sections 13.44,
subdivision 3; 16B.49; 115A.908, subdivision 1; 161.14, subdivision 25, by
adding subdivisions; 161.361, subdivision 2; 161.368; 162.02, subdivisions 2,
3a; 162.06, subdivision 2; 162.08, subdivision 3; 162.09, subdivisions 2, 3a;
162.14, subdivision 6; 168.011, subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding
subdivisions; 168.012, subdivision 1, as amended; 168.013, subdivision 8;
168.031; 168.09, subdivision 7; 168.091, subdivision 1; 168.10, subdivision 1c;
168.105, subdivisions 2, 3, 5; 168.12; 168.123; 168.1235; 168.124; 168.125;
168.1255; 168.127, subdivision 6; 168.128; 168.129; 168.1291; 168.1293;
168.1296; 168.1297; 168.15, subdivision 1; 168.16; 168.185; 168.27, subdivision
11; 168.31, subdivision 5; 168.33, as amended; 168.345, subdivisions 1, 2;
168.381; 168.54, subdivisions 4, 5; 168A.152, subdivision 2; 168A.20, by adding
a subdivision; 168A.29; 168A.31; 169.01, subdivisions 75, 76, 78; 169.06,
subdivisions 5, 6; 169.09, subdivision 13; 169.14, subdivision 2, by adding a
subdivision; 169.18, subdivisions 4, 5, 11, as amended; 169.28, subdivision 2;
169.448, by adding a subdivision; 169.522; 169.81, subdivision 3c; 169.8261;
169.851, subdivision 5; 169.86, subdivision 5; 169.99, subdivision 1b; 169A.52,
subdivision 3; 169A.60, subdivision 16; 171.01, subdivisions 22, 35, 47, by
adding a subdivision; 171.02; 171.03; 171.04, subdivision 2; 171.05,
subdivisions 1, 2, 2b; 171.055, subdivision 2; 171.06, subdivisions 2, 2a;
171.061, subdivision 4; 171.07, subdivision 11; 171.09, as amended; 171.12,
subdivisions 3, 6; 171.13, subdivisions 2, 6, by adding a subdivision; 171.165,
subdivisions 1, 2, 6; 171.17, subdivision 1; 171.18, subdivision 1; 171.20,
subdivision 4, as amended; 171.26, as amended; 171.29, subdivision 2; 171.30,
subdivision 1; 171.36; 174.50, by adding a subdivision; 174.86, subdivision 5;
179A.03, subdivision 7, as amended; 179A.10, subdivision 2; 192.502,
subdivision 2; 197.65; 219.166; 219.567; 299D.03, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapters 160; 162; 168; 171; 219;
299A; repealing Minnesota Statutes 2004, sections 168.011, subdivision 19;
168.012, subdivision 12; 168.041, subdivision 11; 168.105, subdivision 6;
168.15, subdivision 2; 168.231; 168.345, subdivisions 3, 4; 168.831; 168.832;
168.833; 168.834; 168.835; 168.836; 168.837; 168C.01; 168C.02; 168C.03;
168C.04; 168C.05; 168C.06; 168C.07; 168C.08; 168C.09; 168C.10; 168C.11; 168C.12;
168C.13; 170.23; 171.12, subdivision 8; 171.165, subdivisions 3, 4, 4a, 4b;
171.185; 473.408, subdivision 1; Minnesota Rules, parts 7407.0100; 7407.0200;
7407.0300; 7407.0400; 7407.0500; 7407.0600; 7407.0700; 7407.0800; 7407.0900;
7407.1000; 7407.1100; 7407.1200; 7407.1300; 7503.2400; 7800.0600; 7800.3200,
subpart 1; 7805.0700; 8850.6900, subpart 20; 8855.0500, subpart 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 116 yeas and 14
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson,
N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
DeLaForest
Eken
Hilty
Hosch
Jaros
Juhnke
Knoblach
Krinkie
Marquart
Olson
Rukavina
Sertich
Thao
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
SUSPENSION
OF RULES
Meslow moved that the Rules of the House be so far suspended
that H. F. No. 53 be recalled from the Committee on Rules and
Legislative Administration, be given its second and third readings and be
placed upon its final passage. The
motion prevailed.
H. F. No. 53 was reported to the House.
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Meslow moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 53 be given its second and
third readings and be placed upon its final passage. The motion prevailed.
H. F. No. 53 was read for the second time.
Meslow and Simon moved to amend H. F. No. 53 as follows:
Page 5, after line 42, insert:
"Sec. 6. [CORR05-7]
2005 S. F. No. 917, section 2, if enacted, is amended to read:
Sec. 2.
[APPROPRIATIONS; COMMUNITY HEALTH AND FAMILY PROMOTION.]
$2,500,000 is appropriated from the general fund to the
commissioner of health for positive abortion alternatives under new Minnesota
Statutes, section 127A.145 145.4235. Of this amount, $50,000 is available for the fiscal year ending
June 30, 2006, and $100,000 is available for the fiscal year ending June 30,
2007, for administrative costs of implementing the grant program. The balance of the appropriation is
available for the fiscal year ending June 30, 2007. The base funding for fiscal years 2008 and 2009 is $2,500,000 per
year.
Sec. 7. [CORR05-8] 2005
H. F. No. 1, article 1, section 1, if enacted, is amended to read:
Section 1. [PUBLIC SAFETY APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this article, to be available for the fiscal
years indicated for each purpose. The
figures "2006" and "2007" where used in this article, mean
that the appropriation or appropriations listed under them are available for
the year ending June 30, 2006, or June 30, 2007, respectively. The term "first year" means the
fiscal year ending June 30, 2006, and the term "second year" means
the fiscal year ending June 30, 2007.
SUMMARY
BY FUND
2006
2007 TOTAL
General
$835,043,000 $849,704,000 $1,684,747,000
State Government Special
Revenue
43,662,000 44,415,000 88,077,000
44,375,000 44,642,000 89,017,000
Environmental
49,000 49,000 98,000
Special Revenue
5,634,000 5,493,000 11,127,000
Trunk Highway
392,000 362,000 754,000
Bond Proceeds
62,500,000
-0- 62,500,000
TOTAL
$ 947,280,000 $900,023,000
$1,847,303,000
947,993,000 900,250,000 1,848,243,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 8. [CORR05-8A]
2005 H. F. No. 1, article 1, section 9, subdivision 1, if enacted, is amended
to read:
Subdivision 1. Total
Appropriation
188,774,000 126,747,000
189,487,000 126,974,000
Summary by Fund
General
81,581,000 81,332,000
Special Revenue 590,000 589,000
State Government
Special Revenue
43,662,000 44,415,000
44,375,000 44,642,000
Environmental
49,000 49,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Trunk Highway
392,000 362,000
Bond Proceeds 62,500,000 -0-
[APPROPRIATIONS FOR PROGRAMS.] The amounts
that may be spent from this appropriation for each program are specified in the
following subdivisions.
Sec. 9. [CORR05-8B] 2005 H. F. No. 1, article 1, section 9,
subdivision 7, if enacted, is amended to read:
Subd. 7. 911 Emergency
Services/ARMER
43,655,000 44,408,000
44,368,000 44,635,000
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
[PRIOR 911 OBLIGATIONS.] $3,442,000 the first
year and $3,064,000 the second year are to fund a deficiency due to prior year
obligations under Minnesota Statutes, section 403.11, that were estimated in
the December 2004 911 fund statement to be $6,504,700 on July 1, 2005. "Prior year obligations" means
reimbursable costs under Minnesota Statutes, section 403.11, subdivision 1,
incurred under the terms and conditions of a contract with the state for a
fiscal year preceding fiscal year 2004, that have been certified in a timely
manner in accordance with Minnesota Statutes, section 403.11, subdivision 3a,
and that are not barred by statute of limitation or other defense. The appropriations needed for this purpose
are estimated to be none in fiscal year 2008 and thereafter.
[PUBLIC SAFETY ANSWERING POINTS.] $13,640,000
the first year and $13,664,000 the second year are to be distributed as
provided in Minnesota Statutes, section 403.113, subdivision 2. This appropriation may only be used for
public safety answering points that have implemented phase two wireless
enhanced 911 service or whose governmental agency has made a binding commitment
to the commissioner of public safety to implement phase two wireless enhanced
911 service by January 1, 2008. If
revenue to the account is insufficient to support all appropriations from the
account for a fiscal year, this appropriation takes priority over other
appropriations, except the open appropriation in Minnesota Statutes, section
403.30, subdivision 1, for debt service on bonds previously sold.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[MEDICAL RESOURCE COMMUNICATION CENTERS.]
$682,000 the first year and $683,000 the second year are for grants to the
Minnesota Emergency Medical Services Regulatory Board for the Metro East and
Metro West Medical Resource Communication Centers that were in operation before
January 1, 2000.
[800 MEGAHERTZ DEBT SERVICE.] $6,138,000 the
first year and $6,149,000 the second year are to the commissioner of finance to
pay debt service on revenue bonds issued under Minnesota Statutes, section
403.275. Any portion of this
appropriation not needed to pay debt service in a fiscal year may be used by
the commissioner of public safety to pay cash for any of the capital
improvements for which bond proceeds have been appropriated in subdivision 8.
[METROPOLITAN COUNCIL DEBT SERVICE.]
$1,405,000 the first year and $1,410,000 the second year are to the
commissioner of finance for payment to the Metropolitan Council for debt
service on bonds issued under Minnesota Statutes, section 403.27.
[800 MEGAHERTZ IMPROVEMENTS.] $1,323,000 each
year is for the Statewide Radio Board for costs of design, construction,
maintenance of, and improvements to those elements of the first, second, and
third phases that support mutual aid communications and emergency medical services,
and for recurring charges for leased sites and equipment for those elements of
the first, second, and third phases that support mutual aid and emergency
medical communication services.
Sec. 10. [CORRSS-1A]
Laws 2005, chapter 136, article 1, section 9, subdivision 3, is amended to
read:
Subd. 3. Criminal
Apprehension
40,328,000 40,367,000
Summary by Fund
General
39,520,000 39,560,000
Special Revenue 440,000 439,000
State Government
Special Revenue
7,000 7,000
Trunk Highway 361,000 361,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[AGENCY CUT, DISTRIBUTION.] The general fund
appropriation includes a reduction of $245,000 the first year and $250,000 the
second year. This reduction may be
applied to any program funded under this section with the exception of the
Office of Justice Programs.
[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL ACTIVITY.] $94,000 the first year and $93,000 the
second year are appropriated from the Bureau of Criminal Apprehension account
in the special revenue fund for grants to local officials for the cooperative
investigation of cross-jurisdictional criminal activity. Any unencumbered balance remaining in the
first year does not cancel but is available for the second year.
[LABORATORY ACTIVITIES.] $346,000 each year
is appropriated from the Bureau of Criminal Apprehension account in the special
revenue fund for laboratory activities.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $361,000
each year is appropriated from the trunk highway fund for laboratory analysis
related to driving-while-impaired cases.
[DWI POLICY REFORMS.] $60,000 the first year
and $58,000 the second year are for costs associated with DWI policy reforms
contained in article 18.
[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and $2,318,000 the second year are to
replace the automated fingerprint identification system (AFIS). The base for fiscal year 2008 is
$1,562,000 and the base for fiscal year 2009 is $1,604,000.
[PREDATORY OFFENDER REGISTRATION SYSTEM.]
$1,146,000 the first year and $564,000 the second year are to upgrade the
predatory offender registration (POR) system and to increase the monitoring and
tracking of registered offenders who become noncompliant with the law. The base for fiscal year 2008 is $636,000
and the base for fiscal year 2009 is $564,000.
[CRIMINAL JUSTICE INFORMATION SYSTEMS (CJIS)
AUDIT TRAIL.] $374,000 the first year and $203,000 the second year are for the
Criminal Justice Information Systems (CJIS) audit trail.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[DNA ANALYSIS.] $757,000 the first year and
$769,000 the second year are to fund DNA analyses of biological samples.
[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the ongoing costs of Livescan.
[TEN NEW AGENTS.] $1,000,000 each year is for
ten Bureau of Criminal Apprehension agents to be assigned exclusively to
methamphetamine enforcement, including the investigation of manufacturing and
distributing methamphetamine and related violence. These appropriations are intended to increase the current
allocation of Bureau of Criminal Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not supplant existing agent assignments or
positions.
Sec. 11. [CORRSS-1B]
Laws 2005, chapter 136, article 1, section 9, subdivision 6, is amended to
read:
Subd. 6. Office of
Justice Programs
34,440,000 34,035,000
[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 each year is for grants to the combined operations of the Criminal
Gang Strike Force and Narcotics Task Forces.
[CRIME VICTIM ASSISTANCE GRANTS INCREASE.]
$1,270,000 each year is to increase funding for crime victim assistance grants
for abused children, sexual assault victims, battered women, and general crime
victims.
[BATTERED WOMEN'S SHELTER GRANTS.] $400,000
each year is to increase funding for battered women's shelters under Minnesota
Statutes, section 611A.32, and for safe houses.
[METHAMPHETAMINE TREATMENT GRANTS.] $750,000
each year is for grants to counties for methamphetamine treatment
programs. Priority should be given to
those counties that demonstrate a treatment approach that incorporates best
practices as defined by the Minnesota Department of Human Services. This is a onetime appropriation.
[FINANCIAL CRIMES TASK FORCE.] $750,000 each
year is for the Financial Crimes Task Force. A cash or in-kind match totalling a minimum of $250,000 is
required. Before the funds may be
allocated, a financial work plan must be submitted to the commissioner of
public safety.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.] $50,000 each year is to conduct the study and
assessment of human trafficking under new Minnesota Statutes, sections 299A.78
and 299A.785. This is a onetime
appropriation.
[YOUTH INTERVENTION PROGRAMS.] $1,452,000
each year is for youth intervention programs currently under Minnesota
Statutes, section 116L.30, but to be transferred to Minnesota Statutes, section
299A.73.
[HOMELESSNESS PILOT PROJECTS.] $400,000 the
first year is for the homelessness pilot projects described in article 8,
section 27. This is a onetime
appropriation.
[ADMINISTRATION COSTS.] Up to 2.5 percent of
the grant funds appropriated in this subdivision may be used to administer the
grant programs.
Sec. 12. [CORRSS-1C]
Laws 2005, chapter 136, article 14, section 6, is amended to read:
Sec. 6. Minnesota
Statutes 2004, section 357.18, is amended to read:
357.18 [COUNTY RECORDER.]
Subdivision 1. [COUNTY
RECORDER FEES.] The fees to be charged by the county recorder shall be and not
exceed the following:
(1) for indexing and recording any deed or other instrument a
fee of $46; $10.50 shall be paid to the state treasury and credited to the
general fund; $10 shall be deposited in the technology fund pursuant to
subdivision 3; and $25.50 to the county general fund;
(2) for documents containing multiple assignments, partial
releases or satisfactions a fee of $40 $46; if the document cites
more than four recorded instruments, an additional fee of $10 for each
additional instrument cited over the first four citations;
(3) for certified copies of any records or papers, $10;
(4) for a noncertified copy of any instrument or writing on
file or recorded in the office of the county recorder, or any specified page or
part of it, an amount as determined by the county board for each page or
fraction of a page specified. If
computer or microfilm printers are used to reproduce the instrument or writing,
a like amount per image;
(5) for an abstract of title, the fees
shall be determined by resolution of the county board duly adopted upon the
recommendation of the county recorder, and the fees shall not exceed $10 for
every entry, $100 for abstract certificate, $1 per page for each exhibit
included within an abstract as a part of an abstract entry, and $5 per name for
each required name search certification;
(6) for a copy of an official plat filed pursuant to section
505.08, the fee shall be $10 and an additional $5 shall be charged for the
certification of each plat;
(7) for filing an amended floor plan in accordance with chapter
515, an amended condominium plat in accordance with chapter 515A, or a common
interest community plat or amendment complying with section 515B.2-110,
subsection (c), the fee shall be 50 cents per apartment or unit with a minimum
fee of $50 $56;
(8) for a copy of a floor plan filed pursuant to chapter 515, a
copy of a condominium plat filed in accordance with chapter 515A, or a copy of
a common interest community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, condominium plat or
common interest community plat with a minimum fee of $10;
(9) for recording any plat, a fee of $56, of which $10.50 must
be paid to the state treasury and credited to the general fund, $10 must be
deposited in the technology fund pursuant to subdivision 3, and $35.50 must be
deposited in the county general fund; and
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or duplicate
original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a county recorder shall return it
marked "copy" or "duplicate," showing the recording date
and, if available, the document number assigned to the original.
Subd. 1a. [ABSTRACTING
SERVICE FEES.] Fees fixed by or established pursuant to subdivision 1 shall be
the maximum fee charged in all counties where the county recorder performs
abstracting services and shall be charged by persons authorized to perform
abstracting services in county buildings pursuant to section 386.18.
Subd. 2. [FEES FOR
RECORDING INSTRUMENTS IN COUNTY RECORDER OFFICE.] Notwithstanding the
provisions of any special law to the contrary, the established fees pursuant to
subdivision 1 shall be the fee charged in all counties for the specified
service, other than Uniform Commercial Code documents, and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph (c), 272.481 to
272.488, 277.20, and 386.77.
Subd. 4. [TECHNOLOGY
FUND.] The $10 fee collected under subdivision 1, clause (1), shall be
deposited in a technology fund for obtaining, maintaining, and updating current
technology and equipment to provide services from the record system. The fund shall be disbursed at the county
recorder's discretion to provide modern information services from the records
system. The fund is a supplemental fund
and shall not be construed to diminish the duty of the county governing body to
furnish funding for expenses and personnel necessary in the performance of the
duties of the office pursuant to section 386.015, subdivision 6, paragraph (a),
clause (2), and to comply with the requirements of section 357.182.
Subd. 5. [VARIANCE FROM
STANDARDS.] A document should conform to the standards in section 507.093,
paragraph (a), but should not be rejected unless the document is not legible or
cannot be archived. This subdivision
applies only to documents dated after July 31, 1997, and does not apply to
Minnesota uniform conveyancing blanks on file in the office of the commissioner
of commerce provided for under section 507.09, certified copies, or any other
form provided for under Minnesota Statutes.
Subd. 6. [REGISTRAR OF TITLES' FEES.] The fees to be charged by the
registrar of titles are in sections 508.82 and 508A.82.
Sec. 13. [CORRSS-1D]
Laws 2005, chapter 136, article 14, section 9, is amended to read:
Sec. 9. Minnesota
Statutes 2004, section 508.82, is amended to read:
508.82 [REGISTRAR OF TITLES' FEES.]
Subdivision 1.
[STANDARD DOCUMENTS.] The fees to be charged by the registrar of titles
shall be and not exceed the following:
(1) of the fees provided herein, $1.50 of the fees collected
under clauses (3), (4), (10), (12), (14), (16), and (17) (11), (13),
(15), (17), and (18) for filing or memorializing shall be paid to the state
treasury pursuant to section 508.75 and credited to the general fund;
(2) for registering a first certificate of title, including
issuing a copy of it, $46. Pursuant to
clause (1), distribution of this fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee simple
title for which a new certificate of title is issued and for the registration
of the new certificate of title, including a copy of it, $46. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for the entry of each memorial on a certificate, $46. For multiple certificate entries, $20
thereafter. Pursuant to clause (1),
distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund; and
(iv) $20 shall be deposited in the county general fund for each
multiple entry used;
(5) for issuing each residue certificate, $40;
(6) for exchange certificates, $20 for each certificate
canceled and $20 for each new certificate issued;
(7) for each certificate showing condition of the register,
$50;
(8) for any certified copy of any
instrument or writing on file or recorded in the registrar of titles' office,
$10;
(9) for a noncertified copy of any certificate of title, other
than the copies issued under clauses (2) and (3), any instrument or writing on
file or recorded in the office of the registrar of titles, or any specified
page or part of it, an amount as determined by the county board for each page
or fraction of a page specified. If computer
or microfilm printers are used to reproduce the instrument or writing, a like
amount per image;
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or duplicate
original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the
recording date and, if available, the document number assigned to the original;
(11) for filing two copies of any plat in the office of the
registrar, $56. Pursuant to clause (1),
distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(12) for any other service under this chapter, such fee as the
court shall determine;
(13) for filing an amendment to a declaration in accordance
with chapter 515, $46 for each certificate upon which the document is
registered and for multiple certificate entries, $20 thereafter; $56 for an
amended floor plan filed in accordance with chapter 515. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for amendment
to a declaration;
(iv) $20 shall be deposited in the county general fund for each
multiple entry used; and
(v) $34 shall be deposited in the county general fund for an
amended floor plan;
(14) for issuance of a CECT pursuant to section 508.351, $40;
(15) for filing an amendment to a common interest community
declaration and plat or amendment complying with section 515B.2-110, subsection
(c), $46 for each certificate upon which the document is registered and for
multiple certificate entries, $20 thereafter and $56 for the filing of the
condominium or common interest community plat or amendment. Pursuant to clause (1), distribution of this
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for the
filing of an amendment complying with section 515B.2-110, subsection (c);
(iv) $20 shall be deposited in the
county general fund for each multiple entry used; and
(v) $34 shall be deposited in the county general fund for the
filing of a condominium or CIC plat or amendment;
(16) for a copy of a condominium floor plan filed in accordance
with chapter 515, or a copy of a common interest community plat complying with
section 515B.2-110, subsection (c), the fee shall be $1 for each page of the
floor plan or common interest community plat with a minimum fee of $10;
(17) for the filing of a certified copy of a plat of the survey
pursuant to section 508.23 or 508.671, $46.
Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(18) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund; and
(19) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $15.
Subd. 1a. [FEES FOR
RECORDING INSTRUMENTS WITH REGISTRAR OF TITLES' OFFICE.] Notwithstanding the
provisions of any general or special law to the contrary, and pursuant to
section 357.182, the established fees pursuant to subdivision 1 shall be the
fee charged in all counties for the specified service, other than Uniform
Commercial Code documents and documents filed or recorded pursuant to sections
270.69, subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and 386.77.
Subd. 2. [VARIANCE FROM
STANDARDS.] A document should conform to the standards in section 507.093,
paragraph (a), but should not be rejected unless the document is not legible or
cannot be archived. This subdivision
applies only to documents dated after July 31, 1997, and does not apply to
Minnesota uniform conveyancing blanks on file in the office of the commissioner
of commerce provided for under section 507.09, certified copies, or any other
form provided for under Minnesota Statutes.
Sec. 14. [CORRSS-1E]
Laws 2005, chapter 136, article 14, section 10, is amended to read:
Sec. 10. Minnesota
Statutes 2004, section 508A.82, is amended to read:
508A.82 [REGISTRAR OF TITLES' FEES.]
Subdivision 1.
[STANDARD DOCUMENTS.] The fees to be charged by the registrar of titles
shall be and not exceed the following:
(1) of the fees provided herein, $1.50
of the fees collected under clauses (3), (5), (11), (13), (15), and (18)
(12), (14), (16), and (19) for filing or memorializing shall be paid to
the state treasury pursuant to section 508.75 and credited to the general fund;
(2) for registering a first CPT, including issuing a copy of
it, $46. Pursuant to clause (1),
distribution of the fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee simple
title for which a new CPT is issued and for the registration of the new CPT,
including a copy of it, $46. Pursuant
to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for issuance of a CECT pursuant to section 508A.351, $15;
(5) for the entry of each memorial on a CPT, $46; for multiple
certificate entries, $20 thereafter.
Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund; and
(iv) $20 shall be deposited in the county general fund for each
multiple entry used;
(6) for issuing each residue CPT, $40;
(7) for exchange CPTs or combined certificates of title, $20
for each CPT and certificate of title canceled and $20 for each new CPT or
combined certificate of title issued;
(8) for each CPT showing condition of the register, $50;
(9) for any certified copy of any instrument or writing on file
or recorded in the registrar of titles' office, $10;
(10) for a noncertified copy of any CPT, other than the copies
issued under clauses (2) and (3), any instrument or writing on file or recorded
in the office of the registrar of titles, or any specified page or part of it,
an amount as determined by the county board for each page or fraction of a page
specified. If computer or microfilm
printers are used to reproduce the instrument or writing, a like amount per
image;
(11)
for a noncertified copy of any document submitted for recording, if the
original document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if
available, the document number assigned to the original;
(12) for filing two copies of any plat in the office of the
registrar, $56. Pursuant to clause (1),
distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(13) for any other service under sections 508A.01 to 508A.85,
the fee the court shall determine;
(14) for filing an amendment to a declaration in accordance
with chapter 515, $46 for each certificate upon which the document is
registered and for multiple certificate entries, $20 thereafter; $56 for an
amended floor plan filed in accordance with chapter 515. Pursuant to clause (1), distribution of the
fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for each
multiple entry used; and
(v) $34 shall be deposited in the county general fund for an
amended floor plan;
(15) for issuance of a CECT pursuant to section 508.351, $40;
(16) for filing an amendment to a common interest community
declaration and plat or amendment complying with section 515B.2-110, subsection
(c), and issuing a CECT if required, $46 for each certificate upon which the
document is registered and for multiple certificate entries, $20 thereafter;
$56 for the filing of the condominium or common interest community plat or
amendment. Pursuant to clause (1),
distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for the
filing of an amendment complying with section 515B.2-110, subsection (c);
(iv) $20 shall be deposited in the county general fund for each
multiple entry used; and
(v) $34 shall be deposited in the county general fund for the
filing of a condominium or CIC plat or amendment;
(17) for a copy of a condominium floor plan filed in accordance
with chapter 515, or a copy of a common interest community plat complying with
section 515B.2-110, subsection (c), the fee shall be $1 for each page of the
floor plan, or common interest community plat with a minimum fee of $10;
(18)
in counties in which the compensation of the examiner of titles is paid in the
same manner as the compensation of other county employees, for each parcel of
land contained in the application for a CPT, as the number of parcels is
determined by the examiner, a fee which is reasonable and which reflects the
actual cost to the county, established by the board of county commissioners of
the county in which the land is located;
(19) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $56. Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the
general fund;
(ii) $10 shall be deposited in the technology fund pursuant to
section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund; and
(20) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $15.
Subd. 1a. [FEES TO
RECORD INSTRUMENTS WITH REGISTRAR OF TITLES.] Notwithstanding any special law
to the contrary, and pursuant to section 357.182, the established fees pursuant
to subdivision 1 shall be the fee charged in all counties for the specified
service, other than Uniform Commercial Code documents, and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph (c); 272.481 to
272.488; 277.20; and 386.77.
Subd. 2. [VARIANCE FROM
STANDARDS.] A document should conform to the standards in section 507.093,
paragraph (a), but should not be rejected unless the document is not legible or
cannot be archived. This subdivision
applies only to documents dated after July 31, 1997, and does not apply to
Minnesota uniform conveyancing blanks on file in the office of the commissioner
of commerce provided for under section 507.09, certified copies, or any other
form provided for under Minnesota Statutes.
Sec. 15. [CORRSS-1F]
Laws 2005, chapter 136, article 14, section 11, is amended to read:
Sec. 11. Minnesota
Statutes 2004, section 515B.1-116, is amended to read:
515B.1-116 [RECORDING.]
(a) A declaration, bylaws, any amendment to a declaration or
bylaws, and any other instrument affecting a common interest community shall be
entitled to be recorded. In those
counties which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The registrar of titles shall file the
declaration in accordance with section 508.351 or 508A.351.
(b) The recording officer shall upon request promptly assign a
number (CIC number) to a common interest community to be formed or to a common
interest community resulting from the merger of two or more common interest
communities.
(c) Documents recorded pursuant to this chapter shall in the
case of registered land be filed, and references to the recording of documents
shall mean filed in the case of registered land.
(d) Subject to any specific requirements of this chapter, if a
recorded document relating to a common interest community purports to require a
certain vote or signatures approving any restatement or amendment of the
document by a certain number or percentage of unit owners or secured parties,
and if the amendment or restatement is to be recorded pursuant to this chapter,
an affidavit of the president or secretary of the association stating that the
required vote or signatures have been obtained shall be attached to the
document to be recorded and shall constitute prima facie evidence of the
representations contained therein.
(e)
If a common interest community is located on registered land, the recording fee
for any document affecting two or more units shall be $40 $46 for
the first ten affected certificates and $10 for each additional affected
certificate. This provision shall not
apply to recording fees for deeds of conveyance, with the exception of deeds
given pursuant to sections 515B.2-119 and 515B.3-112.
(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new common interest
community, unless the county treasurer has certified that the property taxes
payable in the current year for the real estate included in the proposed common
interest community have been paid. This
certification is in addition to the certification for delinquent taxes required
by section 272.12. In the case of
preexisting common interest communities, the recording officer shall accept,
file, and record the following instruments, without requiring a certification
as to the current or delinquent taxes on any of the units in the common
interest community: (i) a declaration
subjecting the common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to section
515B.2-123; or (iii) an amendment to or restatement of the declaration, bylaws,
or CIC plat. In order for an instrument
to be accepted and recorded under the preceding sentence, the instrument must
not create or change unit or common area boundaries.
Sec. 16. [CORRSS-2]
Minnesota Statutes 2004, section 13.72, subdivision 14, as added by Laws 2005,
chapter 163, section 48, is amended to read:
Subd. 14. [ACCOUNT
DATA.] The following data pertaining to applicants for or users of toll
facilities, and high-occupancy vehicle lanes for which a user fee is charged
under section 169.03 160.93, are classified as nonpublic data
with regard to data not on individuals and as private data with regard to data
on individuals: data contained in
applications for the purchase, lease, or rental of a device such as an
electronic vehicle transponder which automatically assesses charges for a
vehicle's use of toll roads; personal and vehicle identification data;
financial and credit data; and toll road usage data. Nothing in this subdivision prohibits the production of summary
data as defined in section 13.02, subdivision 19.
Sec. 17. [CORRSS-3]
Minnesota Statutes 2004, section 244.10, subdivision 5, as added by Laws 2005,
chapter 136, article 16, section 4, is amended to read:
Subd. 5. [PROCEDURES IN
CASES WHERE STATE INTENDS TO SEEK AN AGGRAVATED DEPARTURE.] (a) When the
prosecutor provides reasonable notice under subdivision 4, the district court
shall allow the state to prove beyond a reasonable doubt to a jury of 12
members the factors in support of the state's request for an aggravated
departure from the Sentencing Guidelines as provided in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final
argument to a jury regarding both evidence in support of the elements of the
offense and evidence in support of aggravating factors when the evidence in
support of the aggravating factors:
(1) would be admissible as part of the trial on the elements of
the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined by
use of a special verdict form.
Upon the request of the prosecutor, the court shall allow bifurcated
argument and jury deliberations.
(c) The district court shall bifurcate the proceedings, or
impanel a resentencing jury, to allow for the production of evidence,
argument, and deliberations on the existence of factors in support of an
aggravated departure after the return of a guilty verdict when the evidence in
support of an aggravated departure:
(1)
includes evidence that is otherwise inadmissible at a trial on the elements of
the offense; and
(2) would result in unfair prejudice to the defendant.
Sec. 18. [CORRSS-4]
[ELECTRONIC VOTING SYSTEM CERTIFICATION DEADLINE SUSPENDED.]
The requirement of Minnesota Rules, part 8220.0325, that
applications for certification of electronic voting systems or software be
submitted between December 1 of an even-numbered year and September 1 of the
following odd-numbered year is suspended until December 1, 2006.
Sec. 19. [CORRSS-5]
Minnesota Statutes 2004, section 168.011, subdivision 4, is amended to read:
Subd. 4. [MOTOR
VEHICLE.] (a) "Motor vehicle" means any self-propelled vehicle
designed and originally manufactured to operate primarily upon public roads and
highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn
by a self-propelled vehicle and includes vehicles known as trackless trolleys
that are propelled by electric power obtained from overhead trolley wires but
not operated upon rails. It does not
include snowmobiles, manufactured homes, or park trailers.
(b) "Motor vehicle" also includes an all-terrain
vehicle, as defined in section 84.92, subdivision 8, that (1) has at least four
wheels, (2) is owned and operated by a physically disabled person, and (3)
displays both physically disabled license plates and a physically disabled
certificate issued under section 169.345, subdivision 3.
(c) "Motor vehicle" does not include an all-terrain
vehicle as defined in section 84.92, subdivision 8; except (1) an all-terrain
vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a
motor vehicle before August 1, 1985.
The owner may continue to license an all-terrain vehicle described in
clause (2) as a motor vehicle until it is conveyed or otherwise transferred to
another owner, is destroyed, or fails to comply with the registration and
licensing requirements of this chapter.
(d) "Motor vehicle" does not include an electric
personal assistive mobility device as defined in section 169.01, subdivision
90.
(e) "Motor vehicle" does not include a motorized
foot scooter as defined in section 169.01, subdivision 4c.
Sec. 20. [CORRSS-5A]
Minnesota Statutes 2004, section 168.012, subdivision 1, as amended by Laws
2005, chapter 135, section 3, is amended to read:
Subdivision 1.
[VEHICLES EXEMPT FROM TAX, FEES, OR PLATE DISPLAY.] (a) The following
vehicles are exempt from the provisions of this chapter requiring payment of
tax and registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any political
subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to and from those
institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used exclusively
to transport disabled persons for educational purposes;
(5)
ambulances owned by ambulance services licensed under section 144E.10, the
general appearance of which is unmistakable; and
(6) motorized foot scooters as defined in section 169.01,
subdivision 4c; and
(7) vehicles owned by a commercial driving school
licensed under section 171.34, or an employee of a commercial driving school
licensed under section 171.34, and the vehicle is used exclusively for driver
education and training.
(b) Vehicles owned by the federal government, municipal fire
apparatuses including fire-suppression support vehicles, police patrols, and
ambulances, the general appearance of which is unmistakable, are not required
to register or display number plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger automobiles, pickup
trucks, and buses owned or operated by the Department of Corrections, must be
registered and must display appropriate license number plates, furnished by the
registrar at cost. Original and renewal
applications for these license plates authorized for use in general police work
and for use by the Department of Corrections must be accompanied by a
certification signed by the appropriate chief of police if issued to a police
vehicle, the appropriate sheriff if issued to a sheriff's vehicle, the
commissioner of corrections if issued to a Department of Corrections vehicle,
or the appropriate officer in charge if issued to a vehicle of any other law
enforcement agency. The certification
must be on a form prescribed by the commissioner and state that the vehicle
will be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the Departments of Revenue and
Labor and Industry, fraud unit, in conducting seizures or criminal
investigations must be registered and must display passenger vehicle
classification license number plates, furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the commissioner of revenue or the commissioner of labor and industry. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used by the Division of Disease
Prevention and Control of the Department of Health must be registered and must
display passenger vehicle classification license number plates. These plates must be furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the commissioner of health. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and Control.
(f) Unmarked vehicles used by staff of the Gambling Control
Board in gambling investigations and reviews must be registered and must
display passenger vehicle classification license number plates. These plates must be furnished at cost by
the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by
a certification signed by the board chair.
The certification must be on a form prescribed by the commissioner and
state that the vehicles will be used exclusively for the official duties of the
Gambling Control Board.
(g) All other motor vehicles must be registered and display
tax-exempt number plates, furnished by the registrar at cost, except as
provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the
state department or political subdivision, nonpublic high school operating a
driver education program, or licensed commercial driving school, plainly
displayed on both sides of the vehicle; except that each state hospital and
institution for the mentally ill and mentally retarded may have one vehicle
without the required identification on the sides of the vehicle, and county
social service agencies may have vehicles used for child and vulnerable adult
protective services without the required identification on the sides of the
vehicle. This identification
must be in a color giving contrast with that of the part of the vehicle on
which it is placed and must endure throughout the term of the registration. The identification must not be on a
removable plate or placard and must be kept clean and visible at all times;
except that a removable plate or placard may be utilized on vehicles leased or
loaned to a political subdivision or to a nonpublic high school driver
education program.
Sec. 21. [CORRSS-6]
Minnesota Statutes 2004, section 203B.12, subdivision 2, as amended by Laws
2005, chapter 156, article 6, section 26, is amended to read:
Subd. 2. [EXAMINATION
OF RETURN ENVELOPES.] Two or more election judges shall examine each return
envelope and shall mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been
prepared under section 204B.12, subdivision 2a, or 204B.41, the election judges
shall not begin removing ballot envelopes from the return envelopes until 8:00
p.m. on election day, either in the polling place or at an absentee ballot
board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word
"Accepted" if the election judges or a majority of them are satisfied
that:
(1) the voter's name and address on the return envelope are the
same as the information provided on the absentee ballot application;
(2) the voter's signature on the return envelope is the genuine
signature of the individual who made the application for ballots and the
certificate has been completed as prescribed in the directions for casting an
absentee ballot, except that if a person other than the voter applied for the
absentee ballot under applicable Minnesota Rules, the signature is not required
to match;
(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed voter registration application in
the return envelope; and
(4) the voter has not already voted at that election, either in
person or by absentee ballot.
There is no other reason for rejecting an absentee ballot. In particular, failure to place the envelope
ballot within the security envelope before placing it in the outer white
envelope is not a reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved and
returned to the county auditor.
If all or a majority of the election judges examining return
envelopes find that an absent voter has failed to meet one of the requirements
prescribed in clauses (1) to (4), they shall mark the return envelope
"Rejected," initial or sign it below the word "Rejected,"
and return it to the county auditor.
Sec. 22. [CORRSS-6a]
Minnesota Statutes 2004, section 203B.24, subdivision 1, as amended by Laws
2005, chapter 156, article 6, section 30, is amended to read:
Subdivision 1. [CHECK
OF VOTER ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an
absentee ballot returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names appearing on
their copy of the application records to insure that the ballot is from a voter
eligible to cast an absentee ballot under sections 203B.16 to 203B.27. The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges are satisfied that:
(1) the voter's name on the return envelope appears in
substantially the same form as on the application records provided to the
election judges by the county auditor;
(2) the voter has signed the federal
oath prescribed pursuant to section 705(b)(2) of the Help America Vote Act, Public
Law 107-252;
(3) the voter has set forth the voter's military identification
number or passport number or, if those numbers do not appear, a person
authorized to administer oaths under federal law or the law of the place where
the oath was administered or a witness who is military personnel with a rank at
or above the rank of sergeant or its equivalent has signed the ballot; and
(4) the voter has not already voted at that election, either in
person or by absentee ballot.
An absentee ballot case pursuant to sections 203B.16 to 203B.27
may only be rejected for the lack of one of clauses (1) to (4). In particular, failure to place the envelope
ballot within the security envelope before placing it in the outer white
envelope is not a reason to reject an absentee ballot.
Election judges must note the reason for rejection on the back
of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked
ballot, but a ballot shall not be counted if the affidavit on the return
envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law governing
deposit and counting of ballots shall apply.
Sec. 23. [CORRSS-7]
Minnesota Statutes 2004, section 515B.4-106, as amended by Laws 2005, chapter
121, section 37, is amended to read:
515B.4-106 [PURCHASER'S RIGHT TO CANCEL.]
(a) A person required to deliver a disclosure statement
pursuant to section 515B.4-101(b) shall provide at least one of the purchasers
of the unit with a copy of the disclosure statement and all amendments thereto
before conveyance of the unit. If a
purchaser is not given a disclosure statement more than ten days before
execution of the purchase agreement, the purchaser may, before conveyance,
cancel the purchase agreement within ten days after first receiving the
disclosure statement. If a purchaser is
given the disclosure statement more than ten days before execution of the
purchase agreement, the purchaser may not cancel the purchase agreement
pursuant to this section. The ten-day
rescission period may be modified or waived, in writing, by agreement of the
purchaser of a unit only after the purchaser has received and had an
opportunity to review the disclosure statement. The person required to deliver a disclosure statement may not
condition the sale of the unit on the purchaser agreeing to modify or waive the
purchaser's ten-day right of rescission, may not contractually obligate the
purchaser to modify or waive the purchaser's ten-day right of rescission, and
may not include a modification or waiver of the ten-day right of rescission in
any purchase agreement for the unit. To
be effective, a modification or waiver of a purchaser's ten-day right of
rescission must be evidenced by an instrument separate from the purchase
agreement signed by the purchaser more than three days after the purchaser signs
the purchase agreement receives the disclosure statement.
(b) If an amendment to the disclosure statement materially and
adversely affects a purchaser, then the purchaser shall have ten days after
delivery of the amendment to cancel the purchase agreement in accordance with
this section. The ten-day rescission
period may be modified or waived, in writing, by agreement of the purchaser of
a unit only after the purchaser has received and had an opportunity to review
the disclosure statement amendment. To be effective, a modification or waiver of a purchaser's
ten-day right of rescission under this section must be evidenced by a written
instrument separate from the purchase agreement signed by the purchaser more
than three days after the purchaser receives the amendment.
(c) If a purchaser elects to cancel a
purchase agreement pursuant to this section, the purchaser may do so by giving
notice thereof pursuant to section 515B.1-115.
Cancellation is without penalty, and all payments made by the purchaser
before cancellation shall be refunded promptly. Notwithstanding anything in this section to the contrary, the
purchaser's cancellation rights under this section terminate upon the
purchaser's acceptance of a conveyance of the unit.
(d) If a declarant obligated to deliver a disclosure statement
fails to deliver to the purchaser a disclosure statement which substantially
complies with this chapter, the declarant shall be liable to the purchaser in
the amount of $1,000, in addition to any damages or other amounts recoverable
under this chapter or otherwise. Any
action brought under this subsection shall be commenced within the time period
specified in section 515B.4-115, subsection (a).
Sec. 24. [CORRSS-7A]
Minnesota Statutes 2004, section 515B.4-108, as amended by Laws 2005, chapter
121, section 39, is amended to read:
515B.4-108 [PURCHASER'S RIGHT TO CANCEL RESALE.]
(a) Unless a purchaser is given the information required to be
delivered by section 515B.4-107, by a delivery method described in that
section, more than ten days prior to the execution of the purchase agreement
for the unit the purchaser may, prior to the conveyance, cancel the purchase
agreement within ten days after receiving the information. The ten-day rescission period may be
modified or waived, in writing, by agreement of the purchaser of a unit only
after the purchaser has received and had an opportunity to review the
information required to be delivered by section 515B.4-107. The person required to deliver the
information required to be delivered by section 515B.4-107 may not condition
the sale of the unit on the purchaser agreeing to modify or waive the purchaser's
ten-day right of rescission, may not contractually obligate the purchaser to
modify or waive the purchaser's ten-day right of rescission, and may not
include a modification or waiver of the ten-day right of rescission in any
purchase agreement for the unit. To be
effective, a modification or waiver of a purchaser's ten-day right of
rescission must be evidenced by an instrument separate from the purchase
agreement signed by the purchaser more than three days after the purchaser signs
the purchase agreement receives the resale disclosure certificate.
(b) A purchaser who elects to cancel a purchase agreement
pursuant to subsection (a), may do so by hand delivering notice thereof or
mailing notice by postage prepaid United States mail to the seller or the
agent. Cancellation is without penalty
and all payments made by the purchaser shall be refunded promptly.
Sec. 25. [CORRSS-8]
Minnesota Statutes 2004, section 152.02, subdivision 6, as amended by Laws
2005, chapter 136, article 7, section 3, is amended to read:
Subd. 6. [SCHEDULE V;
RESTRICTIONS ON METHAMPHETAMINE PRECURSOR DRUGS.] (a) As used in this
subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any
compound, mixture, or preparation intended for human consumption containing
ephedrine or pseudoephedrine as its sole active ingredient or as one of its
active ingredients; and
(2) "over-the-counter sale" means a retail sale of a
drug or product but does not include the sale of a drug or product pursuant to
the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or
preparation containing any of the following limited quantities of narcotic
drugs, which shall include one or more nonnarcotic active medicinal ingredients
in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug
alone:
(i) not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit; or
(iv) not more than 15 milligrams of anhydrous morphine per 100
milliliters or per 100 grams; and
(2) any compound, mixture, or preparation containing ephedrine
or pseudoephedrine as its sole active ingredient or as one of its active
ingredients.
(c) No person may sell in a single over-the-counter sale more
than two packages of a methamphetamine precursor drug or a combination of
methamphetamine precursor drugs or any combination of packages exceeding a
total weight of six grams.
(d) Over-the-counter sales of methamphetamine precursor drugs
are limited to:
(1) packages containing not more than a total of three grams of
one or more methamphetamine precursor drugs, calculated in terms of ephedrine
base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each
blister contains not more than two dosage units, or, if the use of blister
packs is not technically feasible, sales in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine
precursor drugs in an over-the-counter sale shall ensure that all packages of
the drugs are displayed behind a checkout counter where the public is not
permitted and are offered for sale only by a licensed pharmacist, a registered
pharmacy technician, or a pharmacy clerk.
The establishment shall ensure that the person making the sale requires
the buyer:
(1) to provide photographic identification showing the buyer's
date of birth; and
(2) to sign a written or electronic document detailing the date
of the sale, the name of the buyer, and the amount of the drug sold. Nothing in this paragraph requires the buyer
to obtain a prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales more
than six grams of methamphetamine precursor drugs within a 30-day period.
(g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18 years. It is an affirmative defense to a charge
under this paragraph if the defendant proves by a preponderance of the evidence
that the defendant reasonably and in good faith relied on proof of age as
described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e),
(f), or (g) is guilty of a misdemeanor and may be sentenced to imprisonment for
not more than 90 days, or to payment of a fine of not more than $1,000, or
both.
(i)
An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is
convicted of or charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those paragraphs if
the person:
(1) did not have prior knowledge of, participate in, or direct
the employee or agent to commit the violation; and
(2) documents that an employee training program was in place to
provide the employee or agent with information on the state and federal laws
and regulations regarding methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers
for sale methamphetamine precursor drugs who sells such a drug to any person in
a suspicious transaction shall report the transaction to the owner, supervisor,
or manager of the establishment. The
owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports
information under this subdivision in good faith is immune from civil liability
relating to the report.
(k) Paragraphs (c) (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation
primarily intended for administration to children under 12 years of age
according to label instructions;
(2) methamphetamine precursor drugs that are certified by the
Board of Pharmacy as being manufactured in a manner that prevents the drug from
being used to manufacture methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid
form; or
(4) compounds, mixtures, or preparations in powder form where
pseudoephedrine constitutes less than one percent of its total weight and is
not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department
of Public Safety, shall certify methamphetamine precursor drugs that meet the
requirements of paragraph (k), clause (2), and publish an annual listing of
these drugs.
(m) Wholesale drug distributors licensed and regulated by the
Board of Pharmacy pursuant to sections 151.42 to 151.51 and registered with and
regulated by the United States Drug Enforcement Administration are exempt from
the methamphetamine precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations
governing the sale by a business establishment of over-the-counter products
containing ephedrine or pseudoephedrine.
All ordinances enacted prior to the effective date of this act are void.
Sec. 26. [CORRSS-9]
[INSTRUCTION TO THE REVISOR.]
The revisor of statutes shall change the section or chapter
references in the sections of Laws 2005, chapter 164, specified in column A
from the number specified in column B to the number specified in column C.
A
B
C
Section 4, para. (f) 517C 518
Section 5, subd. 1
518.773
518.729
Section 10, para. (b), clause (1) 518.551, subd. 5
518.725
Section 22, subd. 1 518.773
518.729
Section 25, clause (2) 518.713, clauses (1) to (15) 518.713, clauses (1)
to (13)
Sec. 27. [CORRSS-9A]
Laws 2005, chapter 164, section 26, is amended to read:
Sec. 26. [518.725]
[GUIDELINE USED IN CHILD SUPPORT DETERMINATIONS.]
Subdivision 1.
[DETERMINATION OF SUPPORT OBLIGATION.] (a) The guideline in this section
is a rebuttable presumption and shall be used in any judicial or administrative
proceeding to establish or modify a support obligation under chapter 518.
(b) The basic child support obligation shall be determined by
referencing the guideline for the appropriate number of joint children and the
combined parental income for determining child support of the parents.
(c) If a child is not in the custody of either parent and a
support order is sought against one or both parents, the basic child support
obligation shall be determined by referencing the guideline for the appropriate
number of joint children, and the parent's individual parental income for
determining child support, not the combined parental incomes for determining
child support of the parents.
(d) For combined parental incomes for determining child support
exceeding $15,000 per month, the presumed basic child support obligations shall
be as for parents with combined parental income for determining child support
of $15,000 per month. A basic child
support obligation in excess of this level may be demonstrated for those
reasons set forth in section 518.714.
Subd. 2. [BASIC
SUPPORT; GUIDELINE.] Unless otherwise agreed to by the parents and approved by
the court, when establishing basic support, the court must order that basic
support be divided between the parents based on their proportionate share of
the parents' combined monthly parental income for determining child support, as
determined under section 518.712, subdivision 8 518.54, subdivision
15. Basic support must be computed
using the following guideline:
Combined Parental
Income for
Number of Children
Determining
Child Support
One Two Three Four Five Six
$0- $799
$50 $50 $75 $75
$100 $100
800- 899 80
129 149 173 201
233
900- 999 90
145 167 194 226
262
1,000- 1,099 116 161 186
216 251 291
1,100- 1,199 145 205 237
275 320 370
1,200- 1,299 177 254 294
341 396 459
1,300- 1,399 212 309 356
414 480 557
1,400- 1,499 251 368 425
493 573 664
1,500- 1,599 292 433 500
580 673 780
1,600- 1,699 337 502 580
673 781 905
1,700- 1,799 385 577 666
773 897 1,040
1,800- 1,899 436 657 758
880 1,021 1,183
1,900- 1,999 490 742 856
994 1,152 1,336
2,000- 2,099 516 832 960 1,114 1,292 1,498
2,100- 2,199 528 851 981 1,139 1,320 1,531
2,200- 2,299 538 867 1,000 1,160 1,346 1,561
2,300- 2,399 546 881 1,016 1,179 1,367 1,586
2,400- 2,499 554 893 1,029 1,195 1,385 1,608
2,500- 2,599
560 903 1,040 1,208 1,400 1,625
2,600- 2,699 570 920 1,060 1,230 1,426 1,655
2,700- 2,799 580 936 1,078 1,251 1,450 1,683
2,800- 2,899 589 950 1,094 1,270 1,472 1,707
2,900- 2,999 596 963 1,109 1,287 1,492 1,730
3,000- 3,099 603 975 1,122 1,302 1,509 1,749
3,100- 3,199 613 991 1,141 1,324 1,535 1,779
3,200- 3,299 623 1,007 1,158 1,344 1,558 1,807
3,300- 3,399 632 1,021 1,175 1,363 1,581 1,833
3,400- 3,499 640 1,034 1,190 1,380 1,601 1,857
3,500- 3,599 648 1,047 1,204 1,397 1,621 1,880
3,600- 3,699 657 1,062 1,223 1,418 1,646 1,909
3,700- 3,799 667 1,077 1,240 1,439 1,670 1,937
3,800- 3,899 676 1,018 1,257 1,459 1,693 1,963
1,081
3,900- 3,999 684 1,104 1,273 1,478 1,715 1,988
4,000- 4,099 692 1,116 1,288 1,496 1,736 2,012
4,100- 4,199 701 1,132 1,305 1,516 1,759 2,039
4,200- 4,299 710 1,147 1,322 1,536 1,781 2,064
4,300- 4,399 718 1,161 1,338 1,554 1,802 2,088
4,400- 4,499 726 1,175 1,353 1,572 1,822 2,111
4,500- 4,599 734 1,184 1,368 1,589 1,841 2,133
4,600- 4,699 743 1,200 1,386 1,608 1,864 2,160
4,700- 4,799 753 1,215 1,402 1,627 1,887 2,186
4,800- 4,899 762 1,231 1,419 1,645 1,908 2,212
4,900- 4,999 771 1,246 1,435 1,663 1,930 2,236
5,000- 5,099 780 1,260 1,450 1,680 1,950 2,260
5,100- 5,199 788 1,275 1,468 1,701 1,975 2,289
5,200- 5,299 797 1,290 1,485 1,722 1,999 2,317
5,300- 5,399 805 1,304 1,502 1,743 2,022 2,345
5,400- 5,499 812 1,318 1,518 1,763 2,046 2,372
5,500- 5,599 820 1,331 1,535 1,782 2,068 2,398
5,600- 5,699 829 1,346 1,551 1,801 2,090 2,424
5,700- 5,799 838 1,357 1,568 1,819 2,111 2,449
5,800- 5,899 847 1,376 1,583 1,837 2,132 2,473
5,900- 5,999 856 1,390 1,599 1,855 2,152 2,497
6,000- 6,099 864 1,404 1,614 1,872 2,172 2,520
6,100- 6,199 874 1,419 1,631 1,892 2,195 2,546
6,200- 6,299 883 1,433 1,645 1,912 2,217 2,572
6,300- 6,399 892 1,448 1,664 1,932 2,239 2,597
6,400- 6,499 901 1,462 1,682 1,951 2,260 2,621
6,500- 6,599 910 1,476 1,697 1,970 2,282 2,646
6,600- 6,699 919 1,490 1,713 1,989 2,305 2,673
6,700- 6,799 927 1,505 1,730 2,009 2,328 2,700
6,800- 6,899 936 1,519 1,746 2,028 2,350 2,727
6,900- 6,999 944 1,533 1,762 2,047 2,379 2,753
7,000- 7,099 952 1,547 1,778 2,065 2,394 2,779
7,100- 7,199 961 1,561 1,795 2,085 2,417 2,805
7,200- 7,299 971 1,574 1,812 2,104 2,439 2,830
7,300- 7,399 980 1,587 1,828 2,123 2,462 2,854
7,400- 7,499 989 1,600 1,844 2,142 2,483 2,879
7,500- 7,599
998 1,613 1,860 2,160 2,505
2,903
7,600- 7,699 1,006 1,628 1,877 2,180 2,528 2,929
7,700- 7,799 1,015 1,643 1,894 2,199 2,550 2,955
7,800- 7,899 1,023 1,658 1,911 2,218 2,572 2,981
7,900- 7,999 1,032 1,673 1,928 2,237 2,594 3,007
8,000- 8,099 1,040 1,688 1,944 2,256 2,616 3,032
8,100- 8,199 1,048 1,703 1,960 2,274 2,637 3,057
8,200- 8,299 1,056 1,717 1,976 2,293 2,658 3,082
8,300- 8,399 1,064 1,731 1,992 2,311 2,679 3,106
8,400- 8,499 1,072 1,746 2,008 2,328 2,700 3,130
8,500- 8,599 1,080 1,760 2,023 2,346 2,720 3,154
8,600- 8,699 1,092 1,780 2,047 2,374 2,752 3,191
8,700- 8,799 1,105 1,801 2,071 2,401 2,784 3,228
8,800- 8,899 1,118 1,822 2,094 2,429 2,816 3,265
8,900- 8,999 1,130 1,842 2,118 2,456 2,848 3,302
9,000- 9,099 1,143 1,863 2,142 2,484 2,880 3,339
9,100- 9,199 1,156 1,884 2,166 2,512 2,912 3,376
9,200- 9,299 1,168 1,904 2,190 2,539 2,944 3,413
9,300- 9,399 1,181 1,925 2,213 2,567 2,976 3,450
9,400- 9,499 1,194 1,946 2,237 2,594 3,008 3,487
9,500- 9,599 1,207 1,967 2,261 2,622 3,040 3,525
9,600- 9,699 1,219 1,987 2,285 2,650 3,072 3,562
9,700- 9,799 1,232 2,008 2,309 2,677 3,104 3,599
9,800- 9,899 1,245 2,029 2,332 2,705 3,136 3,636
9,900- 9,999 1,257 2,049 2,356 2,732 3,168 3,673
10,000- 10,099 1,270 2,070 2,380 2,760 3,200 3,710
10,100- 10,199 1,283 2,091 2,404 2,788 3,232 3,747
10,200- 10,299 1,295 2,111 2,428 2,815 3,264 3,784
10,300- 10,399 1,308 2,132 2,451 2,843 3,296 3,821
10,400- 10,499 1,321 2,153 2,475 2,870 3,328 3,858
10,500- 10,599 1,334 2,174 2,499 2,898 3,360 3,896
10,600- 10,699 1,346 2,194 2,523 2,926 3,392 3,933
10,700- 10,799 1,359 2,215 2,547 2,953 3,424 3,970
10,800- 10,899 1,372 2,236 2,570 2,981 3,456 4,007
10,900- 10,999 1,384 2,256 2,594 3,008 3,488 4,044
11,000- 11,099 1,397 2,277 2,618 3,036 3,520 4,081
11,100- 11,199 1,410 2,298 2,642 3,064 3,552 4,118
11,200- 11,299 1,422 2,318 2,666 3,091 3,584 4,155
11,300- 11,399 1,435 2,339 2,689 3,119 3,616 4,192
11,400- 11,499 1,448 2,360 2,713 3,146 3,648 4,229
11,500- 11,599 1,461 2,381 2,737 3,174 3,680 4,267
11,600- 11,699 1,473 2,401 2,761 3,202 3,712 4,304
11,700- 11,799 1,486 2,422 2,785 3,229 3,744 4,341
11,800- 11,899 1,499 2,443 2,808 3,257 3,776 4,378
11,900- 11,999 1,511 2,463 2,832 3,284 3,808 4,415
12,000- 12,099 1,524 2,484 2,856 3,312 3,840 4,452
12,100- 12,199 1,537 2,505 2,880 3,340 3,872 4,489
12,200- 12,299 1,549 2,525 2,904 3,367 3,904 4,526
12,300- 12,399 1,562 2,546 2,927 3,395 3,936 4,563
12,400- 12,499 1,575 2,567 2,951 3,422 3,968 4,600
12,500- 12,599 1,588 2,588 2,975 3,450 4,000 4,638
12,600- 12,699 1,600 2,608 2,999 3,478 4,032 4,675
12,700- 12,799 1,613 2,629 3,023 3,505 4,064 4,712
12,800- 12,899 1,626 2,650 3,046 3,533 4,096 4,749
12,900- 12,999 1,638 2,670 3,070 3,560 4,128 4,786
13,000- 13,099 1,651 2,691 3,094 3,588 4,160 4,823
13,100- 13,199 1,664 2,712 3,118 3,616 4,192 4,860
13,200- 13,299 1,676 2,732 3,142 3,643 4,224 4,897
13,300- 13,399 1,689 2,753 3,165 3,671 4,256 4,934
13,400- 13,499 1,702 2,774 3,189 3,698 4,288 4,971
13,500- 13,599 1,715 2,795 3,213 3,726 4,320 5,009
13,600- 13,699 1,727 2,815 3,237 3,754 4,352 5,046
13,700- 13,799 1,740 2,836 3,261 3,781 4,384 5,083
13,800- 13,899 1,753 2,857 3,284 3,809 4,416 5,120
13,900- 13,999 1,765 2,877 3,308 3,836 4,448 5,157
14,000- 14,009
1,778 2,898 3,332 3,864 4,480 5,194
14,099
14,100- 14,199 1,791 2,919 3,356 3,892 4,512 5,231
14,200- 14,299 1,803 2,939 3,380 3,919 4,544 5,268
14,300- 14,399 1,816 2,960 3,403 3,947 4,576 5,305
14,400- 14,499 1,829 2,981 3,427 3,974 4,608 5,342
14,500- 14,599 1,842 3,002 3,451 4,002 4,640 5,380
14,600- 14,699 1,854 3,022 3,475 4,030 4,672 5,417
14,700- 14,799 1,867 3,043 3,499 4,057 4,704 5,454
14,800- 14,899 1,880 3,064 3,522 4,085 4,736 5,491
14,900- 14,999 1,892 3,084 3,546 4,112 4,768 5,528
15,000, or
1,905 3,105 3,570 4,140 4,800 5,565
the amount
in effect
under subd. 4
Subd. 3. [INCOME CAP ON
DETERMINING BASIC SUPPORT.] (a) The basic support obligation for parents with a
combined parental income for determining child support in excess of the income
limit currently in effect under subdivision 2 must be the same dollar amount as
provided for the parties with a combined parental income for determining child
support equal to the income in effect under subdivision 2.
(b) A court may order a basic support obligation in a child
support order in an amount that exceeds the income limit in subdivision 2 if it
finds that a child has a disability or other substantial, demonstrated need for
the additional support for those reasons set forth in section 518.714 and that
the additional support will directly benefit the child.
(c) The dollar amount for the cap in subdivision 2 must be
adjusted on July 1 of every even-numbered year to reflect cost-of-living changes. The Supreme Court must select the index for
the adjustment from the indices listed in section 518.641, subdivision 1. The state court administrator must make the
changes in the dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the amount is to
change.
Subd. 4. [MORE THAN SIX
CHILDREN.] If a child support proceeding involves more than six children, the
court may derive a support order without specifically following the guidelines. However, the court must consider the basic
principles encompassed by the guidelines and must consider both parents' needs,
resources, and circumstances.
Sec. 28. [CORRSS-9B] Laws 2005, chapter 164, section 29, is amended to
read:
Sec. 29. [INSTRUCTION
TO THE REVISOR.]
The revisor of statutes shall create in the first edition of or
supplement to Minnesota Statutes published after June 30, 2005 2006,
a new chapter which shall be comprised of the provisions of Minnesota Statutes,
chapter 518, that relate to the provision of support for children. The transferred provisions shall be arranged
as follows:
(1) definitions;
(2) computations of basic support and the related calculations,
adjustments, and guidelines that may affect the computations;
(3) child care support;
(4) medical support;
(5) ability to pay and self-support reserves;
(6) deviation factors; and
(7) collection, administrative, and other matters.
The new chapter shall be edited by the revisor in accordance
with usual editorial practices as provided by Minnesota Statutes, section
3C.10. If the revisor determines that
additional changes are necessary to assure the clarity and utility of the new
chapter, the revisor shall draft and propose appropriate legislation to the
legislature.
[EFFECTIVE DATE.]
This section is effective the day following final enactment.
Sec. 29. [CORRSS-9C]
[EFFECTIVE DATE.]
Laws 2005, chaper 164, sections 28 and 30, are effective
July 1, 2005.
Sec. 30. [CORRSS-10A]
Laws 2005, chapter 20, article 1, section 46, subdivision 1, is amended to
read:
Subdivision 1. [WILLMAR
REGIONAL TREATMENT CENTER.] (a) Notwithstanding Minnesota Statutes, sections
16B.281 to 16B.287, or other law, administrative rule, or commissioner's order
to the contrary, the commissioner of administration may convey to a local unit
of government for no consideration all or part of the real property at the
Willmar Regional Treatment Center for public purposes consistent with the
master plan and reuse study. The
conveyance shall be in a form approved by the attorney general and subject to
Minnesota Statutes, section 16A.695.
(b) The commissioner of administration may require the local
unit of government to reimburse the state for all or part of any campus redevelopment
funded and completed by the state.
(c) Notwithstanding Minnesota Statutes, section 16C.23, the
commissioner of administration may convey to a local unit of government for no
consideration all or part of the personal property determined by the commissioner
of human services to be no longer needed for human services operations.
(d) If the local unit of government
sells any property conveyed under this section to a private entity, the sale
must comply with Minnesota Statutes, section 16A.695, including the
requirement that it be at fair market value, and the local unit of
government may, notwithstanding Minnesota Statutes, section 16A.695,
subdivision 3, retain up to $568,000 of the sale proceeds to fund its
repurchase of a portion of the property for public purposes. Upon the local unit of government's
subsequent sale of any portion of the property that was acquired with the
retained sale proceeds, the net proceeds of the subsequent sale must be paid to
the commissioner of finance.
Sec. 31. [CORRSS-11A]
Minnesota Statutes 2004, section 383B.217, subdivision 7, as amended by Laws
2005, chapter 125, article 2, section 7, is amended to read:
Subd. 7. [PURCHASING,
CONTRACTING, MEETINGS, DATA.] (a) Contracting and purchasing made on behalf of the
HMO, ambulatory health center, or other clinics authorized under section
383B.219, of goods, materials, supplies, equipment, and services that are
incidental to or that are included as part of a contract for the purchase of
goods, materials, supplies, or equipment are specifically exempted from
sections 383B.141 to 383B.151 and 471.345 or other applicable laws related to
public procurement. Contracting and
purchasing of services shall comply with sections 383B.141 to 383B.151 or other
applicable laws related to public procurement.
(b) Notwithstanding chapter 13D, the county board on behalf of
the HMO or Hennepin Healthcare System, Inc., may meet in closed session
to discuss and take action on specific products or services that are in direct
competition with other providers of goods or services in the public or private
sector, if disclosure of information pertaining to those matters would clearly
harm the competitive position of the HMO or Hennepin Healthcare System, Inc.
(c) The HMO or Hennepin Healthcare System, Inc., shall
inform the county board when there are matters that are appropriate for
discussion or action under paragraph (b).
The county administrator or the administrator's designee shall give the
board an opinion on the propriety of discussion or action under paragraph (b)
for each of the matters. The county
board may, by a majority vote in a public meeting, decide to hold a closed
meeting under paragraph (b). The
purpose, time, and place of the meeting must be announced at a public meeting. A written roll of members present at a
closed meeting must be made available to the public after the closed
meeting. The proceedings of a closed
meeting must be tape recorded at the expense of the county board and be
preserved for not less than five years after the meeting. The data on the tape are nonpublic data
under section 13.02, subdivision 9, until two years after the meeting. A contract entered into by the county board
at a meeting held on behalf of the HMO is subject to section 471.345. All bids and any related materials that are
considered at the meeting must be retained for a period of not less than five
years. After the expiration of the term
of any contract entered into pursuant to this subdivision or a period of two
years, whichever is less, the contract, the bids, and any related materials are
public data. The contract, the bids,
and any related materials are subject to review by the state auditor at any
time.
(d) Data concerning specific products or services that are in
direct competition with other providers of goods or services in the public or
private sector are trade secret information for purposes of section 13.37, to
the extent disclosure of information pertaining to the matters would clearly
harm the competitive position of the HMO.
The data are trade secret information for the term of the contract or a
two-year period, whichever is less.
(e) Notwithstanding section 471.345 or other applicable law,
the county board on behalf of the HMO, ambulatory health center, or other
clinics authorized under section 383B.219, may contract, except for services,
by any means that the county board or at its direction the HMO, ambulatory
health center, or other clinics authorized under section 383B.219, may
determine. When contracting for
services, the county board must comply with sections 383B.141 to 383B.151 and
other applicable law, except that the board may contract with a private or
public cooperative purchasing organization if it can be established that the
purchasing organization's services that are purchased have been awarded through
a competitive or request for proposal process.
(f) This subdivision applies to the
HMO, Hennepin Healthcare System, Inc., ambulatory health centers, or
other clinics authorized under section 383B.219, as well as any other
organization, association, partnership, or corporation authorized by Hennepin
County under section 144.581.
Sec. 32. [CORRSS-11B]
Laws 2005, chapter 125, article 1, section 13, subdivision 5, is amended to
read:
Subd. 5. [NO
ADVERTISING OR BIDS.] The county may transfer and lease the assets and real
property to the corporation as specified in subdivisions 2 and 3 4
without first advertising for or soliciting any bids.
Sec. 33. [CORRSS-11C]
Laws 2005, chapter 125, article 1, section 16, is amended to read:
Sec. 16. [383B.916]
[FINANCING THROUGH COUNTY.]
In addition to the authority granted in section 16 15,
the county may finance any improvements, equipment, or other property to be
operated by the corporation and may issue bonds for such purposes pursuant to
and subject to the procedures and limitations set forth in section 373.40,
383B.117, 447.45, or other law, as appropriate, whether or not the capital
improvement or equipment to be financed is to be owned by the county or the
corporation.
Sec. 34. [CORRSS-11D]
Laws 2005, chapter 125, article 1, section 29, is amended to read:
Sec. 29. [EFFECTIVE
DATES.]
(a) Sections 3 1 to 8, regarding governance and
corporate powers; section 14, subdivision 1, regarding the establishment of
personnel policies; and section 17, regarding the Minnesota Open Meeting Law
and the Government Data Practices Act are effective when the initial board of
the corporation is appointed by the county board.
(b) The remaining sections provisions of the bill
article are effective the day after the county board files a certificate
of local approval in compliance with Minnesota Statutes, section 645.021,
subdivision 3, after which the corporation shall commence operation and
management of Hennepin County Medical Center.
Sec. 35. [CORRSS-12]
Minnesota Statutes 2004, section 168.27, subdivision 29, as amended by Laws
2005, First Special Session chapter 1, article 1, section 81, is amended to
read:
Subd. 29. [FLEXIBLE
FUEL VEHICLE NOTICE.] At the time a dealer delivers a new flexible fuel
vehicle, the dealer must provide written notice to the consumer that the
vehicle is capable of using alternative fuels, including E85 fuel.
[EFFECTIVE DATE.] This
section is effective retroactively on July 1, 2005.
Sec. 36. [CORRSS-12A] (a)
Laws 2005, First Special Session chapter 1, article 2, section 32, is effective
October 1, 2005.
(b) Laws 2005, First Special Session chapter 1, article 2,
sections 59 to 63, are effective December 13, 2005.
Sec. 37. [CORRSS-14]
Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
4, is amended to read:
Subd. 4. Citizen
Advisory Committee 10,000 10,000
Summary by Fund
Trust Fund
10,000 10,000
$10,000
the first year and $10,000 the second year are from the trust fund to the
Legislative Commission on Minnesota Resources for expenses of the citizen
advisory committee as provided in Minnesota Statutes, section 116P.06, and
expenses of the advisory task force in article 2, section 156. Notwithstanding Minnesota Statutes, section
16A.281, the availability of $15,000 of the appropriation from Laws 2003,
chapter 128, article 1, section 9, subdivision 4, advisory committee, is
extended to June 30, 2007."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
Meslow and Simon moved to amend the Meslow and Simon amendment
to H. F. No. 53 as follows:
Page 44, after line 17, insert:
"Sec. 38. [CORRSS-15]
Minnesota Statutes 2004, section 290.01, subdivision 19a, as amended by
Laws 2005, chapter 151, article 6, section 12, and 2005 First Special Session
H. F. No. 138, if enacted, is amended to read:
Subd. 19a. [ADDITIONS
TO FEDERAL TAXABLE INCOME.] For individuals, estates, and trusts, there shall
be added to federal taxable income:
(1)(i) interest income on obligations of any state other than
Minnesota or a political or governmental subdivision, municipality, or
governmental agency or instrumentality of any state other than Minnesota exempt
from federal income taxes under the Internal Revenue Code or any other federal
statute; and
(ii) exempt-interest dividends as defined in section 852(b)(5)
of the Internal Revenue Code, except the portion of the exempt-interest
dividends derived from interest income on obligations of the state of Minnesota
or its political or governmental subdivisions, municipalities, governmental
agencies or instrumentalities, but only if the portion of the exempt-interest
dividends from such Minnesota sources paid to all shareholders represents 95
percent or more of the exempt-interest dividends that are paid by the regulated
investment company as defined in section 851(a) of the Internal Revenue Code,
or the fund of the regulated investment company as defined in section 851(g) of
the Internal Revenue Code, making the payment; and
(iii) for the purposes of items (i) and (ii), interest on
obligations of an Indian tribal government described in section 7871(c) of the
Internal Revenue Code shall be treated as interest income on obligations of the
state in which the tribe is located;
(2) the amount of income or sales and use taxes paid or accrued
within the taxable year under this chapter and the amount of taxes based on net
income paid or sales and use taxes paid to any other state or to any province
or territory of Canada, to the extent allowed as a deduction under section
63(d) of the Internal Revenue Code, but the addition may not be more than the
amount by which the itemized deductions as allowed under section 63(d) of the
Internal Revenue Code exceeds the amount of (i) the standard deduction
as defined in section 63(c) of the Internal Revenue Code minus (ii) any the
addition which would have been required under clause (10) if the
taxpayer had claimed the standard deduction. For the purpose of this paragraph, the disallowance of itemized
deductions under section 68 of the Internal Revenue Code of 1986, income or
sales and use tax is the last itemized deduction disallowed;
(3)
the capital gain amount of a lump sum distribution to which the special tax
under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law
99-514, applies;
(4) the amount of income taxes paid or accrued within the
taxable year under this chapter and taxes based on net income paid to any other
state or any province or territory of Canada, to the extent allowed as a
deduction in determining federal adjusted gross income. For the purpose of this paragraph, income
taxes do not include the taxes imposed by sections 290.0922, subdivision 1,
paragraph (b), 290.9727, 290.9728, and 290.9729;
(5) the amount of expense, interest, or taxes disallowed
pursuant to section 290.10 other than expenses or interest used in computing
net interest income for the subtraction allowed under subdivision 19b, clause
(1);
(6) the amount of a partner's pro rata share of net income
which does not flow through to the partner because the partnership elected to
pay the tax on the income under section 6242(a)(2) of the Internal Revenue
Code;
(7) 80 percent of the depreciation deduction allowed under
section 168(k) of the Internal Revenue Code.
For purposes of this clause, if the taxpayer has an activity that in the
taxable year generates a deduction for depreciation under section 168(k) and
the activity generates a loss for the taxable year that the taxpayer is not
allowed to claim for the taxable year, "the depreciation allowed under
section 168(k)" for the taxable year is limited to excess of the
depreciation claimed by the activity under section 168(k) over the amount of
the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses
not allowed in the taxable year are allowed, the depreciation under section
168(k) is allowed;
(8) 80 percent of the amount by which the deduction allowed by
section 179 of the Internal Revenue Code exceeds the deduction allowable by
section 179 of the Internal Revenue Code of 1986, as amended through December
31, 2003;
(9) to the extent deducted in computing federal taxable income,
the amount of the deduction allowable under section 199 of the Internal Revenue
Code;
(10) for tax years beginning after December 31, 2004, to the
extent deducted in computing federal taxable income, the amount by which the
standard deduction allowed under section 63(c) of the Internal Revenue Code
exceeds the standard deduction allowable under section 63(c) of the Internal
Revenue Code of 1986, as amended through December 31, 2003; and
(11) the exclusion allowed under section 139A of the Internal
Revenue Code for federal subsidies for prescription drug plans.
Sec. 39. [CORRSS-15A] Minnesota Statutes 2004, section
290.0675, subdivision 1, as amended by 2005 First Special Session H. F. No.
138, if enacted, is amended to read:
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section the following terms have
the meanings given.
(b) "Earned income" means the sum of the following,
to the extent included in Minnesota taxable income:
(1) earned income as defined in section 32(c)(2) of the
Internal Revenue Code;
(2) income received from a retirement pension, profit-sharing,
stock bonus, or annuity plan; and
(3) Social Security benefits as defined in section 86(d)(1) of
the Internal Revenue Code.
(c) "Taxable income" means net income as defined in
section 290.01, subdivision 19.
(d)
"Earned income of lesser-earning spouse" means the earned income of
the spouse with the lesser amount of earned income as defined in paragraph (b)
for the taxable year minus the sum of (i) the amount for one exemption under
section 151(d) of the Internal Revenue Code and (ii) one-half the amount of the
standard deduction under section 63(c)(2)(A) and (4) of the Internal Revenue
Code minus one-half of any addition required under section 290.01, subdivision
19a, clause (10) and one-half of the addition which would have been required
under section 290.01, subdivision 19a, clause (10), if the taxpayer had claimed
the standard deduction."
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Meslow and Simon amendment, as
amended, to H. F. No. 53.
The motion prevailed and the amendment, as amended, was adopted.
Jaros was excused for the remainder of today's session.
Meslow and Simon moved to amend H. F. No. 53, as amended, as
follows:
Page 5, after line 42, insert:
"Sec. 6. [ALBERT
LEA SPECIAL ELECTION.] Notwithstanding the provisions of 2005 First Special
Session H. F. No. 138, article 5, section 38, subdivision 3, if enacted, the
Albert Lea City Council may submit the question to the voters at a special
election on November 8, 2005."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Meslow moved to amend H. F. No. 53, as amended, as follows:
Page 5, after line 42, insert:
"Sec. 6. [CORRSS-16]
Laws 2005, First Special Session H. F. No. 139, article 9, section 16,
if enacted, is amended to read:
Sec. 16. [EFFECTIVE
DATE; RELATIONSHIP TO OTHER APPROPRIATIONS.]
(a) Appropriations in this act are effective
retroactively from July 1, 2005, and supersede and replace funding authorized
by order of the Ramsey County District Court in Case No. C9-05-5928, as well as
by Laws 2005, First Special Session chapter 2, which provided temporary funding
through July 14, 2005. The other
language in this article is effective August 1, 2005, and any sections in
this act without a specific effective date are effective the day following
final enactment."
The motion prevailed and the amendment was adopted.
H.
F. No. 53, A bill for an act relating to legislative enactments; correcting
miscellaneous oversights, inconsistencies, ambiguities, unintended results, and
technical errors; amending Minnesota Statutes 2004, sections 13.72, subdivision
14, as added; 65A.08, subdivision 2, as amended, if enacted; 66A.02, as
amended, if enacted; 152.02, subdivision 6, as amended; 168.011, subdivision 4;
168.012, subdivision 1, as amended; 168.27, subdivision 29, as amended;
203B.12, subdivision 2, as amended; 203B.24, subdivision 1, as amended; 244.10,
subdivision 5, as added; 290.01, subdivision 19a, as amended; 290.0675,
subdivision 1, as amended; 383B.217, subdivision 7, as amended; 515B.4-106, as
amended; 515B.4-108, as amended; Laws 2003, First Special Session chapter 11,
article 2, section 21, as amended; Laws 2005, chapter 20, article 1, section 7,
subdivision 15; Laws 2005, chapter 20, article 1, section 21, subdivision 5;
Laws 2005, chapter 20, article 1, section 46, subdivision 1; Laws 2005, chapter
125, article 1, section 13, subdivision 5; Laws 2005, chapter 125, article 1,
sections 16, 29; Laws 2005, chapter 136, article 1, section 9, subdivisions 3,
6; Laws 2005, chapter 136, article 14, sections 6, 9, 10, 11; Laws 2005,
chapter 164, sections 26, 29; Laws 2005, First Special Session chapter 1,
article 2, section 11, subdivision 4; Laws 2005, First Special Session H. F.
No. 139, article 9, section 16, if enacted; 2005 H. F. No. 1, article 1,
sections 1, if enacted, 9, subdivisions 1, 7, if enacted; 2005 S. F. No. 917,
section 2, if enacted.
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 125 yeas and 3
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Heidgerken
Krinkie
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS, Continued
Dean moved that the name of Dittrich be added as an author on
H. F. No. 105. The
motion prevailed.
Bernardy
moved that the names of Hilstrom; Nelson, M.; Carlson and Peterson, S., be
added as authors on H. F. No. 131. The motion prevailed.
Johnson, J., moved that the names of Peterson, N.; Beard;
Westerberg and Davids be added as authors on H. F. No. 132. The motion prevailed.
The Speaker called Abrams to the Chair.
Paulsen introduced:
House Concurrent Resolution No. 9, A House concurrent
resolution relating to the start of the 2006 regular session of the 84th
Legislature.
SUSPENSION
OF RULES
Paulsen moved that the rules be so far suspended that House
Concurrent Resolution No. 9 be now considered and be placed upon its adoption. The motion prevailed.
HOUSE
CONCURRENT RESOLUTION NO. 9
A House concurrent resolution relating to the start of the 2006
regular session of the 84th Legislature.
Be It Resolved, by the House of Representatives of the
State of Minnesota, the Senate concurring:
The House of Representatives and Senate declare their intent to
convene the 2006 regular session of the 84th Legislature on Wednesday, March 1,
2006, at 12:00 noon.
Paulsen moved that House Concurrent Resolution No. 9 be now
adopted. The motion prevailed and House
Concurrent Resolution No. 9 was adopted.
Paulsen moved that the Chief Clerk be and is hereby instructed
to inform the Senate and the Governor by message that the House of
Representatives is about to adjourn this 2005 Special Session sine die. The motion prevailed.
Paulsen moved that the Chief Clerk be and is hereby authorized
to correct and approve the Journal of the House, 2005 Special Session, for
today, Wednesday, July 13, 2005, and that he be authorized to include in the
Journal for today any subsequent proceedings.
The motion prevailed.
MOTION
TO ADJOURN SINE DIE
Krinkie moved that the House adjourn sine die for the 2005
Special Session.
A roll call was requested and properly seconded.
The
question was taken on the Krinkie motion and the roll was called. There were 36 yeas and 92 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Buesgens
Dean
DeLaForest
Demmer
Eastlund
Erickson
Finstad
Garofalo
Gazelka
Heidgerken
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
Nelson, P.
Nornes
Olson
Opatz
Pelowski
Peppin
Peterson, N.
Seifert
Simpson
Soderstrom
Urdahl
Westerberg
Wilkin
Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Otremba
Ozment
Paulsen
Paymar
Penas
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westrom
Zellers
Spk. Sviggum
The motion did not prevail.
MOTIONS AND RESOLUTIONS, Continued
SUSPENSION
OF RULES
Smith moved that the rules of the House be so far suspended
that H. F. No. 44 be recalled from the Committee on Rules and Legislative
Administration, be given its second and third readings and be placed upon its
final passage.
A roll call was requested and properly seconded.
The question was taken on the Smith motion and the roll was
called.
There were 93 yeas and 35 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Bernardy
Bradley
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Opatz
Otremba
Ozment
Paymar
Pelowski
Penas
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Slawik
Smith
Solberg
Thao
Thissen
Tingelstad
Vandeveer
Wagenius
Walker
Wardlow
Welti
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Beard
Blaine
Brod
Buesgens
Dean
DeLaForest
Eastlund
Erickson
Finstad
Garofalo
Gazelka
Heidgerken
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
Nelson, P.
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Seifert
Simpson
Soderstrom
Sykora
Urdahl
Westerberg
Westrom
Wilkin
The motion prevailed.
H. F. No. 44 was reported to the House.
Pursuant to Article IV, Section 19, of the Constitution of the
state of Minnesota, Smith moved that the rule therein be suspended and an
urgency be declared so that H. F. No. 44 be given its second and
third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
CALL
OF THE HOUSE
On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Atkins was excused for the remainder of today's session.
The question recurred on the Smith motion and the roll was
called. There were 90 yeas and 38 nays
as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Bernardy
Carlson
Clark
Cornish
Cox
Davids
Davnie
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Opatz
Otremba
Ozment
Paymar
Pelowski
Penas
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cybart
Dean
DeLaForest
Demmer
Eastlund
Erickson
Finstad
Garofalo
Gazelka
Hamilton
Heidgerken
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Magnus
Nelson, P.
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Seifert
Severson
Soderstrom
Vandeveer
Westerberg
Wilkin
The motion prevailed.
H. F. No. 44 was read for the second time.
Smith and Murphy moved to amend H. F. No. 44 as follows:
Delete everything after the enacting clause and insert:
"2005
OMNIBUS RETIREMENT BILL
ARTICLE
1
CLARIFICATION
AND RECODIFICATION OF STATEWIDE SPECIALTY RETIREMENT PLANS
Section 1. Minnesota
Statutes 2004, section 3A.01, subdivision 1, is amended to read:
Subdivision 1.
[PURPOSES.] Each of the terms defined in this section, for
the purposes of this chapter shall be given has the meanings
meaning ascribed to them.
Sec. 2. Minnesota
Statutes 2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 1a.
[ACTUARIAL EQUIVALENT.] "Actuarial equivalent" means the
condition of one allowance or benefit having an equal actuarial present value
to another allowance or benefit, determined by the actuary retained under
section 356.214 as of a given date at a specified age with each actuarial
present value based on the mortality table applicable for the plan and approved
under section 356.215, subdivision 18, and using the applicable preretirement
or postretirement interest rate assumption specified in section 356.215,
subdivision 8.
Sec. 3. Minnesota
Statutes 2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 1b.
[AVERAGE MONTHLY SALARY.] "Average monthly salary" means
the average of the member's highest five successive years of salary that was
received as a member of the legislature and upon which the member has made
contributions under section 3A.03, subdivision 1, or for which the member of
the legislature has made payments for past service under Minnesota Statutes
2004, section 3A.02, subdivision 2, or has made, before July 1, 1994, payments
in lieu of contributions under Minnesota Statutes 1992, section 3A.031.
Sec. 4. Minnesota Statutes
2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 1c.
[CONSTITUTIONAL OFFICER.] "Constitutional officer" means a
person who was duly elected, qualifies for, and serves as the governor, the
lieutenant governor, the attorney general, the secretary of state, or the state
auditor of the state of Minnesota.
Sec. 5. Minnesota
Statutes 2004, section 3A.01, subdivision 2, is amended to read:
Subd. 2. [DEPENDENT
CHILD.] (a) "Dependent child" means any natural or adopted
child of a deceased member of the legislature or a former legislator who
is under the age of 18, or who is under the age of 22 and is a full-time
student, and who, in either case, is unmarried and was actually
dependent for more than one-half of support upon such the
legislator for a period of at least 90 days immediately prior to before
the legislator's death. It
(b) The term also includes any child of the member of
the legislature or former legislator who was conceived during the
lifetime of, and who was born after the death of, the member or former
legislator. This subdivision shall
be retroactive as to any dependent child under the age of 22 years as of April
1, 1975.
Sec. 6. Minnesota
Statutes 2004, section 3A.01, subdivision 6, is amended to read:
Subd. 6. [DIRECTOR.]
"Director" means the executive director of the Minnesota State
Retirement System who was appointed under section 352.03, subdivision 5.
Sec. 7. Minnesota Statutes 2004, section 3A.01, is amended by adding a
subdivision to read:
Subd. 6b.
[FORMER LEGISLATOR.] "Former legislator" means a legislator
who has ceased to be a member of the legislature for any reason, including, but
not limited to, the expiration of the term for which a member of the
legislature was elected or the death of the member.
Sec. 8. Minnesota
Statutes 2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 6c.
[MEMBER OF THE LEGISLATURE.] "Member of the legislature"
means a person who was a member of the House of Representatives or of the Senate
of the state of Minnesota who has subscribed to the oath of office after July
1, 1965, and who was first elected to a legislative office before July 1, 1997,
and retained coverage by the plan under Laws 1997, chapter 233, article 2,
section 15.
Sec. 9. Minnesota
Statutes 2004, section 3A.01, subdivision 8, is amended to read:
Subd. 8. [NORMAL
RETIREMENT AGE.] "Normal retirement age" means the age of 60 years
with regard to any member of the legislature whose service terminates prior to
the beginning of the 1981 legislative session, and the age of 62 years with
regard to any member of the legislature whose service terminates after the
beginning of the 1981 session.
Sec. 10. Minnesota
Statutes 2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 9.
[RETIREMENT.] "Retirement" means the period of time after
which a former legislator is entitled to a retirement allowance.
Sec. 11. Minnesota
Statutes 2004, section 3A.01, is amended by adding a subdivision to read:
Subd. 10.
[SALARY.] (a) "Salary" means the regular compensation
payable under law to a member of the legislature and paid to the person for
service as a legislator.
(b) The term includes the monthly compensation paid to the
member of the legislature and the per diem payments paid during a regular or
special session to the member of the legislature.
(c) The term does not include per diem payments paid to a
member of the legislature other than during the regular or special session;
additional compensation attributable to a leadership position under section
3.099, subdivision 3; living expense payments under section 3.101; and special
session living expense payments under section 3.103.
Sec. 12. Minnesota
Statutes 2004, section 3A.011, is amended to read:
3A.011 [ADMINISTRATION OF PLAN.]
The executive director and the board of directors of the
Minnesota State Retirement System shall administer the legislators retirement
plan in accordance with this chapter and chapter 356A.
Sec. 13. Minnesota Statutes
2004, section 3A.02, subdivision 1, is amended to read:
Subdivision 1.
[QUALIFICATIONS.] (a) A former legislator is entitled, upon written
application to the director, to receive a retirement allowance monthly, if the
person:
(1)
has either served at least six full years, without regard to the
application of section 3A.10, subdivision 2, or has served during all or part
of four regular sessions as a member of the legislature, which service need not
be continuous;
(2) has attained the normal retirement age;
(3) has retired as a member of the legislature; and
(4) has made all contributions provided for in section 3A.03,
has made payments for past service under subdivision 2, or has made payments in
lieu of contributions under Minnesota Statutes 1992, section 3A.031, prior
to before July 1, 1994.
(b) This paragraph applies to members of the legislature who
terminate service as a legislator before July 1, 1997. For service rendered before the beginning of
the 1979 legislative session, but not to exceed eight years of service, the
retirement allowance is an amount equal to five percent per year of service of
that member's average monthly salary.
For service in excess of eight years rendered before the beginning of
the 1979 legislative session, and for service rendered after the beginning of
the 1979 legislative session, Unless the former legislator has
legislative service before January 1, 1979, the retirement allowance is an
amount equal to 2-1/2 percent per year of service of that member's average
monthly salary.
(c) This paragraph applies to members of the legislature who
terminate service as a legislator after June 30, 1997. The retirement allowance is an amount equal
to the applicable rate or rates under paragraph (b) per year of service of the
member's average monthly salary and adjusted for that person on an
actuarial equivalent basis to reflect the change in the postretirement interest
rate actuarial assumption under section 356.215, subdivision 8, from five
percent to six percent. The adjustment
must be calculated by or, alternatively, the adjustment procedure must be
specified by, the actuary retained by the Legislative Commission on Pensions
and Retirement under section 356.214. The purpose of this adjustment is to ensure that the total amount
of benefits that the actuary predicts an individual member will receive over
the member's lifetime under this paragraph will be the same as the total amount
of benefits the actuary predicts the individual member would receive over the member's
lifetime under the law in effect before enactment of this paragraph. If the former legislator has legislative
service before January 1, 1979, the person's benefit must include the
additional benefit amount in effect on January 1, 1979, and adjusted as
otherwise provided in this paragraph.
(d) (c) The retirement allowance accrues
beginning with the first day of the month of receipt of the application, but
not before age 60, and for the remainder of the former legislator's life, if
the former legislator is not serving as a member of the legislature or as a
constitutional officer or commissioner as defined in section
352C.021, subdivisions 2 and 3 section 3A.01, subdivision 1c. The annuity does not begin to accrue prior
to before the person's retirement as a legislator. No annuity payment may be made retroactive
for more than 180 days before the date that the annuity application is
filed with the director.
(e) (d) Any member who has served during all or
part of four regular sessions is considered to have served eight years as a
member of the legislature.
(f) (e) The retirement allowance ceases with the
last payment that accrued to the retired legislator during the retired
legislator's lifetime, except that the surviving spouse, if any, is entitled to
receive the retirement allowance of the retired legislator for
the calendar month in which the retired legislator died.
Sec. 14. Minnesota
Statutes 2004, section 3A.02, subdivision 1b, is amended to read:
Subd. 1b. [REDUCED
RETIREMENT ALLOWANCE.] (a) Upon separation from service after the beginning of
the 1981 legislative session, a former member of the legislature who has
attained the age set by the board of directors of the Minnesota State
Retirement System and who is otherwise qualified subdivision 1 is entitled,
upon making written application on in accordance with under
forms supplied a form prescribed
by the director, to a reduced retirement allowance in. The reduced retirement allowance is an
amount equal to the retirement allowance specified in subdivision 1,
paragraph (b), that is reduced so that the reduced annuity allowance
is the actuarial equivalent of the annuity allowance that would
be payable if the former member of the legislature deferred receipt of the annuity
allowance and the annuity allowance amount were was
augmented at an annual rate of three percent compounded annually from the date
the annuity allowance begins to accrue until age 62.
(b) The age set by the board of directors under paragraph (a)
cannot be less an earlier age than the early retirement age under
section 352.116, subdivision 1a.
(c) If there is an actuarial cost to the plan of resetting the
early retirement age under paragraph (a), the retired legislator is required to
pay an additional amount to cover the full actuarial value. The additional amount must be paid in a lump
sum within 30 days of the certification of the amount by the executive
director.
(d) The executive director of the Minnesota State Retirement
System shall report to the Legislative Commission on Pensions and Retirement on
the utilization of this provision annually on or before September 1,
2000.
Sec. 15. Minnesota
Statutes 2004, section 3A.02, subdivision 3, is amended to read:
Subd. 3.
[APPROPRIATION.] The amounts required for payment of retirement
allowances provided by this section are appropriated annually to the director
from the participation of the legislators retirement plan in the
Minnesota postretirement investment fund and shall. The retirement allowance must be paid
monthly to the recipients entitled thereto to those retirement
allowances.
Sec. 16. Minnesota
Statutes 2004, section 3A.02, subdivision 4, is amended to read:
Subd. 4. [DEFERRED
ANNUITIES AUGMENTATION.] (a) The deferred annuity retirement allowance
of any former legislator must be augmented as provided herein.
(b) The required reserves applicable to the deferred annuity
retirement allowance, determined as of the date the benefit begins to
accrue using an appropriate mortality table and an interest assumption of six
percent, must be augmented from the first of the month following the
termination of active service, or July 1, 1973, whichever is later, to
the first day of the month in which the annuity allowance begins
to accrue, at the following annually compounded rate of five percent
per annum compounded annually until January 1, 1981, and thereafter at the rate
of three percent per annum compounded annually until January 1 of the year in
which the former legislator attains age 55.
From that date to the effective date of retirement, the rate is five
percent compounded annually. or rates:
rate
period
(1) five percent
until January 1, 1981
(2) three percent
from January 1, 1981, or from the
first day of the month following
the termination of active service,
whichever is later, until January 1
of the year in which the former
legislator attains age 55
(3) five percent
from the period end date under
clause (2) to the effective date
of retirement.
(b)
The retirement allowance of, or the survivor benefit payable on behalf of, a
former member of the legislature who terminated service before July 1, 1997,
which is not first payable until after June 30, 1997, must be increased on an
actuarial equivalent basis to reflect the change in the postretirement interest
rate actuarial assumption under section 356.215, subdivision 8, from five
percent to six percent under a calculation procedure and tables adopted by the
board of directors of the Minnesota State Retirement System and approved by the
actuary retained by the Legislative Commission on Pensions and Retirement.
Sec. 17. Minnesota
Statutes 2004, section 3A.02, subdivision 5, is amended to read:
Subd. 5. [OPTIONAL
ANNUITIES.] (a) The board of directors shall establish an optional retirement
annuity in the form of a joint and survivor annuity and an optional retirement
annuity in the form of a period certain and life thereafter. Except as provided in paragraph (b), these
optional annuity forms must be actuarially equivalent to the normal annuity
allowance computed under this section, plus the actuarial value of any
surviving spouse benefit otherwise potentially payable at the time of
retirement under section 3A.04, subdivision 1.
An individual selecting an optional annuity under this subdivision waives
and the person's spouse waive any rights to surviving spouse benefits
under section 3A.04, subdivision 1.
(b) If a retired legislator selects the joint and survivor
annuity option, the retired legislator must receive a normal single-life annuity
allowance if the designated optional annuity beneficiary dies before the
retired legislator and no reduction may be made in the annuity to provide for
restoration of the normal single-life annuity allowance in the
event of the death of the designated optional annuity beneficiary.
(c) The surviving spouse of a legislator who has attained at
least age 60 and who dies while a member of the legislature may elect an
optional joint and survivor annuity under paragraph (a), in lieu of surviving
spouse benefits under section 3A.04, subdivision 1.
Sec. 18. Minnesota
Statutes 2004, section 3A.03, subdivision 1, is amended to read:
Subdivision 1.
[PERCENTAGE.] (a) Every member of the legislature shall
contribute nine percent of total salary,.
(b) The contribution must be made by payroll deduction,
to and must be paid into the state treasury and deposited in the
general fund. It shall be the duty
of
(c) The director to must record the
periodic contributions of each member of the legislature and must credit
such each contribution to the member's account.
Sec. 19. Minnesota
Statutes 2004, section 3A.03, subdivision 2, is amended to read:
Subd. 2. [REFUND.] (a)
A former member who has made contributions under subdivision 1 and who is no
longer a member of the legislature is entitled to receive, upon written
application to the executive director on a form prescribed by the executive
director, a refund from the general fund of all contributions credited
to the member's account with interest computed as provided in section 352.22,
subdivision 2.
(b) The refund of contributions as provided in paragraph (a)
terminates all rights of a former member of the legislature and the survivors
of the former member under this chapter.
(c) If the former member of the legislature again becomes a
member of the legislature after having taken a refund as provided in paragraph
(a), the member must be considered is a new member of this
plan the unclassified employees retirement program of the Minnesota
State Retirement System.
(d)
However, the member may reinstate the rights and credit for service previously
forfeited under this chapter if the member repays all refunds taken,
plus interest at an annual rate of 8.5 percent compounded annually from the
date on which the refund was taken to the date on which the refund is repaid.
(d) (e) No person may be required to apply for or
to accept a refund.
Sec. 20. Minnesota
Statutes 2004, section 3A.04, subdivision 1, is amended to read:
Subdivision 1.
[SURVIVING SPOUSE.] (a) Upon the death of a member of the
legislature while serving as such a member after June 30, 1973,
or upon the death of a former member of the legislature with at least the
number of six full years of service as required by section 3A.02,
subdivision 1, clause (1) or service in all or part of four regular
legislative sessions, the surviving spouse shall be paid is
entitled to a survivor benefit in the amount of.
(b) The surviving spouse benefit is one-half of the
retirement allowance of the member of the legislature computed as though the
member were at least normal retirement age on the date of death and based upon the
member's allowable service or upon eight years, whichever is
greater. The augmentation provided in
section 3A.02, subdivision 4, if applicable, shall must be
applied for the period up to, and including, the month of death.
(c) Upon the death of a former legislator receiving a
retirement allowance, the surviving spouse shall be is entitled
to one-half of the amount of the retirement allowance being paid to the
legislator. Such
(d) The surviving spouse benefit shall be paid during
is payable for the lifetime of the surviving spouse.
Sec. 21. Minnesota
Statutes 2004, section 3A.04, subdivision 2, is amended to read:
Subd. 2. [DEPENDENT
CHILDREN.] (a) Upon the death of a member of the legislature while
serving as a member, or upon the death of a former member of the legislature
who has rendered at least the number of six full years of service
as required by section 3A.02, subdivision 1, clause (1) or service in
all or part of four regular legislative sessions and who was not receiving
a retirement allowance, each dependent child of the member or former legislator
shall be is entitled to receive a survivor benefit in the
following amount:
(1) for the first dependent child, a monthly allowance
which equals benefit equal to 25 percent of the monthly retirement
allowance of the member of the legislature or the former legislator
computed as though the member or the former legislator had attained at
least the normal retirement age on the date of death and based upon the average
monthly salary as of the date of death or as of the date of termination,
whichever is applicable applies, and the member's
allowable service or eight years, whichever is greater;
(2) for each additional dependent child, a monthly allowance
which equals benefit equal to 12-1/2 percent of the monthly
retirement allowance of the member or the former legislator computed as provided
in the case of the first child clause (1); but and