STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
EIGHTY-FOURTH DAY
Saint Paul, Minnesota, Monday, March 3, 2008
The House of Representatives convened at 11:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Michael Dobbins, Vasa
Lutheran Church, Welch, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Bly and Faust were excused until 12:15
p.m. Morgan was excused until 1:20
p.m. Finstad was excused until 9:30
p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Eastlund moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2008 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
2428 153 10:05 p.m.
February 28 February
29
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 766, A bill for an act relating to motor fuels; modifying motor fuel
specifications, standards, and requirements; amending Minnesota Statutes 2006,
sections 239.051, subdivision 15; 239.761, subdivisions 3, 4, 6, by adding
subdivisions; 239.7911, subdivision 2; 296A.01, subdivisions 2, 23, 24, 25.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
239.051, subdivision 15, is amended to read:
Subd.
15. Ethanol blender.
"Ethanol blender" means a person who blends and distributes,
transports, sells, or offers to sell gasoline containing ten percent
ethanol by volume.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 239.761, subdivision 4, is amended to read:
Subd.
4. Gasoline
blended with ethanol; general.
(a) Gasoline may be blended with up to ten percent, by volume,
agriculturally derived, denatured ethanol that complies with the requirements
of subdivision 5.
(b) A
gasoline-ethanol blend must:
(1) comply
with the volatility requirements in Code of Federal Regulations, title 40, part
80;
(2)
comply with ASTM specification D4814-06, or the gasoline base stock from which
a gasoline-ethanol blend was produced must comply with ASTM specification
D4814-06; and
(3)
not be blended with casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend
has been sold, transferred, or otherwise removed from a refinery or terminal.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 239.761, is amended by adding a subdivision to read:
Subd.
4a. Gasoline
blended with ethanol; standard combustion engines. Gasoline combined with ethanol for use in
standard combustion engines may be blended with up to ten percent
agriculturally derived, denatured ethanol, by volume, or any percentage
specifically authorized in a waiver granted by the United States Environmental
Protection Agency under section 211(f)(4) of the Clean Air Act, United States
Code, title 42, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply with
the general provisions in subdivision 4.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 239.761, is amended by adding a subdivision to read:
Subd.
4b. Gasoline
blended with ethanol; alternative fuel vehicles. (a) Gasoline blended for use in an
alternative fuel vehicle, as defined in section 296A.01, subdivision 5, may
contain any percentage of agriculturally derived, denatured ethanol, by volume,
not exceeding 85 percent. The
gasoline-ethanol blend must comply with the general provisions in subdivision
4.
(b)
The gasoline and ethanol may be blended by an ethanol blender or at the point
of retail sale in an ethanol-blending fuel dispenser clearly labeled
"FLEX-FUEL VEHICLES ONLY." If a person responsible for the product
uses an ethanol-blending fuel dispenser to dispense both gasoline blended with
ethanol for use in alternative fuel vehicles and gasoline blended with ethanol
for use in standard combustion engines, the person must ensure that the
gasoline blended with ethanol for use in standard combustion engines is
dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated
solely to gasoline blended with ethanol for use in standard combustion engines
and clearly labeled as such. If blended
by an ethanol blender, the percentage of ethanol in the resulting
gasoline-ethanol blend must be clearly identified.
Sec.
5. Minnesota Statutes 2006, section
239.7911, subdivision 2, is amended to read:
Subd.
2. Promotion
of renewable liquid fuels. (a) The
commissioner of agriculture, in consultation with the commissioners of commerce
and the Pollution Control Agency, shall identify and implement activities
necessary for the widespread use of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
through 2015, the commissioners, or their designees, shall work with
representatives from the renewable fuels industry, petroleum retailers,
refiners, automakers, small engine manufacturers, and other interested groups,
to develop annual recommendations for administrative and legislative action.
(b)
The activities of the commissioners under this subdivision shall include, but
not be limited to:
(1)
developing recommendations for incentives for retailers to install equipment
necessary for dispensing renewable liquid fuels to the public and obtaining
regulatory approval for, and private product safety certification of, liquid
fuel dispensers that offer Minnesota consumers a wider variety of renewable
fuel blends, including but not limited to fuel pumps that dispense several
gasoline-ethanol and diesel-biodiesel blends;
(2) expanding
the renewable-fuel options available to Minnesota consumers by obtaining
federal approval for the use of E20, E30, E40, E50, E60, and E70 as
gasoline;
(3)
developing recommendations for ensuring that motor vehicles and small engine
equipment have access to an adequate supply of fuel;
(4)
working with the owners and operators of large corporate automotive fleets in
the state to increase their use of renewable fuels; and
(5)
working to maintain an affordable retail price for liquid fuels.
Sec.
6. Minnesota Statutes 2006, section
296A.01, subdivision 2, is amended to read:
Subd.
2. Agricultural
alcohol gasoline.
"Agricultural alcohol gasoline" means a gasoline-ethanol blend
of up to ten percent agriculturally derived fermentation satisfying
the provisions of section 239.761, subdivision 4a or 4b, with ethanol
derived from agricultural products, such as potatoes, cereal, grains, cheese
whey, sugar beets, forest products, or other renewable resources, that:
(1)
meets the specifications in ASTM specification D4806-04a; and
(2)
is denatured as specified in Code of Federal Regulations, title 27, parts 20
and 21.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 296A.01, subdivision 25, is amended to read:
Subd.
25. Gasoline blended with ethanol.
"Gasoline blended with ethanol" means gasoline blended with
up to 20 percent, by volume, agriculturally derived, denatured ethanol. The blend must comply with the volatility
requirements in Code of Federal Regulations, title 40, part 80. The blend must also comply with ASTM specification
D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was
produced must comply with ASTM specification D4814-06; and the gasoline-ethanol
blend must not be blended with casinghead gasoline, absorption gasoline,
condensation gasoline, drip gasoline, or natural gasoline after the
gasoline-ethanol blend has been sold, transferred, or otherwise removed from a
refinery or terminal. The blend need
not comply with ASTM specification D4814-06 if it is subjected to a standard
distillation test. For a distillation
test, a gasoline-ethanol blend is not required to comply with the temperature
specification at the 50 percent liquid recovery point, if the gasoline from
which the gasoline-ethanol blend was produced complies with all of the
distillation specifications a gasoline-ethanol blend satisfying the
provisions of section 239.761, subdivision 4a or 4b."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 2624, A bill for an act relating to education; establishing an advisory
task force on improving teacher quality and identifying institutional
structures and strategies for effectively integrating secondary and
postsecondary academic and career education.
Reported
the same back with the following amendments:
Page
1, line 16, delete "chancellor of the Minnesota System of Colleges and
Universities" and insert "commissioner of education"
Page
1, line 17, delete "chancellor's" and insert "commissioner's"
Page
1, line 23, after "Development," insert "the Minnesota
Association of Career and Technical Administrators, the Minnesota Association
of Career and Technical Educators,"
Page
2, line 1, delete "chancellor of"
Page
2, line 2, delete "the Minnesota System of Colleges and Universities"
and insert "commissioner of education"
Page
2, line 9, delete "chancellor of the Minnesota System of Colleges and"
Page
2, line 10, delete "Universities" and insert "commissioner
of education"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2721, A bill for an act relating to insurance; regulating auto insurance; regulating
certain claims practices; amending Minnesota Statutes 2006, section 65B.54, by
adding a subdivision.
Reported
the same back with the following amendments:
Page
2, line 10, delete "chiropractic" and insert "licensed
health care providers'"
Page
2, line 11, after "relatives" insert "of the provider"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 2737, A bill for an act relating to natural resources; providing wetland
bank credit under certain state-held conservation easements; proposing coding
for new law in Minnesota Statutes, chapter 103G.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [103G.2251]
STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.
In
greater than 80 percent areas, preservation of wetlands subsequently protected
by a state conservation easement may be eligible for wetland banking credits,
according to rules adopted by the board."
Delete
the title and insert:
"A
bill for an act relating to natural resources; authorizing wetland bank credit
under certain state-held conservation easements; proposing coding for new law in
Minnesota Statutes, chapter 103G."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 2782, A bill for an act relating to education; requiring all K-12 athletic
coaches to undergo criminal history background checks; amending Minnesota
Statutes 2006, section 123B.03, subdivision 1.
Reported
the same back with the following amendments:
Page
3, line 1, after "services" insert "or other extracurricular
or cocurricular services"
Page
3, line 3, delete "athletic coaching"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to which
was referred:
H. F.
No. 2928, A bill for an act relating to agriculture; authorizing farm use of
certain anhydrous ammonia tanks; providing for refilling; authorizing rules to
provide safety and environmental safeguards; proposing coding for new law in
Minnesota Statutes, chapter 18C.
Reported
the same back with the following amendments:
Page
1, line 7, before "Other" insert "(a)"
Page
1, after line 11, insert:
"(b)
All tanks under this section must conform to U.S. Department of Transportation
cargo tank specifications in Code of Federal Regulations, title 49, part 173,
and must be maintained, tested, and inspected as required in Code of Federal
Regulations, title 49, parts 173 and 180.
All loading and unloading of the tanks must conform to requirements of
Code of Federal Regulations, title 49, parts 173 and 177."
With
the recommendation that when so amended the bill pass and be re-referred to the
Transportation Finance Division.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2964, A bill for an act relating to horse racing; providing for sharing of
purse set-aside and breeder's fund revenue; modifying certain restrictions on
simulcasting; amending Minnesota Statutes 2006, sections 240.06, subdivision
5a, by adding a subdivision; 240.13, subdivision 6.
Reported
the same back with the following amendments:
Page
3, line 33, delete "paragraph (b),"
Page
3, after line 36, insert:
"Sec.
4. EFFECTIVE DATE.
This
act is effective the day following final enactment."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 2991, A bill for an act relating to data practices; modifying provisions of
the safe at home program; amending Minnesota Statutes 2006, sections 5B.02;
5B.03, subdivision 1; 5B.07; 171.06, subdivision 3; 171.07, subdivisions 1, 3.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
5B.02, is amended to read:
5B.02 DEFINITIONS.
(a)
For purposes of this chapter and unless the context clearly requires otherwise,
the definitions in this section have the meanings given them.
(b)
"Address" means a residential street address, school address, or work
address of an individual, as specified on the individual's application to be a
program participant under this chapter.
(c)
"Applicant" means an adult, a parent or guardian acting on behalf of
an eligible minor, or a guardian acting on behalf of an incapacitated person,
as defined in section 524.5-102.
(d)
"Domestic violence" means an act as defined in section 518B.01,
subdivision 2, paragraph (a), and includes a threat of such acts committed
against an individual in a domestic situation, regardless of whether these acts
or threats have been reported to law enforcement officers.
(e)
"Eligible person" means an adult, a minor, or an incapacitated person,
as defined in section 524.5-102 for whom there is good reason to believe (i)
that the eligible person is a victim of domestic violence, sexual assault, or
stalking, or (ii) that the eligible person fears for his or her safety or the
safety of persons on whose behalf the application is made.
(f) "Mail"
means first class letters and flats delivered via the United States Postal
Service, including priority, express, and certified mail, and excluding
packages, parcels, periodicals, and catalogues, unless they are clearly
identifiable pharmaceuticals or clearly indicate that they are sent by a
government agency.
(g)
"Program
participant" means an individual certified as a program participant under
section 5B.03.
(g) (h) "Stalking" means
acts criminalized under section 609.749 and includes a threat of such acts
committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
2. Minnesota Statutes 2006, section
5B.03, subdivision 1, is amended to read:
Subdivision
1. Application. The secretary of state shall certify an
eligible person as a program participant when the secretary receives an
application that must contain:
(1)
the name of the eligible person;
(2) a
statement by the applicant that the applicant has good reason to believe (i)
that the eligible person listed on the application is a victim of domestic
violence, sexual assault, or stalking, (ii) that the eligible person fears for
the person's safety or the safety of persons on whose behalf the application is
made, and (iii) that the eligible person is not applying for certification as a
program participant in order to avoid prosecution for a crime;
(3) a
designation of the secretary of state as agent for purposes of service of
process and for the purpose of receipt of mail;
(4)
the mailing address where the eligible person can be contacted by the secretary
of state, and the phone number or numbers where the applicant or eligible
person can be called by the secretary of state;
(5)
the physical address or addresses of the eligible person, disclosure of which
will increase the risk of domestic violence, sexual assault, or stalking;
(6) a
statement whether the eligible person would like information on becoming an
ongoing absentee ballot recipient pursuant to section 5B.06; and
(7)
a statement from the eligible person that gives the secretary of state consent
to confirm the eligible person's participation in Safe at Home to a third party
who provides the program participant's first and last name and Safe at Home lot
number listed on the program participant's card;
(7) (8) the signature of the
applicant, an indicator of the applicant's authority to act on behalf of the
eligible person, if appropriate, the name and signature of any individual or
representative of any person who assisted in the preparation of the
application, and the date on which the application was signed; and
(9)
any other information as required by the secretary of state, to the extent
permitted by rule.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
3. Minnesota Statutes 2006, section
5B.07, is amended to read:
5B.07 DATA CLASSIFICATION.
Subdivision
1. Classification
of data. All data related to
applicants, eligible persons and program participants is private data as
defined by section 13.02, subdivision 12.
A consent for release of information the address from an
applicant, eligible person, or program participant is not effective.
Subd.
2. Release
of data. (a) Upon a request
from the Bureau of Criminal Apprehension, the secretary of state may share
private data with the Bureau of Criminal Apprehension when the secretary of
state, in consultation with the Bureau of Criminal Apprehension, determines
that release will promote public safety.
Private data received by the Bureau of Criminal Apprehension may be
released to a law enforcement agency upon verification that release will aid
the law enforcement agency in responding to an emergency situation or criminal
complaint or investigation.
(b)
Data maintained by the secretary of state, the Bureau of Criminal Apprehension,
and law enforcement agencies related to the process for data sharing under this
section are nonpublic data but may be shared with those agencies. All data maintained related to requests
received from law enforcement agencies and the Bureau of Criminal Apprehension
for not public data under this section are private or nonpublic data.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
4. Minnesota Statutes 2006, section
13.82, is amended by adding a subdivision to read:
Subd.
30. Data
on Safe at Home participants. Data
on applicants, eligible persons, and program participants released to a law
enforcement agency under section 5B.07 is private data.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
5. Minnesota Statutes 2006, section
171.06, subdivision 3, is amended to read:
Subd.
3. Contents
of application; other information.
(a) An application must:
(1)
state the full name, date of birth, sex, and either (i) the residence
address of the applicant, or (ii) the designated address under section 5B.05;
(2) as
may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving
privileges, and the applicant's ability to operate a motor vehicle with safety;
(3)
state:
(i)
the applicant's Social Security number; or
(ii)
if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or
driver's license, that the applicant certifies that the applicant does not have
a Social Security number;
(4)
contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); and
(5)
contain a notification to the applicant of the availability of a living
will/health care directive designation on the license under section 171.07,
subdivision 7.
(b) If
the applicant does not indicate a desire to make an anatomical gift when the
application is made, the applicant must be offered a donor document in
accordance with section 171.07, subdivision 5.
The application must contain statements sufficient to comply with the
requirements of the Uniform Anatomical Gift Act (1987), sections 525.921 to
525.9224, so that execution of the application or donor document will make the
anatomical gift as provided in section 171.07, subdivision 5, for those
indicating a desire to make an anatomical gift. The application must be accompanied by information describing
Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift,
including the law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or
Minnesota identification card. The
notice must be prepared in conjunction with a Minnesota organ procurement
organization that is certified by the federal Department of Health and Human
Services and must include:
(1) a
statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of
informing family members of the donation decision; and
(2) a
telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.
(c)
The application must be accompanied also by information containing relevant
facts relating to:
(1)
the effect of alcohol on driving ability;
(2)
the effect of mixing alcohol with drugs;
(3)
the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and
(4)
the levels of alcohol-related fatalities and accidents in Minnesota and of
arrests for alcohol-related violations.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
6. Minnesota Statutes 2006, section
171.07, subdivision 1, is amended to read:
Subdivision
1. License;
contents. (a) Upon the payment of
the required fee, the department shall issue to every qualifying applicant a
license designating the type or class of vehicles the applicant is authorized
to drive as applied for. This license
must bear a distinguishing number assigned to the licensee; the licensee's full
name, and date of birth, and; either (1) the licensee's
residence address, or (2) the designated address under section 5B.05; a
description
of the
licensee in a manner as the commissioner deems necessary; and the usual
signature of the licensee. No license
is valid unless it bears the usual signature of the licensee. Every license must bear a colored photograph
or an electronically produced image of the licensee.
(b) If
the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the license, then the applicant shall provide
verification from the United States Postal Service that mail will not be
delivered to the applicant's residence address and that mail will be delivered
to a specified alternate mailing address.
When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu
of the applicant's residence address for all notices and mailings to the
applicant.
(c)
Every license issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."
(d) The
department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability
to superimpose a photograph or electronically produced image on a license,
without ready detection.
(e) A
license issued to an applicant age 65 or over must be plainly marked
"senior" if requested by the applicant.
EFFECTIVE DATE. This section is effective June 1, 2008.
Sec.
7. Minnesota Statutes 2006, section
171.07, subdivision 3, is amended to read:
Subd.
3. Identification
card; fee. (a) Upon payment of the
required fee, the department shall issue to every qualifying applicant a
Minnesota identification card. The
department may not issue a Minnesota identification card to an individual who
has a driver's license, other than a limited license. The card must bear a distinguishing number assigned to the
applicant; a colored photograph or an electronically produced image of the
applicant; the applicant's full name, and date of birth, and;
either (1) the licensee's residence address, or (2) the designated
address under section 5B.05; a description of the applicant in the manner
as the commissioner deems necessary; and the usual signature of the applicant.
(b) If
the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the Minnesota identification card, then the
applicant shall provide verification from the United States Postal Service that
mail will not be delivered to the applicant's residence address and that mail
will be delivered to a specified alternate mailing address. When an applicant provides an alternate
mailing address under this subdivision, the commissioner shall use the
alternate mailing address in lieu of the applicant's residence address for all
notices and mailings to the applicant.
(c)
Each identification card issued to an applicant under the age of 21 must be of
a distinguishing color and plainly marked "Under-21."
(d)
Each Minnesota identification card must be plainly marked "Minnesota
identification card - not a driver's license."
(e)
The fee for a Minnesota identification card is 50 cents when issued to a person
who is developmentally disabled, as defined in section 252A.02, subdivision 2;
a physically disabled person, as defined in section 169.345, subdivision 2; or,
a person with mental illness, as described in section 245.462, subdivision 20,
paragraph (c).
EFFECTIVE DATE. This section is effective June 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to data practices; modifying provisions of the safe at
home program; amending Minnesota Statutes 2006, sections 5B.02; 5B.03,
subdivision 1; 5B.07; 13.82, by adding a subdivision; 171.06, subdivision 3;
171.07, subdivisions 1, 3."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F. No. 3000, A bill for an act relating to public
safety; making technical correction to provision relating to financing the
statewide public safety radio system; amending Minnesota Statutes 2006, section
373.47, subdivision 1.
Reported
the same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3068, A bill for an act relating to natural resources; providing a uniform
expiration date for snowmobile registrations and trail stickers; extending
effective period of temporary permits for snowmobiles, off-highway motorcycles,
all-terrain vehicles, and watercraft; modifying temporary permit information
requirements for snowmobiles; amending Minnesota Statutes 2006, sections
84.788, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.922,
subdivision 2; 86B.401, subdivision 2; Minnesota Statutes 2007 Supplement,
section 84.8205, subdivision 1.
Reported
the same back with the following amendments:
Page
4, after line 24, insert:
"(c)
A temporary registration permit issued by a dealer under section 84.82,
subdivision 2, may include a snowmobile state trail sticker if the trail
sticker fee is included with the registration application fee."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3085, A bill for an act relating to real estate; requiring that existing
statutory implied residential construction warranties be made as express
warranties and be provided to the buyer in writing; prohibiting waivers of the
warranty; amending Minnesota Statutes 2006, sections 327A.04; 327A.06; 327A.07;
327A.08.
Reported
the same back with the following amendments:
Page
2, line 26, delete "contracts entered into" and insert "construction
of dwellings or home improvements completed"
Page
3, line 13, strike "home improvement"
Page
3, line 19, delete "home improvement"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3092, A bill for an act relating to real estate; prohibiting discontinuance
of investigations of residential building contractors due to the homeowner
making a warranty claim; amending Minnesota Statutes 2007 Supplement, section
326B.082, by adding a subdivision.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3099, A bill for an act relating to state government; requiring emergency
management training for certain executive branch employees; amending Minnesota
Statutes 2006, section 12.09, by adding a subdivision.
Reported
the same back with the following amendments:
Page
1, line 8, delete "develop" and insert "maintain"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3115, A bill for an act relating to insurance; regulating first party good
faith insurance practices; providing remedies; amending Minnesota Statutes
2006, section 471.982, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 604.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3139, A bill for an act relating to veterinary medicine; recognizing
Program for the Assessment of Veterinary Education Equivalence certification;
limiting use of certain drugs; changing certain requirements; regulating
prescription of drugs; amending Minnesota Statutes 2006, sections 156.001, by
adding a subdivision; 156.02, subdivisions 1, 2; 156.04; 156.072, subdivision 2;
156.073; 156.12, subdivisions 2, 4, 6; 156.15, subdivision 2; 156.16,
subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3145, A bill for an act relating to farming; modifying licensing
requirements for operating historic farm machinery; amending Minnesota Statutes
2006, section 183.411, subdivision 3.
Reported
the same back with the following amendments:
Page
1, line 9, strike "18" and insert "16"
Page
1, after line 22, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3238, A bill for an act relating to waters; providing for sustainable water
use; requiring conservation rate structures; requiring drinking water emergency
ordinance; requiring sharing groundwater information; creating Pollution
Control Agency ombudsman for groundwater pollution education and assistance;
increasing certain fees; requiring conservation pricing for industrial and
commercial users; requiring a report; amending Minnesota Statutes 2006,
sections 103G.101, subdivision 1; 103G.291, by adding a subdivision; 144.3831,
subdivision 1; 444.075, subdivisions 1, 3, 3a; Minnesota Statutes 2007
Supplement, section 103G.291, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 103G; 103H; 116.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
103G.101, subdivision 1, is amended to read:
Subdivision
1. Development. The commissioner shall develop a water
resources conservation program for the state.
The program must include conservation, allocation, and development of
waters of the state for the best interests of the people to ensure
sustainable water use. "Sustainable water use" means use of
water resources that maintains or enhances the current economic and community
well-being while protecting and restoring the natural environment. Sustainable water use meets the needs of the
present without compromising the ability of future generations to meet their
own needs.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 103G.291, subdivision 3, is amended to read:
Subd.
3. Water
supply plans; demand reduction. (a)
Every public water supplier serving more than 1,000 people must submit a water
supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by
the commissioner, the plan must address projected demands, adequacy of the
water supply system and planned improvements, existing and future water
sources, natural resource impacts or limitations, emergency preparedness, water
conservation, supply and demand reduction measures, and allocation priorities
that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification,
submit it to the commissioner for approval every ten years.
(b)
The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply
system and is a required element of the local comprehensive plan required under
section 473.859. Water supply plans or
updates submitted after December 31, 2008, must be consistent with the
metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).
(c)
Public water suppliers serving more than 1,000 people must employ water use
demand reduction measures, including a conservation rate structure, as
defined in subdivision 4, paragraph (a), unless exempted under subdivision 4,
paragraph (c), before requesting approval from the commissioner of health under
section 144.383, paragraph (a), to construct a public water supply well or
requesting an increase in the authorized volume of appropriation. Demand reduction measures must include
evaluation of conservation rate structures and a public education program that
may include a toilet and showerhead retrofit program.
(d)
Public water suppliers serving more than 1,000 people must submit records that
indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required
under section 103G.281, subdivision 3.
(e)
For the purposes of this subdivision section, "public water
supplier" means an entity that owns, manages, or operates a public water
supply, as defined in section 144.382, subdivision 4.
Sec.
3. Minnesota Statutes 2006, section
103G.291, is amended by adding a subdivision to read:
Subd.
4. Conservation
rate structure required. (a)
For the purposes of this section, "conservation rate structure" means
a rate structure that encourages conservation by increasing the rate the higher
the level of use or during certain time periods and may include increasing
block rates, seasonal rates, time of use rates, individualized goal rates, or
excess use rates.
(b)
To encourage conservation, a public water supplier serving more than 1,000
people in the metropolitan area, as defined in section 473.121, subdivision 2,
shall use a conservation rate structure by January 1, 2010. All remaining public water suppliers serving
more than 1,000 people shall use a conservation rate structure by
January 1, 2013.
(c)
A public water supplier without the proper measuring equipment to track the
amount of water used by its users
is exempt from this subdivision and the conservation rate structure requirement
under subdivision 3, paragraph (c).
Sec.
4. [103G.292]
DRINKING WATER EMERGENCY MANAGEMENT PLAN.
Subdivision
1. Model
plan. The commissioner of
natural resources, in cooperation with the commissioners of health and the
Pollution Control Agency, shall develop a model drinking water emergency
management plan that can be adapted for use by cities and counties to meet the
requirement in subdivision 2. The model
plan must address procedures during a drinking water emergency or other
emergency that would affect drinking water supplies, such as a water shortage
or contamination, natural disaster, or pandemic, and must include procedures
for:
(1)
the use of alternative supplies of water;
(2)
the use of alternative water treatment options;
(3)
prioritization of water use;
(4)
implementation of conservation measures;
(5)
communication responsibilities and procedures so that public communication
during emergency situations is accomplished in a timely and efficient manner;
(6)
identification of local, state, and federal responsibilities; and
(7)
coordination between local, state, and federal authorities.
Subd.
2. Plan
required. By January 1,
2011, all counties and statutory and home rule charter cities shall adopt an
emergency drinking water plan that addresses the procedures listed in
subdivision 1 and submit the plan to the commissioner of natural resources.
Sec.
5. [103H.176]
GROUNDWATER INFORMATION STANDARD.
(a)
The commissioner of health, in cooperation with the commissioners of natural
resources, agriculture, and the Pollution Control Agency, shall develop a
standardized format for groundwater information. The format must allow easy transfer of information between state
and local units of government and include a means for collecting and
transferring information collected from wells, including well location, such as
a well's global positioning system coordinates, and the unique well number.
(b)
A state or local unit of government collecting groundwater information shall
share the information, upon request, with other state and local units of
government.
(c)
For the purposes of this section, a "local unit of government" is a
county, statutory or home rule charter city, or town.
Sec.
6. Minnesota Statutes 2006, section
103I.236, is amended to read:
103I.236 CONTAMINATED WELL DISCLOSURE IN
WASHINGTON COUNTY.
(a)
Before
signing an agreement to sell or transfer real property in Washington County
that is not served by a municipal water system, the seller must state in
writing to the buyer whether, to the seller's knowledge, the property is
located within a special well construction area designated by the commissioner
of health under Minnesota Rules,
part
4725.3650. If the disclosure under
section 103I.235, subdivision 1, paragraph (a), states that there is an
unsealed well on the property, the disclosure required under this clause must
be made regardless of whether the property is served by a municipal water
system.
(b)
Before signing an agreement to sell or transfer real property that is not
served by a municipal water system, the seller must state in writing to the
buyer whether, to the seller's knowledge, the property contains a well known to
be contaminated.
Sec.
7. [116.20]
OMBUDSMAN FOR GROUNDWATER POLLUTION EDUCATION AND ASSISTANCE.
Subdivision
1. Appointment. The Pollution Control Agency shall
appoint an ombudsman for groundwater pollution education and assistance in the
classified service.
Subd.
2. Duties. The ombudsman's duties include, but are
not limited to:
(1)
providing education and assistance to the general public on any aspect of
groundwater pollution;
(2)
disseminating information on the financing and program funding sources for
cleanup and restoration of groundwater pollution;
(3)
monitoring, reviewing, and providing comments and recommendations to federal,
state, and local groundwater quality authorities on laws and regulations;
(4)
providing information to federal, state, and local groundwater quality
authorities and the public on the requirements of the Clean Water Act;
(5)
disseminating information concerning proposed state groundwater quality
regulations, control technologies, and other information to small businesses,
property owners, and other interested parties;
(6)
participating in and sponsoring meetings and conferences concerning groundwater
quality laws and regulations with state and local regulatory officials,
industry groups, and the public;
(7)
investigating and assisting in the resolution of complaints and disputes from
the public against state or local groundwater quality authorities or
responsible parties;
(8)
arranging for and assisting in the preparation of groundwater quality program
guideline documents to ensure that the language is readily understandable by
the lay person;
(9)
establishing cooperative programs with trade associations and small businesses
to promote and achieve voluntary compliance with federal and state groundwater
quality laws and regulations; and
(10)
performing the ombudsman's duties in cooperation and coordination with
governmental entities and private organizations as appropriate so as to
eliminate overlap and duplication to the extent practicable.
Subd.
3. Independence
of action. In carrying out
the duties under this section, the ombudsman may act independently of the
Pollution Control Agency in providing testimony to the legislature, contacting
and making periodic reports to federal and state officials as necessary to
carry out the duties under this section, and addressing problems of concern to
the public.
Subd.
4. Qualifications. The ombudsman must be knowledgeable about
federal and state water quality laws and regulations, control technologies, and
federal and state legislative and regulatory processes. The ombudsman must be experienced in dealing
with both private enterprise and governmental entities, arbitration and
negotiation, interpretation of laws and regulations, investigation, record
keeping, report writing, public speaking, and management.
Subd.
5. Office
support. The Pollution
Control Agency shall provide the ombudsman with the necessary office space,
supplies, equipment, and clerical support to effectively perform the duties
under this section.
Sec.
8. Minnesota Statutes 2006, section
473.1565, subdivision 2, is amended to read:
Subd.
2. Advisory
committee. (a) A Metropolitan Area
Water Supply Advisory Committee is established to assist the council in its
planning activities in subdivision 1.
The advisory committee has the following membership:
(1)
the commissioner of agriculture or the commissioner's designee;
(2)
the commissioner of health or the commissioner's designee;
(3)
the commissioner of natural resources or the commissioner's designee;
(4)
the commissioner of the Pollution Control Agency or the commissioner's
designee;
(5)
two officials of counties that are located in the metropolitan area, appointed
by the governor;
(6)
five officials of noncounty local governmental units that are located in the
metropolitan area, appointed by the governor; and
(7)
the chair of the Metropolitan Council or the chair's designee, who is chair of
the advisory committee.
A
local government unit in each of the seven counties in the metropolitan area
must be represented in the seven appointments made under clauses (5) and (6).
(b)
Members of the advisory committee appointed by the governor serve at the
pleasure of the governor. Members of
the advisory committee serve without compensation but may be reimbursed for
their reasonable expenses as determined by the Metropolitan Council. The advisory committee expires December 31, 2008
2010.
(c)
The council must consider the work and recommendations of the advisory
committee when the council is preparing its regional development framework.
Sec.
9. APPLICATION.
Section
8 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington."
Delete
the title and insert:
"A
bill for an act relating to waters; providing for sustainable water use;
requiring conservation rate structures; requiring drinking water emergency management
plan; requiring disclosure of contaminated wells; requiring sharing groundwater
information; creating Pollution Control Agency ombudsman for groundwater
pollution education and assistance; extending the expiration date for the
Metropolitan Area Water Supply Advisory Committee; amending
Minnesota
Statutes 2006, sections 103G.101, subdivision 1; 103G.291, by adding a
subdivision; 103I.236; 473.1565, subdivision 2; Minnesota Statutes 2007
Supplement, section 103G.291, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 103G; 103H; 116."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Local Government and Metropolitan Affairs.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3281, A bill for an act relating to natural resources; modifying age
exemption from snowmobile safety certificate requirement; amending Minnesota
Statutes 2006, section 84.862, subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
84.862, is amended by adding a subdivision to read:
Subd.
4. Violation. A person found in violation of this
section shall have 30 days to either prove that they have taken the snowmobile
safety training or take the required snowmobile safety training. After 30 days, a person found in violation
of this section who has failed to either prove that they have taken the
training or take the training shall be in violation of this section and subject
to any applicable penalties."
Delete
the title and insert:
"A
bill for an act relating to natural resources; modifying snowmobile training
provisions; amending Minnesota Statutes 2006, section 84.862, by adding a
subdivision."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3284, A bill for an act relating to natural resources; prohibiting the
enforcement of federal laws by state employees in the state's navigable waters
of Voyageurs National Park; proposing coding for new law in Minnesota Statutes,
chapter 84B.
Reported
the same back with the following amendments:
Page
1, line 7, after "laws" insert "pertaining to the use
of all-terrain vehicles, snowmobiles, or aircraft"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3289, A bill for an act relating to auctioneers; exempting auctioneers from
certain requirements applicable to professional fund-raisers; amending
Minnesota Statutes 2006, section 309.515, subdivision 1.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3306, A bill for an act relating to securities; modifying the Minnesota
Securities Act; regulating registrations, filings, and fees; making various
technical changes; amending Minnesota Statutes 2006, sections 80A.40; 80A.41;
80A.46; 80A.50; 80A.52; 80A.54; 80A.55; 80A.56; 80A.57; 80A.58; 80A.60; 80A.65,
subdivision 2, by adding a subdivision; 80A.66; 80A.67; 80A.76; 80A.82; 80A.83;
80A.85; 80A.87.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3329, A bill for an act relating to education; establishing state measures
of academic success; amending Minnesota Statutes 2006, sections 120B.31, as
amended; 120B.35, as amended; 120B.36, as amended; 120B.362; Minnesota Statutes
2007 Supplement, section 120B.30; proposing coding for new law in Minnesota
Statutes, chapter 120B.
Reported
the same back with the following amendments:
Page
1, line 24, delete "the Minnesota Assessment Group and the Local
Assessment"
Page
1, line 25, delete "and Accountability Advisory Committee,"
and insert "a recognized Minnesota assessment group composed of
assessment and evaluation directors and staff and researchers"
Page
9, line 15, after "year" insert ", consistent with
section 120B.299, subdivision 6, initially benchmarking the state growth norm
to 2007-2008 school year data"
Page
9, line 16, after "growth" insert "at and"
Page
11, line 15, after "students" insert "at and"
Page
13, line 7, delete "the Minnesota Assessment Group and the"
Page
13, line 8, delete "Local Assessment and Advisory Committee"
and insert "a recognized Minnesota assessment group composed of assessment
and evaluation directors and staff and researchers"
Page
13, line 9, delete "and" and after "teachers"
insert ", and parents"
Page
14, line 1, delete "develop" and insert "propose to
the education policy and finance committees of the legislature by February 1,
2009,"
Page
14, line 3, after "system" insert "proposal"
Page
14, line 5, after "must" insert "propose to"
Page
15, line 9, delete the second "Minnesota"
Page
15, line 10, delete "Assessment Group" and insert "recognized
Minnesota assessment group composed of assessment and evaluation directors and
staff and researchers under Minnesota Statutes, section 120B.299, subdivision
6,"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3356, A bill for an act relating to commerce; requiring Explore Minnesota
Tourism to study vacation rental lodging; creating definitions; requiring a report.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3366, A bill for an act relating to environment; modifying Petrofund
program; amending Minnesota Statutes 2006, sections 115C.04, subdivision 3;
115C.09, subdivision 3h, by adding a subdivision; repealing Minnesota Statutes
2006, section 115C.09, subdivision 3j.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Commerce and Labor.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 3368, A bill for an act relating to utilities; setting filing deadline for
certain reports; regulating customer payment arrangements during cold weather
period; regulating payment agreements for certain utility services; prohibiting
disconnections of services if certain medical conditions exist; amending
Minnesota Statutes 2006, section 216B.098, subdivisions 3, 5, by adding a
subdivision; Minnesota Statutes 2007 Supplement, sections 216B.091; 216B.096,
subdivisions 5, 10.
Reported
the same back with the following amendments:
Page
3, line 4, before the period, insert ", taking into consideration
customer availability, employee availability, and construction and related
activity required for reconnection of service"
Page
3, delete section 5
Page
4, delete section 6
Amend
the title as follows:
Page
1, line 4, delete everything after the semicolon
Page
1, line 5, delete everything before "amending"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3390, A bill for an act relating to public health; establishing a public
health access fund; establishing a program to monitor BMI in children;
establishing a statewide health improvement program; increasing the tobacco
impact fees; appropriating money; amending Minnesota Statutes 2006, sections
16A.725, subdivision 1; 256.9658, subdivisions 3, 9; Minnesota Statutes 2007
Supplement, section 120B.021, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 16A; 120B; 145.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 120B.021, subdivision 1, is amended to read:
Subdivision
1. Required
academic standards. (a) The
following subject areas are required for statewide accountability:
(1)
language arts;
(2)
mathematics;
(3)
science;
(4)
social studies, including history, geography, economics, and government and
citizenship;
(5)
health, nutrition, and physical education, for which locally developed
academic standards apply; and
(6)
the arts, for which statewide or locally developed academic standards apply, as
determined by the school district.
Public elementary and middle schools must offer at least three and
require at least two of the following four arts areas: dance; music; theater; and visual arts. Public high schools must offer at least
three and require at least one of the following five arts areas: media arts; dance; music; theater; and
visual arts.
(b)
The
commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For purposes of applicable
federal law, the academic standards for language arts, mathematics, and science
apply to all public school students, except the very few students with extreme
cognitive or physical impairments for whom an individualized education plan
team has determined that the required academic standards are inappropriate. An individualized education plan team that
makes this determination must establish alternative standards.
(c)
A school
district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law
or rule. A school district that
incorporates these state graduation requirements before the 2007-2008 school
year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th
grade. District efforts to develop,
implement, or improve instruction or curriculum as a result of the provisions
of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
(d)
The
commissioner must include the contributions of Minnesota American Indian tribes
and communities as they relate to the academic standards during the review and
revision of the required academic standards.
EFFECTIVE DATE. This section is effective for the 2008-2009 school year and
later.
Sec.
2. [120B.0215]
BMI MONITORING IN CHILDREN AND YOUTH.
By
July 1, 2009, the commissioners of education and health shall collaboratively
establish and implement a cost-effective program to monitor rates of overweight
and obese children in the state by collecting and analyzing Body Mass Index
(BMI) data. To the extent possible, in
establishing this BMI monitoring program, the commissioners shall use existing
child and youth monitoring systems or surveys.
The BMI data collected must be used to measure progress in reducing the
percentage of overweight and obese children in the state, and must be used to
accurately target intervention and prevention services throughout the
state. To the extent necessary for
implementation and analysis, the Departments of Education and Health may share
data collected under this program, consistent with the requirements in chapter
13. Analysis of the data collected and
trends in overweight and obese children in the state must be reported according
to section 3.195 to the legislature every other year, starting January 15,
2010. By January 1, 2009, the
commissioners must report to the legislature on the proposed design of the BMI
monitoring program, and any local or statewide cost considerations.
Sec.
3. [145.986]
STATEWIDE HEALTH IMPROVEMENT PROGRAM.
Subdivision
1. Goals. The initial goals of the public health
improvement program are to reduce the percentage of Minnesotans who are obese
or overweight to less than half by the year 2020 and to reduce tobacco smoking
by two percent annually starting in 2011.
By 2011, and considering available funding, the commissioner of health,
in consultation with the State Community Health Advisory Committee established
in section 145A.10, subdivision 10, and other stakeholders, may make
recommendations as to future goals related to alcohol use and illegal drug use.
Subd.
2. Funding
local communities. Beginning
January 1, 2009, the commissioner of health must provide funding to community
health boards to convene, coordinate, and lead locally developed programs
targeted at achieving measurable health improvement goals. Funding to each community health board will
be distributed based on a per capita formula, with a base allocation of $50,000
to each community health board that receives funding. By January 15, 2011, the commissioner of health must recommend
whether additional funding should be distributed to community health boards
based on health disparities demonstrated in the populations served.
Subd.
3. Outcomes. (a) The commissioner of health must set
performance measures and annually review the progress of local communities in
improving the performance measures. The
commissioner may provide technical assistance and corrective action plans to
ensure that local communities are making sufficient progress.
(b)
The commissioner must measure current public health data, using existing
measures and data collection systems when available, to determine baseline data
against which progress shall be monitored.
Subd.
4. Media
campaign. The commissioner
of health must conduct a statewide marketing campaign using public media to
reinforce local efforts at addressing health improvement goals. The commissioner must develop the statewide
campaigns and determine the timing of these campaigns in consultation with
local public health representatives.
Sec.
4. HEALTH,
NUTRITION, AND PHYSICAL EDUCATION ADVISORY COUNCIL.
(a)
The commissioner of education shall convene an advisory council to develop and
make recommendations related to health, nutrition, and physical education in
schools. This advisory council is
governed by Minnesota Statutes, section 15.059.
(1)
The advisory council shall include the following members appointed by the
commissioner of education:
(i)
a curriculum specialist;
(ii)
a person familiar with the requirements of Title IX, Education Amendments of
1972;
(iii)
a representative of the school food service industry;
(iv)
a nutritionist;
(v)
a health educator; and
(vi)
a physical fitness educator.
(2)
The advisory council shall, also, include members appointed by the following
entities:
(i)
the Minnesota School Boards Association may appoint one member;
(ii)
the Board of Teaching may appoint one member;
(iii)
the School Nurse Organization of Minnesota may appoint one member;
(iv)
the American Heart Association may appoint one member;
(v)
the Minnesota Elementary School Principals' Association may appoint one member;
(vi)
the Minnesota Association of Secondary School Principals may appoint one
member;
(vii)
the Local Public Health Association of Minnesota may appoint one member; and
(viii)
the commissioner of health may appoint one health promotion representative.
(b)
The advisory council shall develop and make recommendations for statewide
curriculum standards that should be adopted for health, nutrition, and physical
education. The goal of these standards
must be to promote the understanding of the health habits that will serve
students throughout their lifetimes, by promoting health and avoiding health
risks, encouraging increased activity and cardiovascular health, and supporting
improved nutrition.
The
advisory council shall develop and make recommendations for a wide range of
options for meeting the goal of having students in kindergarten through grade
12 experience at least 30 minutes of physical activity per day, of which 90
minutes per week must be cardiovascular fitness.
The
advisory council shall develop and make recommendations for school nutrition
improvements that reduce consumption of refined sugars, saturated fats, and
processed foods, including recommendations as to the feasibility of using
locally grown products in school nutrition programs.
(c)
The commissioner of education shall report the recommendations to the
legislature according to Minnesota Statutes, section 3.195, by January 15,
2009.
Sec.
5. APPROPRIATIONS.
(a)
$....... is appropriated from the general fund in fiscal year 2009 to the
commissioner of health to implement the statewide health improvement program
under Minnesota Statutes, section 145.986.
Beginning January 1, 2009, the commissioner of health shall provide
funding to community health boards to implement local public health programs.
(b)
$....... is appropriated from the general fund in fiscal year 2009 depending on
availability of funds to the commissioner of health for a statewide public
health media campaign. Subject to the
availability of funding, the funds shall be made available to the commissioner
of health beginning January 1, 2009."
Delete
the title and insert:
"A
bill for an act relating to public health; adding nutrition as a required
academic standard; requiring a BMI monitoring program for children and youth;
establishing a statewide health improvement program; establishing a health,
nutrition, and physical education advisory council; requiring reports;
appropriating money; amending Minnesota Statutes 2007 Supplement, section
120B.021, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 120B; 145."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on E-12 Education.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3437, A bill for an act relating to natural resources; providing a process
for designating star lakes or rivers; creating a Star Lake Board as a nonprofit
corporation; allowing for the placement of star lake or river signs on
highways; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 103B; 173.
Reported
the same back with the following amendments:
Page
4, line 35, after "may" insert "request the Department
of Transportation to" and delete everything after "signs"
and insert "under section 161.139."
Page
5, line 1, delete everything before "One"
Page
5, line 2, after "to" insert "a" and delete
"access areas"
Page
5, line 3, after "passes" insert "over the lake or
river in the Department of Transportation's eight-county metropolitan district
or" and before the period, insert "in greater Minnesota"
Page
5, line 5, delete everything after "sign" and insert "by
the Department of Transportation under section 161.139."
Page
5, delete line 6
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3470, A bill for an act relating to education; directing the Minnesota
Department of Education to collaboratively establish, maintain, and revise
statewide technology standards and guidelines for school districts to use in
improving the academic achievement of all students; proposing coding for new
law in Minnesota Statutes, chapter 125B.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3582, A bill for an act relating to insurance; homeowners; regulating flood
insurance coverage; requiring disclosures of noncoverage; proposing coding for
new law in Minnesota Statutes, chapter 65A.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 766, 2721, 2737, 2782, 2964, 2991, 3000, 3085, 3099,
3115, 3139, 3289, 3306, 3356, 3368 and 3582 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Eastlund, Rukavina, McFarlane, Brynaert, Ruth, Erickson,
Gunther and Nornes introduced:
H. F. No. 3628, A bill for an act relating to higher education;
requiring a common course numbering system for the Minnesota State Colleges and
Universities.
The bill was read for the first time and referred to the Higher
Education and Work Force Development Policy and Finance Division.
Slocum; Bly; Peterson, S.; Swails; Heidgerken; Greiling and
Madore introduced:
H. F. No. 3629, A bill for an act relating to education;
establishing a temporary, three-year appeals process for high school seniors
who do not receive a passing score on the state GRAD test; directing the
education commissioner to evaluate this process and make recommendations;
amending Minnesota Statutes 2006, section 120B.36, by adding a subdivision.
The bill was read for the first time and referred to the Committee
on E-12 Education.
DeLaForest introduced:
H. F. No. 3630, A bill for an act relating to civil actions;
providing that a contract for commuter rail may not include tort immunity for a
class I railroad; amending Minnesota Statutes 2006, section 174.82.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
DeLaForest and Kahn introduced:
H. F. No. 3631, A bill for an act relating to commerce;
removing the statutory prohibition against certain sales of motor vehicles on
Sunday; repealing Minnesota Statutes 2006, section 168.275.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
DeLaForest introduced:
H. F. No. 3632, A bill for an act proposing an amendment to the
Minnesota Constitution, article X, section 1, by adding a section; article XI,
sections 4, 6, 7; prohibiting the imposition of ad valorem taxes.
The bill was read for the first time and referred to the
Committee on Taxes.
Swails, Bunn, Benson, Brown and Slocum introduced:
H. F. No. 3633, A bill for an act relating to education;
establishing course preparation and continuing education requirements for
school administrators and teachers working with gifted and talented students;
amending Minnesota Statutes 2006, sections 122A.14, by adding subdivisions;
122A.18, by adding subdivisions.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Gunther introduced:
H. F. No. 3634, A bill for an act relating to capital
improvements; appropriating money for the Adolescent Treatment Center-Winnebago
(ATCW); authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Hosch, Eken, Fritz, Finstad and Murphy, E., introduced:
H. F. No. 3635, A bill for an act relating to human services;
providing additional rate adjustments for nursing facilities and
community-based long-term care providers; amending Minnesota Statutes 2007
Supplement, section 256B.434, subdivision 19; Laws 2007, chapter 147, article
7, section 71.
The bill was read for the first time and referred to the
Committee on Finance.
Hosch; Murphy, E.; Eken; Fritz; Erickson and Finstad
introduced:
H. F. No. 3636, A bill for an act relating to human services;
modifying the phase-in of rebased nursing facility operating cost payment
rates; amending Minnesota Statutes 2007 Supplement, section 256B.441,
subdivisions 1, 55.
The bill was read for the first time and referred to the Committee
on Finance.
Madore, Bly, Greiling, Laine and Hausman introduced:
H. F. No. 3637, A bill for an act relating to human services;
modifying Medicare special needs plans; amending Minnesota Statutes 2006,
section 256B.69, subdivision 28.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Madore, Bly, Laine, Hausman and Greiling introduced:
H. F. No. 3638, A bill for an act relating to human services;
modifying Medicare special needs plans; amending Minnesota Statutes 2006,
section 256B.69, subdivision 28.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Madore, Laine, Bly, Slocum, Hausman and Greiling introduced:
H. F. No. 3639, A bill for an act relating to human services;
modifying Medicare special needs plans; requiring a mandated report; amending
Minnesota Statutes 2006, section 256B.69, subdivision 28.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Madore; Anderson, B.; Nornes and Gardner introduced:
H. F. No. 3640, A bill for an act relating to the Board of
Medical Practice; changing criteria for removal from the board; amending
Minnesota Statutes 2006, section 147.01, subdivision 1, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Howes introduced:
H. F. No. 3641, A bill for an act relating to natural
resources; mandating classification of Mississippi Headwaters State Forest.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Madore, Laine, Bly, Hausman and Greiling introduced:
H. F. No. 3642, A bill for an act relating to human services;
modifying Medicare special needs plans; amending Minnesota Statutes 2006,
section 256B.69, subdivision 28.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Poppe, Erickson, Moe, McNamara and Peterson, A., introduced:
H. F. No. 3643, A bill for an act relating to environment;
modifying licensing requirements for individual sewage treatment system
professionals; amending Minnesota Statutes 2007 Supplement, section 115.56,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Hornstein, Huntley and Howes introduced:
H. F. No. 3644, A bill for an act relating to local government;
extending and changing the terms of guaranteed energy savings contracts under
the uniform municipal contracting law; amending Minnesota Statutes 2007
Supplement, section 471.345, subdivision 13.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Marquart introduced:
H. F. No. 3645, A bill for an act relating to taxation;
property; modifying certification of proposed levies for purposes of truth in
taxation; amending Minnesota Statutes 2006, section 275.065, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Marquart introduced:
H. F. No. 3646, A bill for an act relating to local government;
changing the contract threshold amounts subject to certain requirements of the
Uniform Municipal Contracting Law; amending Minnesota Statutes 2006, sections
103E.705, subdivisions 5, 6, 7; 471.345, subdivisions 3, 4; Minnesota Statutes
2007 Supplement, section 471.345, subdivisions 3a, 4a, 5.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
McNamara and Garofalo introduced:
H. F. No. 3647, A bill for an act relating to education
finance; appropriating money to Independent School District No. 200, Hastings,
for school bus leasing expenses.
The bill was read for the first time and referred to the
Committee on Finance.
Hosch introduced:
H. F. No. 3648, A bill for an act relating to health; making
changes to nursing home moratorium provisions; amending Minnesota Statutes
2006, section 144A.073, as amended.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Hosch introduced:
H. F. No. 3649, A bill for an act relating to health; changing
information required for filing a complaint with a health plan company;
amending Minnesota Statutes 2006, section 62Q.69, subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Zellers; Paulsen; DeLaForest; Atkins; Lillie; Dean; Bigham;
Murphy, M.; Kahn; Hilty; Hilstrom; Hosch; Simpson; Dettmer; Drazkowski and
Tingelstad introduced:
H. F. No. 3650, A bill for an act relating to consumer
protection; prohibiting retail sales of toys that have been recalled for safety
reasons; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Fritz introduced:
H. F. No. 3651, A bill for an act relating to health; allowing
commissioner discretion in revoking or suspending a nursing home license under
certain conditions; amending Minnesota Statutes 2006, section 144A.11,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Fritz introduced:
H. F. No. 3652, A bill for an act relating to health; changing
provisions for nursing facility case mix classifications; amending Minnesota
Statutes 2006, section 144.0724, subdivision 7.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Winkler introduced:
H. F. No. 3653, A bill for an act relating to health; changing
provisions governing the operation of public pools, spas, and swimming pools;
amending Minnesota Statutes 2006, section 144.1222, subdivision 1a, by adding
subdivisions.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Winkler introduced:
H. F. No. 3654, A bill for an act relating to health; creating
the Minnesota Responds Medical Reserve Corps; amending Minnesota Statutes 2006,
sections 145A.04, by adding subdivisions; 145A.06, by adding subdivisions;
176.011, subdivision 9; proposing coding for new law in Minnesota Statutes,
chapter 192.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Liebling, Laine, Tschumper, Thissen, Scalze and Murphy, E.,
introduced:
H. F. No. 3655, A bill for an act relating to human services;
requiring the commissioner of human services to establish and administer a universal
prescription drug program and prescription drug bulk purchasing program;
establishing a dedicated fund; appropriating money from the dedicated fund to
the commissioner; requiring mandated reports; proposing coding for new law as
Minnesota Statutes, chapter 256N.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Tschumper introduced:
H. F. No. 3656, A bill for an act relating to taxation;
providing a sales tax exemption of materials, supplies, and equipment used in
constructing a wastewater treatment facility in the city of Fountain;
appropriating money; amending Minnesota Statutes 2006, sections 297A.71, by
adding a subdivision; 297A.75, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the
Committee on Taxes.
Hoppe and Kohls introduced:
H. F. No. 3657, A bill for an act relating to Carver County;
making the library board advisory to the county board.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Slawik introduced:
H. F. No. 3658, A bill for an act relating to health; changing
enrollment requirements for MinnesotaCare; amending Minnesota Statutes 2006,
section 256L.07, subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Benson and Greiling introduced:
H. F. No. 3659, A bill for an act relating to education;
modifying sponsor fees assessed to charter schools; amending Minnesota Statutes
2006, section 124D.10, subdivision 15.
The bill was read for the first time and referred to the
Committee on Finance.
Dettmer, Gottwalt, Haws and Simpson introduced:
H. F. No. 3660, A bill for an act relating to the military;
prohibiting discrimination in employment against the immediate family member of
any service member; permitting civil actions; providing penalties; amending
Minnesota Statutes 2006, section 192.34.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
Hilty introduced:
H. F. No. 3661, A bill for an act relating to energy; creating
coordinated process for reducing greenhouse gas emissions; proposing coding for
new law in Minnesota Statutes, chapter 216H.
The bill was read for the first time and referred to the
Committee on Finance.
Hilty introduced:
H. F. No. 3662, A bill for an act relating to local government;
providing for a public hearing and public testimony before making an
appointment to fill a vacancy on a county board or city council; changing the
time period in which an appointment may be made; amending Minnesota Statutes
2006, sections 375.101, by adding a subdivision; 412.02, subdivision 2a, by
adding a subdivision; Minnesota Statutes 2007 Supplement, section 375.101,
subdivision 4.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Hilty; Murphy, M.; Kahn and Kalin introduced:
H. F. No. 3663, A bill for an act relating to elections;
requiring captioning for deaf and hard-of-hearing viewers on certain campaign
communications; proposing coding for new law in Minnesota Statutes, chapter
10A.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Erickson introduced:
H. F. No. 3664, A bill for an act relating
to game and fish; modifying the dates and times fish houses, dark houses, and
other shelters may be left on the ice; amending Minnesota Statutes 2006,
section 97C.355, subdivision 7.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Sailer introduced:
H. F. No. 3665, A bill for an act relating to state auditor;
requiring employees and officers of local public pension plans to report
unlawful actions; amending Minnesota Statutes 2006, section 609.456,
subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Dean introduced:
H. F. No. 3666, A bill for an act relating to transportation;
restricting weight limits on the Stillwater Lift Bridge.
The bill was read for the first time and referred to the
Transportation Finance Division.
Mullery introduced:
H. F. No. 3667, A bill for an act relating to data practices;
permitting data sharing between the Department of Education and the Minnesota
Office of Higher Education; amending Minnesota Statutes 2006, section 13.32, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Severson, Haws, Wardlow, Tingelstad and Koenen introduced:
H. F. No. 3668, A bill for an act relating to taxes; individual
income; allowing a subtraction for military retirement benefits; amending
Minnesota Statutes 2006, section 290.091, subdivision 2; Minnesota Statutes
2007 Supplement, section 290.01, subdivision 19b.
The bill was read for the first time and referred to the
Committee on Taxes.
Kalin; Hilty; Peterson, A.; Sailer; Beard and Tingelstad
introduced:
H. F. No. 3669, A bill for an act relating to energy; creating
program for government energy conservation investments; amending Minnesota
Statutes 2006, section 216C.09; proposing coding for new law in Minnesota
Statutes, chapter 216C; repealing Laws 2007, chapter 57, article 2, section 30.
The bill was read for the first time and referred to the
Committee on Finance.
Mullery and Haws introduced:
H. F. No. 3670, A bill for an act relating to public safety;
requiring screening of certain defendants in criminal cases for posttraumatic
stress disorder; authorizing mitigated dispositions for certain offenders
suffering from posttraumatic stress disorder who receive treatment; requiring
legislative reports and the collection of summary data; requiring the
preparation and distribution of an informational pamphlet; proposing coding for
new law in Minnesota Statutes, chapter 609.
The bill was read for the first time and referred to the Committee
on Public Safety and Civil Justice.
Norton; Liebling; Murphy, E.; Thissen and Huntley introduced:
H. F. No. 3671, A bill for an act relating to human services;
increasing reimbursements to primary care physicians; determining areas of the
state in need of primary care physicians; appropriating money for primary care
education initiatives; proposing coding for new law in Minnesota Statutes,
chapter 256B.
The bill was read for the first time and referred to the
Committee on Finance.
Severson, Haws, Wardlow, Dettmer, Koenen, Shimanski and
Tingelstad introduced:
H. F. No. 3672, A bill for an act relating to veterans;
designating July 27 as Korean War Veterans Day; proposing coding for new law in
Minnesota Statutes, chapter 197.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
Murphy, M., by request; Huntley; Jaros; Thissen and Smith
introduced:
H. F. No. 3673, A bill for an act relating to retirement;
Duluth Teachers Retirement Fund Association; extending the rule of 90 benefit
tier to post-1989 hires; amending Minnesota Statutes 2006, sections 354A.011,
subdivision 15a; 354A.12, subdivisions 1, 2a; 354A.31, subdivisions 1, 4a, 6,
7.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Otremba and Simpson introduced:
H. F. No. 3674, A bill for an act relating to capital
improvements; appropriating money for a highway overpass in the city of
Staples; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Erickson introduced:
H. F. No. 3675, A bill for an act relating to game and fish;
modifying fish house licensing requirements; amending Minnesota Statutes 2006,
section 97C.355, subdivisions 4, 7a; Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 2.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Heidgerken introduced:
H. F. No. 3676, A bill for an act relating to game and fish;
providing possession and daily limits for northern pike; authorizing spearing
of northern pike statewide; requiring rulemaking; amending Minnesota Statutes
2006, section 97C.401, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 97C.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Hortman introduced:
H. F. No. 3677, A bill for an act relating to solid waste;
requiring manufacturers of fluorescent or high-intensity discharge lamps to
organize collection and recycling programs for household generators; providing
civil penalties; appropriating money; amending Minnesota Statutes 2006, section
13.7411, subdivision 4; Minnesota Statutes 2007 Supplement, section 216B.241,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter
115A.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Juhnke introduced:
H. F. No. 3678, A bill for an act relating to game and fish;
allowing a nonresident to take fish by spearing from a dark house; amending
Minnesota Statutes 2006, section 97C.371, by adding a subdivision; Minnesota
Statutes 2007 Supplement, section 97A.475, subdivision 7.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Magnus, Gunther, Simpson and Abeler introduced:
H. F. No. 3679, A bill for an act relating to taxation;
providing motor fuel and sales tax exemptions for providers of special
transportation services; amending Minnesota Statutes 2006, sections 296A.07,
subdivision 4; 296A.08, subdivision 3; 297A.67, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Westrom introduced:
H. F. No. 3680, A bill for an act relating to transportation;
regulating registration and operation of mini trucks; amending Minnesota
Statutes 2006, sections 168.011, subdivision 7; 168A.03, subdivision 1; 169.01,
subdivision 3a, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the
Transportation Finance Division.
Kahn, DeLaForest, Berns and Thao introduced:
H. F. No. 3681, A bill for an act relating to commerce;
authorizing off-sale intoxicating liquor sales on Sunday; removing the
statutory prohibition against certain sales of motor vehicles on Sunday;
amending Minnesota Statutes 2006, section 340A.504, subdivision 4; repealing
Minnesota Statutes 2006, section 168.275.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Kahn, DeLaForest, Berns and Thao introduced:
H. F. No. 3682, A bill for an act relating to liquor;
authorizing off-sale intoxicating liquor sales on Sunday; amending Minnesota
Statutes 2006, section 340A.504, subdivision 4.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Hilstrom introduced:
H. F. No. 3683, A bill for an act relating to public safety;
providing for an e-charging service; requiring fingerprinting; amending
Minnesota Statutes 2006, sections 13.871, by adding a subdivision; 299C.10,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
299C.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Slocum; Murphy, E.; Hornstein and Loeffler introduced:
H. F. No. 3684, A bill for an act relating to employment;
appropriating money for the Hennepin-Carver Workforce Investment Board.
The bill was read for the first time and referred to the
Committee on Finance.
Moe introduced:
H. F. No. 3685, A bill for an act relating to environment;
modifying toxic chemical release reporting requirements; amending Minnesota
Statutes 2006, section 299K.08, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Tingelstad, Dettmer, Haws, Koenen and Severson introduced:
H. F. No. 3686, A bill for an act relating to the military;
providing for a stay of certain proceedings against the businesses of National
Guard and reserve members who have been mobilized into active military service;
proposing coding for new law in Minnesota Statutes, chapter 192.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
Simon introduced:
H. F. No. 3687, A bill for an act relating to state lands;
requiring private sale of certain surplus state land bordering public water in
Cass County.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Dominguez and Kelliher introduced:
H. F. No. 3688, A bill for an act relating to liquor;
authorizing the city of Minneapolis to issue an on-sale intoxicating liquor
license.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Pelowski introduced:
H. F. No. 3689, A bill for an act relating to state government;
reestablishing the Health Care Peer Review Committee relating to quality of
care and treatment of offenders; reestablishing advisory committees for the
Minnesota Breeders fund; amending Minnesota Statutes 2006, section 241.021, by
adding a subdivision; Minnesota Statutes 2007 Supplement, section 240.18,
subdivision 4; Laws 2007, chapter 133, article 2, section 13.
The bill was read for the first time and referred to the Committee
on Governmental Operations, Reform, Technology and Elections.
Kalin, Paymar and Mullery introduced:
H. F. No. 3690, A bill for an act relating to corrections;
making technical corrections and amendments to certain youth correction, county
jail, adult offender supervision, and fingerprinting provisions; changing date
for annual report of Advisory Council on Interstate Adult Offender Supervision;
amending Minnesota Statutes 2006, sections 241.301; 243.1606, subdivision 3;
609.117, subdivision 3; 641.09; 641.18; repealing Minnesota Statutes 2006,
sections 242.193, subdivision 1; 242.39; 260B.241; 260C.207.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Anzelc and Dill introduced:
H. F. No. 3691, A bill for an act relating to natural
resources; establishing a task force and requiring a plan for the management of
the Rainy/Lake of the Woods Watershed; appropriating money.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Loeffler, Kahn and Dominguez introduced:
H. F. No. 3692, A bill for an act relating to the city of
Minneapolis; authorizing the creation of a nonprofit riverfront revitalization
corporation; requiring a report.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Masin introduced:
H. F. No. 3693, A bill for an act relating to motor vehicles;
authorizing issuance of special veteran contribution plate for motorcycles;
amending Minnesota Statutes 2006, section 168.1255, subdivisions 1, 3, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
Hilstrom introduced:
H. F. No. 3694, A bill for an act relating to taxation;
property tax; repealing a property classification for certain low-income
housing; amending Minnesota Statutes 2006, section 273.13, subdivision 25;
repealing Minnesota Statutes 2006, section 273.128.
The bill was read for the first time and referred to the
Committee on Taxes.
Sailer introduced:
H. F. No. 3695, A bill for an act relating to state lands;
authorizing the public sale of tax-forfeited land in Clearwater County.
The bill was read for the first time and referred to the Committee
on Environment and Natural Resources.
Kahn introduced:
H. F. No. 3696, A bill for an act relating to retirement;
general employees retirement plan of the Public Employees Retirement
Association; permitting the purchase of service credit for Hennepin County
elected service.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Tschumper introduced:
H. F. No. 3697, A bill for an act relating to sales and use
tax; providing a sales tax exemption of materials, supplies, and equipment used
in constructing wastewater treatment facility in the city of Fountain;
appropriating money; amending Minnesota Statutes 2006, section 297A.71, by
adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Cornish introduced:
H. F. No. 3698, A bill for an act relating to education
finance; increasing equalizing factors and threshold rates in the debt service
equalization program; improving ability of school districts to improve school
buildings and facilities; reducing property taxes; amending Minnesota Statutes
2006, section 123B.53, subdivisions 4, 5.
The bill was read for the first time and referred to the
Committee on Finance.
Hilty introduced:
H. F. No. 3699, A bill for an act relating to elections;
providing for discretionary partial recounts; specifying certain recount and
postelection review procedures; amending Minnesota Statutes 2006, sections
204C.35, subdivisions 1, 2, by adding a subdivision; 204C.36, subdivision 2, by
adding a subdivision; 206.89, subdivision 2.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Hilty introduced:
H. F. No. 3700, A bill for an act relating to elections;
establishing districting principles for legislative and congressional plans;
providing for appointment of a commission to recommend the boundaries of
legislative and congressional districts; limiting redistricting to once per
decade; amending Minnesota Statutes 2006, section 2.021; proposing coding for
new law in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2006,
section 2.031.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Simon introduced:
H. F. No. 3701, A bill for an act relating to public safety;
classifying background check data on individuals as private; amending Minnesota
Statutes 2006, section 13.87, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Kalin and Swails introduced:
H. F. No. 3702, A bill for an act relating to elections;
providing for assessment and payment of certain costs; amending Minnesota
Statutes 2006, section 211B.37.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Madore introduced:
H. F. No. 3703, A bill for an act relating to human services;
prohibiting the use of a broker or coordinator for dispatching nonemergency
medical transportation; amending Minnesota Statutes 2006, section 256B.0625,
subdivision 17a.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Bunn, Ruth, Mahoney, Winkler, Berns, Peppin and Masin
introduced:
H. F. No. 3704, A bill for an act relating to taxation;
franchise; modifying the credit for increasing research activities;
appropriating money; amending Minnesota Statutes 2006, section 290.068,
subdivisions 1, 3, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Taxes.
Madore introduced:
H. F. No. 3705, A bill for an act relating to human services;
modifying Medicare special needs plans; amending Minnesota Statutes 2006,
section 256B.69, subdivision 28.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Severson introduced:
H. F. No. 3706, A bill for an act relating to motor vehicles;
repealing surcharge for special veteran license plates; repealing Minnesota
Statutes 2006, section 168.123, subdivision 2a.
The bill was read for the first time and referred to the
Committee on Finance.
Hortman, Gunther, Mahoney, Ruth and Rukavina introduced:
H. F. No. 3707, A bill for an act relating to economic
development; appropriating money for industry sector training initiatives.
The bill was read for the first time and referred to the
Committee on Finance.
Murphy, E., introduced:
H. F. No. 3708, A bill for an act relating to health; changing
licensing requirements for certain health professions; amending Minnesota
Statutes 2006, sections 148.512, subdivisions 10b, 20; 148.5161, subdivisions 2,
3; 148.5175; 148.519, subdivision 3; 148.5194, subdivisions 7, 8; 148.5195,
subdivision 3; 148.6425; 148.6428; 148.6440; 148.6443, subdivisions 1, 3;
148.6445, subdivision 11; 153A.13, subdivision 4; 153A.14, subdivisions 2i, 4a,
11; 153A.175; Minnesota Statutes 2007 Supplement, section 148.515, subdivision
2.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Koenen introduced:
H. F. No. 3709, A bill for an act relating to state lands;
authorizing the conveyance of certain surplus state land bordering public water
in Chippewa County.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Huntley; Thissen; Murphy, M.; Jaros and Bunn introduced:
H. F. No. 3710, A bill for an act relating to health;
permitting hospital records to be transferred to electronic image; amending
Minnesota Statutes 2006, sections 145.30; 145.31; Minnesota Statutes 2007
Supplement, section 145.32, subdivision 1.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Lesch introduced:
H. F. No. 3711, A bill for an act relating to human services;
changing the standard of evidence in a disqualification to clear and convincing
evidence; amending Minnesota Statutes 2006, sections 245C.29, subdivision 2;
256.045, subdivisions 3, 3b; Minnesota Statutes 2007 Supplement, sections
245C.14, subdivision 1; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 3;
245C.27, subdivision 1.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Walker introduced:
H. F. No. 3712, A bill for an act relating to human services;
clarifying eligibility for the MFIP consolidated fund; amending Minnesota
Statutes 2007 Supplement, section 256J.626, subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Nelson introduced:
H. F. No. 3713, A bill for an act relating to retirement;
providing for the amount of duty disability pension for injured police officers
and firefighters; requiring employers to make reasonable efforts to provide
less hazardous duty for injured employees; amending Minnesota Statutes 2007
Supplement, sections 353.031, by adding a subdivision; 353.656, subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Abeler introduced:
H. F. No. 3714, A bill for an act relating to health; prohibiting
the substitution of a prescription for an immunosuppressant drug; amending
Minnesota Statutes 2006, section 151.21, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Nelson introduced:
H. F. No. 3715, A bill for an act relating to retirement;
volunteer firefighter relief associations; allowing for an increase in the
maximum service pension amounts; amending Minnesota Statutes 2006, section
424A.02, subdivision 3.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Ozment, Smith and Nelson introduced:
H. F. No. 3716, A bill for an act relating to firefighters;
adding duties to the Board of Firefighter Standards and Training; authorizing
rulemaking; creating licensing standards; amending Minnesota Statutes 2006,
sections 299F.012, subdivision 2; 299N.01; 299N.02, as amended; proposing
coding for new law in Minnesota Statutes, chapter 299N.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Kalin; Hilty; Knuth; Ozment; Peterson, A.; Gunther; Bly and
Morrow introduced:
H. F. No. 3717, A bill for an act relating to energy; requiring
advance notice to certain local units of government of intent to file
certificate of need for construction of large energy facility; amending
Minnesota Statutes 2006, section 216B.243, by adding a subdivision.
The bill was read for the first time and referred to the Energy
Finance and Policy Division.
Hornstein introduced:
H. F. No. 3718, A bill for an act relating to energy; proposing
the Business Energy Accountability Act of 2008; providing for a voluntary
inventory of business energy use; proposing coding for new law in Minnesota
Statutes, chapter 216C.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Huntley introduced:
H. F. No. 3719, A bill for an act relating to human services;
modifying requirements for county-based purchasing plans; removing exemptions
from the premium tax and provider surcharge; requiring a study of county-based
purchasing and taxpayer risk; amending Minnesota Statutes 2006, sections 256.9657,
subdivision 3; 256B.692, subdivisions 1, 2, 5; 297I.05, subdivision 5.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Wollschlager introduced:
H. F. No. 3720, A bill for an act relating to human services;
designating certain nursing facilities in Goodhue County as metro for purposes
of determining reimbursement rates; amending Minnesota Statutes 2006, section
256B.431, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
Dittrich, Ward, Swails, Ruud, Scalze, Moe, Knuth, Benson and
Masin introduced:
H. F. No. 3721, A bill for an act relating to insurance;
requiring certain health insurers to offer small employers the option to
purchase certain flexible benefits plans; amending Minnesota Statutes 2006,
section 62L.056.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Rukavina, Doty, Olin, Mahoney and Slocum introduced:
H. F. No. 3722, A bill for an act relating to unemployment
insurance; providing for extended unemployment benefits under certain
circumstances; amending Minnesota Statutes 2007 Supplement, section 268.115,
subdivision 1.
The bill was read for the first time and referred to the Committee
on Finance.
Kahn introduced:
H. F. No. 3723, A bill for an act relating to local government
finance; permitting Minneapolis Park and Recreation Board to retain proceeds
from the condemnation of park lands necessary for the reconstruction and
expansion of marked Interstate Highway 35W at the Mississippi River.
The bill was read for the first time and referred to the
Committee on Finance.
Zellers introduced:
H. F. No. 3724, A bill for an act relating to traffic
regulations; providing that certain misdemeanor traffic offenses do not
constitute grounds for revocation or suspension of a person's driver's license;
amending Minnesota Statutes 2006, sections 169.13, subdivision 2; 169.791,
subdivisions 2, 6; 169.792, subdivision 7; 169.89, subdivision 1; 169A.35,
subdivisions 2, 3, 4; 171.08; 171.24, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Hornstein and Madore introduced:
H. F. No. 3725, A bill for an act relating to transportation;
authorizing urban partnership agreements to provide for user fees for use of
high-occupancy vehicle lanes and dynamic shoulder lanes; exempting commissioner
of transportation from rulemaking regarding urban partnership agreements, toll
facilities, and final layouts for
highways; imposing
penalties; appropriating money; amending Minnesota Statutes 2006, sections
160.02, by adding a subdivision; 169.01, subdivision 31, by adding a
subdivision; 169.306; proposing coding for new law in Minnesota Statutes,
chapter 160.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Hornstein, Haws, Davnie, Brown and Brynaert introduced:
H. F. No. 3726, A bill for an act relating to traffic
regulations; limiting use of wireless communications devices while operating a
motor vehicle; amending Minnesota Statutes 2006, section 169.01, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the
Transportation Finance Division.
Madore, Ruth, Ward and Hortman introduced:
H. F. No. 3727, A bill for an act relating to traffic
regulations; establishing minimum requirements for city's permit program for
long-term disability parking; amending Minnesota Statutes 2006, section
169.346, subdivision 5.
The bill was read for the first time and referred to the
Committee on Local Government and Metropolitan Affairs.
Paulsen, Greiling, McFarlane, Garofalo, Erickson and Gottwalt
introduced:
H. F. No. 3728, A bill for an act relating to education;
supporting new and existing K-12 world languages programs; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Hilty, Hornstein, Magnus, Wagenius and Ruud introduced:
H. F. No. 3729, A bill for an act relating to energy;
establishing Legislative Energy Commission; abolishing Legislative Electric
Energy Task Force; making conforming correction; amending Minnesota Statutes
2006, section 216B.2424, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2006, section
216C.051, subdivisions 3, 4a, 6, 7, 8; Minnesota Statutes 2007 Supplement,
section 216C.051, subdivisions 2, 8a, 9.
The bill was read for the first time and referred to the Energy
Finance and Policy Division.
Kalin, Slawik, Lieder, Slocum and Swails introduced:
H. F. No. 3730, A bill for an act relating to libraries;
providing for access to electronic library for Minnesota databases; proposing
coding for new law in Minnesota Statutes, chapter 134.
The bill was read for the first time and referred to the Committee
on E-12 Education.
Walker and Greiling introduced:
H. F. No. 3731, A bill for an act relating to education;
creating a responsible family life and sexuality education program; proposing
coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Slawik introduced:
H. F. No. 3732, A bill for an act relating to education;
establishing an Office of Early Learning; creating school readiness
assessments; reducing the basic sliding fee waiting list; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 4.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Peterson, S.; Ward; Tillberry; Slocum and Laine introduced:
H. F. No. 3733, A bill for an act relating to education;
clarifying alternative teacher professional pay system provisions and
establishing oversight; amending Minnesota Statutes 2006, section 122A.414,
subdivisions 1, 2.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Drazkowski introduced:
H. F. No. 3734, A bill for an act relating to public schools;
requiring the Department of Education to examine educational programs
throughout Minnesota to determine if a general, uniform, thorough, and
efficient system of public schools exists; requiring a report; appropriating
money.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Kalin introduced:
H. F. No. 3735, A bill for an act relating to state government;
changing provisions of the Commission of Deaf, Deaf-blind and Hard-of-Hearing
Minnesotans; amending Minnesota Statutes 2006, section 256C.28, as amended.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Masin introduced:
H. F. No. 3736, A bill for an act relating to mortuary science;
changing a provision for the transportation of dead human bodies; allowing use
of funeral conveyance requested by decedent; amending Minnesota Statutes 2007
Supplement, sections 149A.80, subdivision 1; 149A.93, subdivision 6.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Solberg, Carlson, Juhnke and Rukavina introduced:
H. F. No. 3737, A bill for an act relating to finance;
improving access to budget information by members of the legislature; requiring
a forecast of cash flow for the general fund; providing deadline for modifying
budget after February forecast; specifying format for detailed budget estimates
of expenditures; imposing deadline for notice of deficiency requests; providing
for an increase in the budget reserve; eliminating obsolete requirements;
amending Minnesota Statutes 2006, sections 3.885, subdivision 5, by adding
subdivisions; 13.605, subdivision 1; 16A.10, by adding a subdivision; 16A.11,
subdivisions 1, 3, by adding a subdivision; Minnesota Statutes 2007 Supplement,
section 16A.152, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 16A; repealing Minnesota Statutes 2006, sections 16A.152,
subdivision 1b; 16A.1522, subdivision 4.
The bill was read for the first time and referred to the
Committee on Finance.
Slawik introduced:
H. F. No. 3738, A bill for an act relating to early childhood
education; proposing a grant program; appropriating money.
The bill was read for the first time and referred to the
Committee on E-12 Education.
Rukavina, Westrom and Hilty introduced:
H. F. No. 3739, A bill for an act relating to communications;
repealing a sunset provision; repealing Laws 2005, chapter 81, section 7.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Swails and Bunn introduced:
H. F. No. 3740, A bill for an act relating to physical
therapists; creating an exemption from the examination requirement for
licensure.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Dettmer, Severson, Haws, Koenen and Simpson introduced:
H. F. No. 3741, A bill for an act relating to power of
attorney; changing certain requirements and the statutory short form; amending
Minnesota Statutes 2006, section 523.23, subdivision 1.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Poppe, Erickson, Hansen, Olson and Peterson, A., introduced:
H. F. No. 3742, A bill for an act relating to occupations and
professions; requiring accreditation of subsurface sewage treatment system
training programs offered by private sponsors.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Nelson; Peterson, S.; Bigham; Davnie and Dittrich introduced:
H. F. No. 3743, A bill for an act relating to teacher retirement
savings; requiring collective bargaining over the number of tax-sheltered
annuity vendors a school district permits for payroll deduction; amending
Minnesota Statutes 2006, section 123B.02, subdivision 15.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 2379 and 2564.
Patrice Dworak, First Assistant Secretary of the Senate
FIRST READING OF SENATE
BILLS
S. F. No. 2379, A bill for an act relating to eminent domain;
amending provisions concerning reestablishment costs limit; amending Minnesota
Statutes 2006, sections 117.51; 117.52, subdivision 1a.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
S. F. No. 2564, A bill for an act relating to human services;
modifying TANF maintenance of effort programs; amending Laws 2007, chapter 147,
article 19, section 3, subdivision 1.
The bill was read for the first time and referred to the
Committee on Finance.
CONSENT CALENDAR
H. F. No. 2788, A bill for an act relating to the city of
Nashwauk; increasing the membership of the Nashwauk Public Utilities Commission
from three to five members.
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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Lenczewski requested immediate
consideration of H. F. No. 3201.
H. F. No. 3201 was reported to the House.
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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Madore
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morrow
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Lenczewski
moved to amend H. F. No. 3201, the second engrossment, as follows:
Page
6, line 15, after "2011" insert "and by an additional $75,000
in calendar years 2009 to 2014"
Page
6, line 16, after "only" insert "and by $75,000 in calendar
year 2009 only"
Page
7, line 1, strike "$25,000" and insert "$30,000" and
strike "2006 only" and insert "2009 and thereafter"
Page
7, after line 26, insert:
"(v)
The city aid base for a city is increased by $30,000 in 2009 only, and the
maximum total aid it may receive under section 477A.013, subdivision 9, is also
increased by $30,000 in calendar year 2009, only if the city had a population
in 2005 of less than 3,000 and the city's boundaries as of 2007 were formed by
the consolidation of two cities and one township in 2002.
(w)
The city aid base for a city is increased by $100,000 in 2009 and thereafter,
and the maximum total aid it may receive under section 477A.013, subdivision 9,
is also increased by $100,000 in calendar year 2009, only if the city had a
city net tax capacity for aids payable in 2007 of less than $150 per capita,
and the city experienced flooding on March 14, 2007, that resulted in
evacuation of at least 40 homes.
(x)
The city aid base for a city is increased by $200,000 in 2009 through 2013, and
the maximum total aid it may receive under section 477A.013, subdivision 9, is
also increased by $200,000 in calendar year 2009 only if the city:
(i)
is located outside of the Minneapolis-St. Paul standard metropolitan
statistical area;
(ii)
has a 2005 population greater than 7,000 but less than 8,000; and
(iii)
has a 2005 net tax capacity per capita of less than $500."
Page
54, line 36, after ";" insert "and"
Page
55, line 1, delete "; and" and insert a period
Page
55, delete lines 2 to 5
Page
55, line 6, delete "Clause (19)" and insert "This
section"
Page
55, line 8, delete everything after "act" and insert a period
Page
63, after line 11, insert:
"Sec.
4. Minnesota Statutes 2006, section
290.01, subdivision 19c, is amended to read:
Subd.
19c. Corporations; additions to federal taxable income. For corporations, there shall be added to
federal taxable income:
(1)
the amount of any deduction taken for federal income tax purposes for income,
excise, or franchise taxes based on net income or related minimum taxes,
including but not limited to the tax imposed under section 290.0922, paid by
the corporation to Minnesota, another state, a political subdivision of another
state, the District of Columbia, or any foreign country or possession of the
United States;
(2)
interest not subject to federal tax upon obligations of: the United States, its
possessions, its agencies, or its instrumentalities; the state of Minnesota or
any other state, any of its political or governmental subdivisions, any of its
municipalities, or any of its governmental agencies or instrumentalities; the
District of Columbia; or Indian tribal governments;
(3)
exempt-interest dividends received as defined in section 852(b)(5) of the
Internal Revenue Code;
(4)
the amount of any net operating loss deduction taken for federal income tax
purposes under section 172 or 832(c)(10) of the Internal Revenue Code or
operations loss deduction under section 810 of the Internal Revenue Code;
(5)
the amount of any special deductions taken for federal income tax purposes
under sections 241 to 247 and 965 of the Internal Revenue Code;
(6)
losses from the business of mining, as defined in section 290.05, subdivision
1, clause (a), that are not subject to Minnesota income tax;
(7)
the amount of any capital losses deducted for federal income tax purposes under
sections 1211 and 1212 of the Internal Revenue Code;
(8)
the exempt foreign trade income of a foreign sales corporation under sections
921(a) and 291 of the Internal Revenue Code;
(9)
the amount of percentage depletion deducted under sections 611 through 614 and
291 of the Internal Revenue Code;
(10)
for certified pollution control facilities placed in service in a taxable year
beginning before December 31, 1986, and for which amortization deductions were
elected under section 169 of the Internal Revenue Code of 1954, as amended
through December 31, 1985, the amount of the amortization deduction allowed in
computing federal taxable income for those facilities;
(11)
the amount of any deemed dividend from a foreign operating corporation
determined pursuant to section 290.17, subdivision 4, paragraph (g);
(12)
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;
(13)
the amount of net income excluded under section 114 of the Internal Revenue
Code;
(14)
any increase in subpart F income, as defined in section 952(a) of the Internal
Revenue Code, for the taxable year when subpart F income is calculated without
regard to the provisions of section 103 of Public Law 109-222;
(15)
80 percent of the depreciation deduction allowed under section 168(k)(1)(A) and
(k)(4)(A) 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)(1)(A)
and (k)(4)(A) 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)(1)(A) and (k)(4)(A)" for the taxable year is
limited to excess of the depreciation claimed by the activity under section
168(k)(1)(A) and (k)(4)(A) 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)(1)(A) and (k)(4)(A) is allowed;
(16)
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;
(17)
to the extent deducted in computing federal taxable income, the amount of the
deduction allowable under section 199 of the Internal Revenue Code; and
(18)
the exclusion allowed under section 139A of the Internal Revenue Code for
federal subsidies for prescription drug plans.; and
(19)
for taxable years beginning after December 31, 2006, and before January 1,
2008, the additional amount allowed as a deduction for donation of computer
technology and equipment under section 170(e)(6) of the Internal Revenue Code,
to the extent deducted from taxable income.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006."
Page
65, after line 2, insert:
"Sec.
6. Minnesota Statutes 2006, section
290.091, subdivision 2, is amended to read:
Subd.
2. Definitions. For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a)
"Alternative minimum taxable income" means the sum of the following
for the taxable year:
(1)
the taxpayer's federal alternative minimum taxable income as defined in section
55(b)(2) of the Internal Revenue Code;
(2)
the taxpayer's itemized deductions allowed in computing federal alternative minimum
taxable income, but excluding:
(i)
the charitable contribution deduction under section 170 of the Internal Revenue
Code:
(A)
for taxable years beginning before January 1, 2006, to the extent that the
deduction exceeds 1.0 percent of adjusted gross income;
(B)
for taxable years beginning after December 31, 2005, to the full extent of the
deduction.
For
purposes of this clause, "adjusted gross income" has the meaning
given in section 62 of the Internal Revenue Code;
(ii)
the medical expense deduction;
(iii)
the casualty, theft, and disaster loss deduction; and
(iv)
the impairment-related work expenses of a disabled person;
(3)
for depletion allowances computed under section 613A(c) of the Internal Revenue
Code, with respect to each property (as defined in section 614 of the Internal
Revenue Code), to the extent not included in federal alternative minimum
taxable income, the excess of the deduction for depletion allowable under
section 611 of the Internal Revenue Code for the taxable year over the adjusted
basis of the property at the end of the taxable year (determined without regard
to the depletion deduction for the taxable year);
(4) to
the extent not included in federal alternative minimum taxable income, the
amount of the tax preference for intangible drilling cost under section
57(a)(2) of the Internal Revenue Code determined without regard to subparagraph
(E);
(5) to
the extent not included in federal alternative minimum taxable income, the
amount of interest income as provided by section 290.01, subdivision 19a,
clause (1); and
(6)
the amount of addition required by section 290.01, subdivision 19a, clauses (7),
(8), and to (9), (11), and (12);
less
the sum of the amounts determined under the following:
(1)
interest income as defined in section 290.01, subdivision 19b, clause (1);
(2) an
overpayment of state income tax as provided by section 290.01, subdivision 19b,
clause (2), to the extent included in federal alternative minimum taxable
income;
(3)
the amount of investment interest paid or accrued within the taxable year on
indebtedness to the extent that the amount does not exceed net investment
income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted
in computing federal adjusted gross income; and
(4)
amounts subtracted from federal taxable income as provided by section 290.01,
subdivision 19b, clauses (9) to (16).
In the
case of an estate or trust, alternative minimum taxable income must be computed
as provided in section 59(c) of the Internal Revenue Code.
(b)
"Investment interest" means investment interest as defined in section
163(d)(3) of the Internal Revenue Code.
(c)
"Tentative minimum tax" equals 6.4 percent of alternative minimum
taxable income after subtracting the exemption amount determined under
subdivision 3.
(d)
"Regular tax" means the tax that would be imposed under this chapter
(without regard to this section and section 290.032), reduced by the sum of the
nonrefundable credits allowed under this chapter.
(e)
"Net minimum tax" means the minimum tax imposed by this section.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006."
Page
68, delete line 25
Page
68, line 26, delete "31, 2009," and insert "(c)"
Page
69, delete section 5 and insert:
"Sec.
5. Laws 1993, chapter 375, article 9,
section 45, subdivision 3, as amended by Laws 1997, chapter 231, article 7,
section 37, is amended to read:
Subd. 3. Expiration of taxing authority and
expenditure limitation. (a) The
authority granted by subdivision 1 to Cook county to impose a sales tax shall expire when
the principal and interest on any bonds or obligations issued under subdivision
4, paragraph (a), to finance the expansion and improvement of North Shore
hospital described in subdivision 2, paragraph (a), have been paid, or at an
earlier time as the county shall, by resolution, determine. Any funds remaining after completion of the
improvements and retirement or redemption of the bonds may be placed in the
general fund of the county March 31, 2009, unless the tax is extended as
provided in paragraph (b).
(b)
Notwithstanding Minnesota statutes, sections 297A.99 and 477A.016, or any other
contrary provision of law, or ordinance, Cook County may, by ordinance, extend
the tax authorized in subdivision 1, beyond March 31, 2009, if approved by the
voters at the 2008 general election. If
the tax authorized in subdivision 1 is extended under this paragraph, the tax
expires when the county determines that the amount of revenue received is
sufficient to pay for the principal and interest on any bonds or obligations
issued to finance the projects under subdivision 2. Any funds remaining after completion of the improvements and
retirement or redemption of the bonds may be placed in the general fund of the
county.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page
70, line 1, after "$14,000,000" insert "if the use of
the sales tax revenues for the projects listed in subdivision 2, clause (c),
are approved by the voters at the 2008 general election"
Page
75, line 32, delete "2008" and insert "2010"
Page
93, line 8, delete "318" and insert "381"
Page
103, line 18, delete "$352,000" and insert "$352,500"
Page
103, line 28, delete "$352,000" and insert "$352,500"
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
The motion prevailed and the amendment was adopted.
Simpson moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
FEDERAL UPDATE
Section 1. Minnesota Statutes 2006, section 289A.02,
subdivision 7, is amended to read:
Subd. 7. Internal
Revenue Code. Unless specifically
defined otherwise, "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended through May 18, 2006 February 13, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2007 Supplement, section
290.01, subdivision 19, is amended to read:
Subd. 19. Net
income. The term "net
income" means the federal taxable income, as defined in section 63 of the
Internal Revenue Code of 1986, as amended through the date named in this
subdivision, incorporating the federal effective dates of changes to the
Internal Revenue Code and any elections made by the taxpayer in accordance with
the Internal Revenue Code in determining federal taxable income for federal
income tax purposes, and with the modifications provided in subdivisions 19a to
19f.
In the case of a regulated
investment company or a fund thereof, as defined in section 851(a) or 851(g) of
the Internal Revenue Code, federal taxable income means investment company
taxable income as defined in section 852(b)(2) of the Internal Revenue Code,
except that:
(1) the exclusion of net
capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does
not apply;
(2) the deduction for
dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be
applied by allowing a deduction for capital gain dividends and exempt-interest
dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal
Revenue Code; and
(3) the deduction for
dividends paid must also be applied in the amount of any undistributed capital
gains which the regulated investment company elects to have treated as provided
in section 852(b)(3)(D) of the Internal Revenue Code.
The net income of a real
estate investment trust as defined and limited by section 856(a), (b), and (c)
of the Internal Revenue Code means the real estate investment trust taxable
income as defined in section 857(b)(2) of the Internal Revenue Code.
The net income of a
designated settlement fund as defined in section 468B(d) of the Internal
Revenue Code means the gross income as defined in section 468B(b) of the
Internal Revenue Code.
The Internal Revenue Code of
1986, as amended through May 18, 2006 February 13, 2008, shall be
in effect for taxable years beginning after December 31, 1996, and before January
1, 2006, and for taxable years beginning after December 31, 2006. The Internal Revenue Code of 1986, as
amended through December 31, 2006, is in effect for taxable years beginning
after December 31, 2005, and before January 1, 2007.
Except as otherwise
provided, references to the Internal Revenue Code in subdivisions 19 to 19f
mean the code in effect for purposes of determining net income for the
applicable year.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006.
Sec. 3. Minnesota Statutes 2006, section 290.01,
subdivision 19a, 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 the standard deduction as defined in section 63(c) of the Internal Revenue
Code. 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; and
(10) the exclusion allowed
under section 139A of the Internal Revenue Code for federal subsidies for
prescription drug plans.;
(11) for taxable years
beginning after December 31, 2006, and before January 1, 2008, the amount
deducted for qualified tuition and related expenses under section 222 of the
Internal Revenue Code, to the extent deducted from gross income; and
(12) for taxable years
beginning after December 31, 2006, and before January 1, 2008, the amount
deducted for certain expenses of elementary and secondary school teachers under
section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from
gross income.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006.
Sec. 4. Minnesota Statutes 2007 Supplement, section
290.01, subdivision 31, is amended to read:
Subd. 31. Internal
Revenue Code. Unless specifically
defined otherwise, for taxable years beginning before January 1, 2006, and
after December 31, 2006, "Internal Revenue Code" means the
Internal Revenue Code of 1986, as amended through May 18, 2006; and for
taxable years beginning after December 31, 2005, and before January 1, 2007,
"Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended through December 31, 2006 February 13, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment
except the changes incorporated by federal changes are effective at the same
time as the changes were effective for federal purposes.
Sec. 5. Minnesota Statutes 2006, section 290.06,
subdivision 2c, is amended to read:
Subd. 2c. Schedules
of rates for individuals, estates, and trusts. (a) The income taxes imposed by this chapter upon married
individuals filing joint returns and surviving spouses as defined in section
2(a) of the Internal Revenue Code must be computed by applying to their taxable
net income the following schedule of rates:
(1) On the first $25,680,
5.35 percent;
(2) On all over $25,680, but
not over $102,030, 7.05 percent;
(3) On all over $102,030,
7.85 percent.
Married individuals filing
separate returns, estates, and trusts must compute their income tax by applying
the above rates to their taxable income, except that the income brackets will
be one-half of the above amounts.
(b) The income taxes imposed
by this chapter upon unmarried individuals must be computed by applying to
taxable net income the following schedule of rates:
(1) On the first $17,570,
5.35 percent;
(2) On all over $17,570, but
not over $57,710, 7.05 percent;
(3) On all over $57,710,
7.85 percent.
(c) The income taxes imposed
by this chapter upon unmarried individuals qualifying as a head of household as
defined in section 2(b) of the Internal Revenue Code must be computed by
applying to taxable net income the following schedule of rates:
(1) On the first $21,630,
5.35 percent;
(2) On all over $21,630, but
not over $86,910, 7.05 percent;
(3) On all over $86,910,
7.85 percent.
(d) In lieu of a tax
computed according to the rates set forth in this subdivision, the tax of any
individual taxpayer whose taxable net income for the taxable year is less than
an amount determined by the commissioner must be computed in accordance with
tables prepared and issued by the commissioner of revenue based on income
brackets of not more than $100. The
amount of tax for each bracket shall be computed at the rates set forth in this
subdivision, provided that the commissioner may disregard a fractional part of
a dollar unless it amounts to 50 cents or more, in which case it may be
increased to $1.
(e) An individual who is not
a Minnesota resident for the entire year must compute the individual's Minnesota
income tax as provided in this subdivision.
After the application of the nonrefundable credits provided in this
chapter, the tax liability must then be multiplied by a fraction in which:
(1) the numerator is the
individual's Minnesota source federal adjusted gross income as defined in
section 62 of the Internal Revenue Code and increased by the additions required
under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), and
(9), (11), and (12) and reduced by the Minnesota assignable portion of
the subtraction for United States government interest under section 290.01,
subdivision 19b, clause (1), and the subtractions under section 290.01,
subdivision 19b, clauses (9), (10), (14), (15), and (16), after applying the
allocation and assignability provisions of section 290.081, clause (a), or
290.17; and
(2) the denominator is the
individual's federal adjusted gross income as defined in section 62 of the
Internal Revenue Code of 1986, increased by the amounts specified in section
290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), and (9),
(11), and (12) and reduced by the amounts specified in section 290.01,
subdivision 19b, clauses (1), (9), (10), (14), (15), and (16).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006.
Sec. 6. Minnesota Statutes 2006, section 290.091,
subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a) "Alternative
minimum taxable income" means the sum of the following for the taxable
year:
(1) the taxpayer's federal
alternative minimum taxable income as defined in section 55(b)(2) of the
Internal Revenue Code;
(2) the taxpayer's itemized
deductions allowed in computing federal alternative minimum taxable income, but
excluding:
(i) the charitable
contribution deduction under section 170 of the Internal Revenue Code:
(A) for taxable years
beginning before January 1, 2006, to the extent that the deduction exceeds 1.0
percent of adjusted gross income;
(B) for taxable years
beginning after December 31, 2005, to the full extent of the deduction.
For purposes of this clause,
"adjusted gross income" has the meaning given in section 62 of the
Internal Revenue Code;
(ii) the medical expense
deduction;
(iii) the casualty, theft,
and disaster loss deduction; and
(iv) the impairment-related
work expenses of a disabled person;
(3) for depletion allowances
computed under section 613A(c) of the Internal Revenue Code, with respect to
each property (as defined in section 614 of the Internal Revenue Code), to the
extent not included in federal alternative minimum taxable income, the excess
of the deduction for depletion allowable under section 611 of the Internal
Revenue Code for the taxable year over the adjusted basis of the property at
the end of the taxable year (determined without regard to the depletion
deduction for the taxable year);
(4) to the extent not
included in federal alternative minimum taxable income, the amount of the tax
preference for intangible drilling cost under section 57(a)(2) of the Internal
Revenue Code determined without regard to subparagraph (E);
(5) to the extent not
included in federal alternative minimum taxable income, the amount of interest
income as provided by section 290.01, subdivision 19a, clause (1); and
(6) the amount of addition
required by section 290.01, subdivision 19a, clauses (7), (8), and to
(9), (11), and (12);
less the sum of the amounts
determined under the following:
(1) interest income as
defined in section 290.01, subdivision 19b, clause (1);
(2) an overpayment of state
income tax as provided by section 290.01, subdivision 19b, clause (2), to the
extent included in federal alternative minimum taxable income;
(3) the amount of investment
interest paid or accrued within the taxable year on indebtedness to the extent
that the amount does not exceed net investment income, as defined in section
163(d)(4) of the Internal Revenue Code.
Interest does not include amounts deducted in computing federal adjusted
gross income; and
(4) amounts subtracted from
federal taxable income as provided by section 290.01, subdivision 19b, clauses
(9) to (16).
In the case of an estate or
trust, alternative minimum taxable income must be computed as provided in
section 59(c) of the Internal Revenue Code.
(b) "Investment
interest" means investment interest as defined in section 163(d)(3) of the
Internal Revenue Code.
(c) "Tentative minimum
tax" equals 6.4 percent of alternative minimum taxable income after
subtracting the exemption amount determined under subdivision 3.
(d) "Regular tax"
means the tax that would be imposed under this chapter (without regard to this
section and section 290.032), reduced by the sum of the nonrefundable credits
allowed under this chapter.
(e) "Net minimum
tax" means the minimum tax imposed by this section.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2006.
Sec. 7. Minnesota Statutes 2007 Supplement, section
290A.03, subdivision 15, is amended to read:
Subd.
15. Internal Revenue Code. For
taxable years beginning before January 1, 2006, and after December 31, 2006, "Internal Revenue
Code" means the Internal Revenue Code of 1986, as amended through May
18, 2006; and for taxable years beginning after December 31, 2005, and before
January 1, 2007, "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended through December 31, 2006 February 13, 2008.
EFFECTIVE DATE. This section is effective for property tax refunds based on
property taxes payable on or after December 31, 2007, and rent paid on or after
December 31, 2006.
Sec. 8. Minnesota Statutes 2006, section 291.005,
subdivision 1, is amended to read:
Subdivision 1. Scope. Unless the context otherwise clearly
requires, the following terms used in this chapter shall have the following
meanings:
(1) "Federal gross
estate" means the gross estate of a decedent as valued and otherwise
determined for federal estate tax purposes by federal taxing authorities
pursuant to the provisions of the Internal Revenue Code.
(2) "Minnesota gross
estate" means the federal gross estate of a decedent after (a) excluding
therefrom any property included therein which has its situs outside Minnesota,
and (b) including therein any property omitted from the federal gross estate
which is includable therein, has its situs in Minnesota, and was not disclosed
to federal taxing authorities.
(3) "Personal
representative" means the executor, administrator or other person
appointed by the court to administer and dispose of the property of the
decedent. If there is no executor,
administrator or other person appointed, qualified, and acting within this
state, then any person in actual or constructive possession of any property
having a situs in this state which is included in the federal gross estate of
the decedent shall be deemed to be a personal representative to the extent of
the property and the Minnesota estate tax due with respect to the property.
(4) "Resident
decedent" means an individual whose domicile at the time of death was in
Minnesota.
(5) "Nonresident
decedent" means an individual whose domicile at the time of death was not
in Minnesota.
(6) "Situs of
property" means, with respect to real property, the state or country in
which it is located; with respect to tangible personal property, the state or
country in which it was normally kept or located at the time of the decedent's
death; and with respect to intangible personal property, the state or country
in which the decedent was domiciled at death.
(7) "Commissioner"
means the commissioner of revenue or any person to whom the commissioner has
delegated functions under this chapter.
(8) "Internal Revenue
Code" means the United States Internal Revenue Code of 1986, as amended
through May 18, 2006 February 13, 2008.
(9) "Minnesota adjusted
taxable estate" means federal adjusted taxable estate as defined by
section 2011(b)(3) of the Internal Revenue Code, increased by the amount of
deduction for state death taxes allowed under section 2058 of the Internal
Revenue Code.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE 2
JUNE ACCELERATED TAX
PAYMENTS
Section 1. Minnesota Statutes 2006, section 289A.20,
subdivision 4, is amended to read:
Subd. 4. Sales
and use tax. (a) The taxes imposed
by chapter 297A are due and payable to the commissioner monthly on or before
the 20th day of the month following the month in which the taxable event
occurred, or following another reporting period as the commissioner prescribes
or as allowed under section 289A.18, subdivision 4, paragraph (f) or (g),
except that use taxes due on an annual use tax return as provided under section
289A.11, subdivision 1, are payable by April 15 following the close of the
calendar year.
(b) A vendor having a
liability of $120,000 or more during a fiscal year ending June 30 must remit
the June liability for the next year in the following manner:
(1) Two business days before
June 30 of the year, the vendor must remit 78 81 percent of the
estimated June liability to the commissioner.
(2) On or before August 20
of the year, the vendor must pay any additional amount of tax not remitted in
June.
(c) A vendor having a
liability of:
(1) $20,000 or more in the
fiscal year ending June 30, 2005; or
(2) $10,000 or more in the
fiscal year ending June 30, 2006, and fiscal years thereafter,
must remit all liabilities
on returns due for periods beginning in the subsequent calendar year by
electronic means on or before the 20th day of the month following the month in
which the taxable event occurred, or on or before the 20th day of the month
following the month in which the sale is reported under section 289A.18,
subdivision 4, except for 78 81 percent of the estimated June
liability, which is due two business days before June 30. The remaining amount of the June liability
is due on August 20.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 2. Minnesota Statutes 2006, section 289A.60,
subdivision 15, is amended to read:
Subd. 15. Accelerated
payment of June sales tax liability; penalty for underpayment. For payments made after December 31, 2006,
if a vendor is required by law to submit an estimation of June sales tax
liabilities and 78 81 percent payment by a certain date, the
vendor shall pay a penalty equal to ten percent of the amount of actual June
liability required to be paid in June less the amount remitted in June. The penalty must not be imposed, however, if
the amount remitted in June equals the lesser of 78 81 percent of
the preceding May's liability or 78 81 percent of the average
monthly liability for the previous calendar year.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 3. Minnesota Statutes 2006, section 297F.09,
subdivision 10, is amended to read:
Subd. 10. Accelerated
tax payment; cigarette or tobacco products distributor. A cigarette or tobacco products distributor
having a liability of $120,000 or more during a fiscal year ending June 30,
shall remit the June liability for the next year in the following manner:
(a) Two business days before
June 30 of the year, the distributor shall remit the actual May liability and 78
81 percent of the estimated June liability to the commissioner and file
the return in the form and manner prescribed by the commissioner.
(b) On or before August 18
of the year, the distributor shall submit a return showing the actual June
liability and pay any additional amount of tax not remitted in June. A penalty is imposed equal to ten percent of
the amount of June liability required to be paid in June, less the amount
remitted in June. However, the penalty
is not imposed if the amount remitted in June equals the lesser of:
(1) 78 81 percent
of the actual June liability; or
(2) 78 81 percent
of the preceding May's liability.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities.
Sec. 4. Minnesota Statutes 2006, section 297G.09,
subdivision 9, is amended to read:
Subd. 9. Accelerated
tax payment; penalty. A person
liable for tax under this chapter having a liability of $120,000 or more during
a fiscal year ending June 30, shall remit the June liability for the next year
in the following manner:
(a) Two business days before
June 30 of the year, the taxpayer shall remit the actual May liability and 78
81 percent of the estimated June liability to the commissioner and file
the return in the form and manner prescribed by the commissioner.
(b) On or before August 18
of the year, the taxpayer shall submit a return showing the actual June
liability and pay any additional amount of tax not remitted in June. A penalty is imposed equal to ten percent of
the amount of June liability required to be paid in June less the amount
remitted in June. However, the penalty
is not imposed if the amount remitted in June equals the lesser of:
(1) 78 81 percent
of the actual June liability; or
(2) 78 81 percent
of the preceding May liability.
EFFECTIVE DATE. This section is effective beginning with June 2009 tax
liabilities."
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Simpson amendment and the roll
was called. There were 56 yeas and 76
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Benson
Berns
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hoppe
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Norton
Olson
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Drazkowski
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page
79, after line 2, insert:
"Section
1. Minnesota Statutes 2006, section
287.04, is amended to read:
287.04 EXEMPTIONS.
The
tax imposed by section 287.035 does not apply to:
(a) A
decree of marriage dissolution or an instrument made pursuant to it.
(b) A
mortgage given to correct a misdescription of the mortgaged property.
(c) A
mortgage or other instrument that adds additional security for the same debt
for which mortgage registry tax has been paid.
(d) A
contract for the conveyance of any interest in real property, including a
contract for deed.
(e) A
mortgage secured by real property subject to the minerals production tax of
sections 298.24 to 298.28.
(f)
The principal amount of a mortgage loan made under a low and moderate income or
other affordable housing program, if the mortgagee is a federal, state, or
local government agency.
(g)
Mortgages granted by fraternal benefit societies subject to section 64B.24.
(h) A
mortgage amendment or extension, as defined in section 287.01.
(i) An
agricultural mortgage if the proceeds of the loan secured by the mortgage are
used to acquire or improve real property classified under section 273.13,
subdivision 23, paragraph (a), or (b), clause (1), (2), or (3).
(j) A
mortgage on an armory building as set forth in section 193.147.
(k)
A mortgage, including one that replaces or refinances an existing mortgage, on
property located in a disaster area as declared under federal law by the
president of the United States or the administrator of the Small Business
Administration, and which was damaged by that disaster. This paragraph applies to the extent that
the new or additional indebtedness was used to repair or replace property
damaged by the disaster. For a mortgage
that replaces or refinances an existing mortgage, this exemption also applies
to the debt replaced or refinanced. A
form, prepared by the commissioner of revenue, must be signed by the property
owner, stating that the property qualifies under this paragraph and must be
available prior to or at the time of closing, to receive the exemption under
this paragraph. The exemption under
this paragraph is effective for one year from the date of the disaster
declaration.
EFFECTIVE DATE. This section is effective for mortgages acknowledged and
recorded on or after July 1, 2008."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Drazkowski amendment and the roll
was called. There were 54 yeas and 78
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Liebling
Magnus
McFarlane
McNamara
Nornes
Norton
Olson
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Tschumper
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Seifert moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Page 9, after line 15,
insert:
"Sec. 4. Minnesota Statutes 2006, section 477A.011,
is amended by adding a subdivision to read:
Subd. 11. No aid for cities with
sanctuary ordinances. Notwithstanding
subdivision 8 and 9, no city may receive aid under this section if the city
has, at the time the aid is certified, an ordinance prohibiting public safety
officials from undertaking any law enforcement action for the purpose of
detecting the presence of undocumented persons, or to verify immigration
status. Any aid that would otherwise go
to a city under this section shall be redistributed to other cities under
subdivisions 8 and 9.
EFFECTIVE DATE. This section is effective beginning with aids payable in 2009."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Seifert amendment and the roll
was called. There were 66 yeas and 67
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dominguez
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Buesgens moved to amend H.
F. No. 3201, the second engrossment, as amended, as follows:
Page 38, after line 5, insert:
"Sec. 20. Minnesota Statutes 2006, section 275.71,
subdivision 2, is amended to read:
Subd. 2. Levy
limit base. The levy limit base
for a local governmental unit for taxes levied in 2008 is equal to (1) the sum
of its property taxes levied in the previous year, plus its aid under sections
477A.011 to 477A.03, its aid payments under section 298.28 and 298.282 in the
preceding year, and payments to the local governmental unit under section
272.029; minus (2) any property taxes levied in the previous year for purposes
listed under section 275.70, subdivision 5.
The levy limit base for a local governmental unit for taxes levied
in 2003 2009 and thereafter is equal to its adjusted levy limit
base in the previous year, subject to any adjustments under section 275.72,
plus any aid amounts received in 2003 under section 273.138 or 273.166, minus
the difference between its levy limit under subdivision 5 for taxes levied in
2002 and the amount it actually levied under that subdivision in that year, and
certified property tax replacement aid payable in 2003 under section 174.242.
EFFECTIVE DATE. This section is effective for taxes levied in 2008, payable in
2009 and thereafter.
Sec. 21. Minnesota Statutes 2006, section 275.71,
subdivision 4, is amended to read:
Subd. 4. Adjusted
levy limit base. (a) For
taxes levied in 2003 2008 and thereafter, the adjusted levy limit
base is equal to the levy limit base computed under subdivisions 2 and 3
or section 275.72, reduced by 40 percent of the difference between (1) the
sum of 2003 certified aid payments, under sections 273.138, 273.1398 except for
amounts certified under subdivision 4a, paragraph (b), 273.166, 477A.011 to
477A.03, 477A.06, and 477A.07,
before any reduction under
Laws 2003, First Special Session chapter 21, articles 5 and 6, and (2) the sum
of the aids paid in 2004 under those same sections, after any reductions in
2004 under Laws 2003, First Special Session chapter 21, articles 5 and 6. multiplied by:
(1) one plus the percentage
growth in the implicit price deflator;
(2) one plus the percentage
increase in the number of households, if any, for the most recent 12-month
period for which data is available; and
(3) one plus 50 percent of
the percentage increase in the taxable market value of the jurisdiction due to
new construction of class 3 property, as defined in section 273.12, subdivision
24, except for state-assessed utility and railroad operating property, for the
most recent year for which data is available.
(b) For taxes levied in 2003
only, the adjusted levy limit base is increased by 60 percent of the difference
between a jurisdiction's market value credit in 2003 before any reductions
under Laws 2003, First Special Session chapter 21, articles 5 and 6, and its
market value credit in 2004 after reductions in Laws 2003, First Special
Session chapter 21, articles 5 and 6.
EFFECTIVE DATE. This section is effective for taxes levied in 2008, payable in
2009 and thereafter.
Sec. 22. Minnesota Statutes 2006, section 275.71,
subdivision 5, is amended to read:
Subd. 5. Property
tax levy limit. For taxes levied in
2003 2008 and thereafter, the property tax levy limit for a local
governmental unit is equal to its adjusted levy limit base determined under
subdivision 4 plus any additional levy authorized under section 275.73, which
is levied against net tax capacity, reduced by the sum of (i) the total amount
of aids and reimbursements that the local governmental unit is certified to
receive under sections 477A.011 to 477A.014, except for the increases in
city aid bases in calendar year 2002 under section 477A.011, subdivision 36,
paragraphs (l), (n), and (o), (ii) homestead and agricultural aids it is
certified to receive under section 273.1398, (iii) (ii) taconite
aids under sections 298.28 and 298.282 including any aid which was required to
be placed in a special fund for expenditure in the next succeeding year, (iv)
temporary court aid under section 273.1398, subdivision 4a, and (v)
(iii) estimated payments to the local governmental unit under section
272.029, adjusted for any error in estimation in the preceding year.
EFFECTIVE DATE. This section is effective for taxes levied in 2008, payable in
2009 and thereafter."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Buesgens amendment and the roll
was called. There were 31 yeas and 102
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Garofalo
Gottwalt
Hackbarth
Holberg
Hoppe
Kohls
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Wardlow
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Gottwalt moved to amend H.
F. No. 3201, the second engrossment, as amended, as follows:
Page 59, after line 4,
insert:
"Sec. 8. [290.433]
INCOME TAX CHECKOFFS FOR EDUCATION, HEALTH CARE, AND STATE PARKS.
Subdivision 1. Accounts established. (a) Accounts are established in the
special revenue fund to receive amounts designated through the income tax
checkoffs in this section. Accounts are
established for:
(1) kindergarten through
grade 12 education;
(2) health care;
(3) higher education;
(4) early childhood and
family education; and
(5) state parks.
(b) All interest earned on
money accrued, gifts, contributions, and reimbursements of expenditures in each
account must be credited to the account.
(c) The state pledges and
agrees with all contributors to the accounts to use the funds contributed
solely for the purposes specified, and further agrees that it will not impose
additional conditions or restrictions that will limit or otherwise restrict the
use of the funds.
Subd. 2. Checkoff. Every individual who files an income tax
return may designate on their original return that $1 or more is to be added to
the tax or deducted from the refund that would otherwise be payable by or to
that individual and paid into one or more of the accounts established in
subdivision 1. The commissioner of
revenue
shall, on the income tax
return, notify filers of their right to designate that a portion of their tax
or refund is to be paid into one or more of the accounts. The commissioner of revenue must also
provide on the income tax return for an individual to designate that an amount
equal to five percent of the individual's tax due before credits be distributed
equally among the five accounts established in subdivision 1.
Subd. 3. Use of kindergarten
through grade 12 education account.
(a) By June 1 of each year, the commissioner of revenue must report
the amount of money in the kindergarten through grade 12 education account to
the chairs of the house and senate finance committees with jurisdiction over
kindergarten through grade 12 education.
(b) By September 1 of each
year, the chairs of the house and senate finance committees with jurisdiction
over kindergarten through grade 12 education shall convene a joint hearing for
the purpose of making recommendations to the commissioner of children,
families, and learning on how to use the money in the kindergarten through
grade 12 education account.
Subd. 4. Appropriation. On October 1 of each year, an amount
equal to the amount reported to be in the kindergarten through grade 12
education account under subdivision 3 is appropriated from the kindergarten
through grade 12 education account in the special revenue fund to the
commissioner of children, families, and learning.
Subd. 5. Use of health care
account. (a) By June 1 of
each year, the commissioner of revenue must report the amount of money in the
health care account to the chairs of the house and senate finance committees
with jurisdiction over health care.
(b) By September 1 of each
year, the chairs of the house and senate finance committees with jurisdiction
over health care shall convene a joint hearing for the purpose of making
recommendations to the commissioner of health on how to use the money in the
health care account.
Subd. 6. Appropriation. On October 1 of each year, an amount
equal to the amount reported to be in the health care account under subdivision
5 is appropriated from the health care account in the special revenue fund to
the commissioner of health.
Subd. 7. Use of higher education
account. (a) By June 1 of
each year, the commissioner of revenue must report the amount of money in the
higher education account to the chairs of the house and senate finance
committees with jurisdiction over higher education.
(b) By September 1 of each
year, the chairs of the house and senate finance committees with jurisdiction
over higher education shall convene a joint hearing for the purpose of making
recommendations to the Board of Regents of the University of Minnesota and the
Board of Trustees of the Minnesota State Colleges and Universities on how to
use the money in the higher education account.
Subd. 8. Appropriation. (a) On October 1 of each year, an amount
equal to one-half the amount reported to be in the higher education account
under subdivision 7 is appropriated from the higher education account in the
special revenue fund to the Board of Regents of the University of Minnesota.
(b) On October 1 of each
year, an amount equal to one-half the amount reported to be in the higher
education account under subdivision 7 is appropriated from the higher education
account in the special revenue fund to the Board of Trustees of the Minnesota
State Colleges and Universities.
Subd. 9. Use of early childhood
and family education account. (a)
By June 1 of each year, the commissioner of revenue must report the amount of
money in the early childhood and family education account to the chairs of the
house and senate finance committees with jurisdiction over early childhood and
family education.
(b) By September 1 of each
year, the chairs of the house and senate finance committees with jurisdiction
over early childhood and family education shall convene a joint hearing for the
purpose of making recommendations to the commissioner of children, families,
and learning on how to use the money in the early childhood and family
education account.
Subd. 10. Appropriation. On October 1 of each year, an amount
equal to the amount reported to be in the early childhood and family education
account under subdivision 9 is appropriated from the early childhood and family
education account in the special revenue fund to the commissioner of children,
families, and learning.
Subd. 11. Use of state parks
account. (a) By June 1 of
each year, the commissioner of revenue must report the amount of money in the
state parks account to the chairs of the house and senate finance committees
with jurisdiction over state parks.
(b) By September 1 of each
year, the chairs of the house and senate finance committees with jurisdiction
over state parks shall convene a joint hearing for the purpose of making
recommendations to the commissioner of natural resources on how to use the
money in the state parks account.
Subd. 12. Appropriation. On October 1 of each year, an amount
equal to the amount reported to be in the state parks account under subdivision
11 is appropriated from the state parks account in the special revenue fund to
the commissioner of natural resources.
EFFECTIVE DATE. This section is effective for income tax returns for taxable
years beginning after December 31, 2007."
Renumber the sections and
correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Gottwalt amendment and the roll
was called. There were 40 yeas and 93
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Magnus
McNamara
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Brod, Drazkowski, Demmer,
Simpson, Erickson and Berns moved to amend H. F. No. 3201, the second
engrossment, as amended, as follows:
Page 66, after line 33
insert:
"Sec. 2. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 40. Brainerd and Baxter
wastewater treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction of a
joint wastewater treatment facility servicing the cities of Brainerd and Baxter
are exempt. This exemption is for
purchases made before July 1, 2010. The
tax must be imposed and collected as if the rate under section 297A.62,
subdivision 1, applied. The cities must
apply for a refund of taxes paid on purchases partially exempt under this
subdivision as provided under section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 1, 2007.
Sec. 3. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 41. Baxter water treatment
facility. Materials and
supplies used in, and equipment incorporated into, the construction of a water
treatment facility owned by the city of Baxter are exempt. This exemption is for purchases made before
July 1, 2009. The tax must be imposed
and collected as if the rate under section 297A.62, subdivision 1,
applied. The city must apply for a refund
of the taxes paid on purchases partially exempt under this subdivision as provided
under section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
May 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 42. Buffalo wastewater
treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction,
improvement, or expansion of a wastewater treatment facility owned by the city
of Buffalo are exempt. This section is
effective for purchases made before December 31, 2008. The tax must be imposed and collected as if
the rate under section 297A.62, subdivision 1, applied. The city must apply for a refund of the
taxes paid on purchases partially exempt under this subdivision as provided
under section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made on or
after March 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 43. Burnsville surface
water treatment plant. Materials
and supplies used or consumed in, and equipment incorporated into, the
construction, improvement, installation, or repair of facilities and
improvements associated with a surface water treatment plant project located
within and owned by the city of Burnsville are exempt. This exemption is for purchases made before
January 1, 2010. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1, applied. The city must apply for a refund of the
taxes paid on purchases partially exempt under this subdivision as provided in
section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
March 15, 2007.
Sec. 6. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 44. Emily; wastewater
treatment facility. Materials
and supplies used in and equipment incorporated into the construction of a
wastewater treatment facility in the city of Emily are exempt. This exemption is for purchases made before
January 1, 2007. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1,
applied. The city must apply for a
refund of any tax paid on purchases partially exempt under this subdivision as
provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
January 1, 2005.
Sec. 7. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 45. Goodview; water
treatment facilities. Materials
and supplies used in, and equipment incorporated into, the construction and
expansion of up to two water treatment facilities in the city of Goodview are
exempt. This exemption is for purchases
made before January 1, 2009. The tax
must be imposed and collected as if the rate under section 297A.62, subdivision
1, applied. The city must apply for a
refund of the taxes paid on purchases partially exempt under this subdivision
as provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2007.
Sec. 8. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 46. Harris wastewater
treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction of a
wastewater treatment facility and a water treatment plant owned by the city of
Harris are exempt. This exemption is
effective for purchases made after May 31, 2006, and on or before June 30,
2008. The tax must be imposed and
collected as if the rate under section 297A.62, subdivision 1, applied. The city must apply for a refund of the
taxes paid on purchases exempt under this subdivision as provided in section
297A.75.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 47. Milaca water treatment
facility. Materials and
supplies used in, and equipment incorporated into, the construction of a water
treatment facility owned by the city of Milaca are exempt. This exemption is for purchases made before
February 15, 2007. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1,
applied. The city must apply for a
refund of the taxes paid on purchases partially exempt under this subdivision
as provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made before
February 15, 2007.
Sec. 10. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 48. Minnetonka water
treatment facility; sales tax exemption. Materials and supplies used in, and equipment incorporated
into, the construction of a water treatment facility owned by the city of
Minnetonka are exempt from the sales and use tax under this chapter. This exemption is for purchases made before
December 31, 2006. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1,
applied. The city must apply for a
refund of the taxes paid on purchases partially exempt under this subdivision
as provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made before
December 31, 2006.
Sec. 11. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 49. New Prague wastewater
treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction,
improvement, and expansion of a wastewater treatment facility owned by the city
of New Prague is exempt. This exemption
is effective for purchases made on or before December 31, 2008. The tax must be imposed and collected as if
the rate under section 297A.62, subdivision 1, applied. The city must apply for a refund of the
taxes paid on purchases partially exempt under this subdivision as provided in
section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2007.
Sec. 12. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 50. New York Mills
wastewater treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction of a
wastewater treatment facility owned by the city of New York Mills are
exempt. This exemption is for purchases
made before January 1, 2008. The tax
must be imposed and collected as if the rate under section 297A.62, subdivision
1, applied. The city must apply for a
refund of the taxes paid on purchases exempt under this subdivision as provided
in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made before
January 1, 2008.
Sec. 13. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 51. Pelican Rapids
wastewater treatment facility. Materials
and supplies used in, and equipment incorporated into, the improvement and
expansion of a wastewater treatment facility owned by the city of Pelican
Rapids are exempt. This exemption is
effective for purchases made on or before December 31, 2008. The tax must be imposed and collected as if
the rate under section 297A.62, subdivision 1, applied. The city must apply for a refund of the
taxes paid on purchases partially exempt under this subdivision as provided in
section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made
beginning on the day following final enactment.
Sec. 14. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 52. Princeton; wastewater
treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction and
expansion of a wastewater treatment facility, including construction of a
phosphorous reduction facility, in the city of Princeton are exempt. This exemption is for purchases made before
January 1, 2012. The tax must be
imposed and collected as if the rate under section 297A.62, subdivision 1,
applied. The city must apply for a
refund of the taxes paid on purchases partially exempt under this subdivision
as provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
the day following final enactment.
Sec. 15. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 53. Willmar wastewater
treatment facility. Materials
and supplies used in, and equipment incorporated into, the construction,
improvement, or expansion of a wastewater treatment facility owned by the city
of Willmar are exempt. This exemption
is effective for purchases made before July 1, 2012. The tax must be imposed and collected as if the rate under
section 297A.62, subdivision 1, applied.
The city must apply for a refund of the taxes paid on purchases exempt
under this subdivision as provided in section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2007.
Sec. 16. Minnesota Statutes 2006, section 297A.75, is
amended by adding a subdivision to read:
Subd. 1a. Tax collected; other. For taxes collected on purchases exempted
under sections 2 to 15, the percentage of the tax listed in each section must
be refunded as provided in this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2006, section 297A.75,
subdivision 2, is amended to read:
Subd. 2. Refund;
eligible persons. Upon application
on forms prescribed by the commissioner, a refund equal to the tax paid on the
gross receipts of the exempt items must be paid to the applicant. Only the following persons may apply for the
refund:
(1) for subdivision 1,
clauses (1) to (3), the applicant must be the purchaser;
(2) for subdivision
subdivisions 1, clauses (4), (7), and (8),; and 1a, the
applicant must be the governmental subdivision;
(3) for subdivision 1,
clause (5), the applicant must be the recipient of the benefits provided in
United States Code, title 38, chapter 21;
(4) for subdivision 1,
clause (6), the applicant must be the owner of the homestead property;
(5) for subdivision 1,
clause (9), the owner of the qualified low-income housing project;
(6) for subdivision 1,
clause (10), the applicant must be a municipal electric utility or a joint
venture of municipal electric utilities; and
(7) for subdivision 1,
clauses (11) and (12), the owner of the qualifying business.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2006, section 297A.75,
subdivision 3, is amended to read:
Subd. 3. Application. (a) The application must include sufficient
information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clause (4), (5), (6), (7), (8),
(9), (10), (11), or (12); or 1a, the contractor, subcontractor, or
builder must furnish to the refund applicant a statement including the cost of
the exempt items and the taxes paid on the items unless otherwise specifically
provided by this subdivision. The
provisions of sections 289A.40 and 289A.50 apply to refunds under this section.
(b) An applicant may not
file more than two applications per calendar year for refunds for taxes paid on
capital equipment exempt under section 297A.68, subdivision 5.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Anderson, B.; Hosch and
Olson moved to amend the Brod et al amendment to H. F. No. 3201, the second
engrossment, as amended, as follows:
Page 5, after line 27,
insert:
"Sec. 16. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 54. Clearwater and Clear
Lake wastewater treatment system.
Materials and supplies used in, and equipment incorporated into, the
construction of a joint wastewater treatment system servicing the cities of
Clearwater and Clear Lake are exempt.
This exemption is for purchases made before July 1, 2011. The tax must be imposed and collected as if
the rate under section 297A.62, subdivision 1, applied. The cities must apply for a refund of taxes
paid on purchases partially exempt under this subdivision as provided under
section 297A.75.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 1, 2007."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Brod et al amendment, as amended,
and the roll was called. There were 54
yeas and 79 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Benson
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Gottwalt
Gunther
Hackbarth
Hamilton
Hoppe
Hosch
Howes
Juhnke
Kalin
Koenen
Kohls
Lanning
Magnus
Masin
McFarlane
McNamara
Morgan
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Ward
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Huntley
Jaros
Johnson
Kahn
Knuth
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment, as amended, was
not adopted.
Dean moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Page 79, after line 18,
insert:
"Sec. 2. Minnesota Statutes 2006, section 295.52, is
amended by adding a subdivision to read:
Subd. 8. Contingent reduction in
tax rate. On September 1 of
each odd-numbered year, beginning September 1, 2009, the commissioner of
finance shall determine the projected balance of the health care access fund as
of the end of the current biennium, based on the most recent February forecast
adjusted for any legislative session changes.
If the commissioner of finance projects a surplus in the health care
access fund as of the end of the current biennium, the commissioner of finance,
in consultation with the commissioner, shall reduce the tax rates specified in
subdivisions 1, 1a, 2, 3, and 4 in one-tenth of one percent increments, making
the largest reduction in tax rates consistent with ensuring that the health
care access fund retains a surplus as of the end of the current biennium. The reduced tax rates take effect on the
January 1 that immediately follows the September 1 on which the commissioner of
finance determines the projected balance and remain in effect for two tax
years. The tax rates specified in
subdivisions 1, 1a, 2, 3, and 4 apply for subsequent tax years, unless the
commissioner, based on a determination of the projected balance of the health
care access fund made on September 1 of an odd-numbered year, reduces the tax
rates. If the commissioner of finance
does not project a surplus in the health care access fund as of the end of the
current biennium, the tax rates specified in subdivisions 1, 1a, 2, 3, and 4
continue to apply. The commissioner of
finance shall publish in the State Register by October 1 of each odd-numbered
year the amount of tax to be imposed for the next two calendar years."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Dean amendment and the roll was
called. There were 55 yeas and 78 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Howes
Kalin
Koenen
Kohls
Lanning
Liebling
Magnus
McFarlane
McNamara
Nornes
Norton
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Kranz
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Zellers moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Page 15, after line 31,
insert:
"Sec. 8. Minnesota Statutes 2006, section 273.11,
subdivision 1a, is amended to read:
Subd. 1a. Limited
market value. In the case of all
property classified as agricultural homestead or nonhomestead, residential
homestead or nonhomestead, or timber, or noncommercial seasonal
residential recreational, the assessor shall compare the value with the
taxable portion of the value determined in the preceding assessment.
For assessment years
2004, 2005, and year 2006, the amount of the increase shall not
exceed the greater of (1) 15 percent of the value in the preceding assessment,
or (2) 25 percent of the difference between the current assessment and the
preceding assessment.
For assessment year 2007,
the amount of the increase shall not exceed the greater of (1) 15 percent of
the value in the preceding assessment, or (2) 33 percent of the difference
between the current assessment and the preceding assessment.
For assessment year 2008,
the amount of the increase shall not exceed the greater of (1) 15 percent of
the value in the preceding assessment, or (2) 50 percent of the difference
between the current assessment and the preceding assessment.
This limitation shall not
apply to increases in value due to improvements. For purposes of this subdivision, the term "assessment"
means the value prior to any exclusion under subdivision 16.
The provisions of this
subdivision shall be in effect through assessment year 2008 as provided in this
subdivision.
For purposes of the
assessment/sales ratio study conducted under section 127A.48, and the
computation of state aids paid under chapters 122A, 123A, 123B, 124D, 125A,
126C, 127A, and 477A, market values and net tax capacities determined under
this subdivision and subdivision 16, shall be used.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2006, section 273.11, is
amended by adding a subdivision to read:
Subd. 1b. Limited market value;
noncommercial seasonal residential recreational property. (a) In the case of all property
classified as noncommercial seasonal residential recreational, for assessment
years 2008 and 2009 only, the taxable market value of the property shall be the
same as the taxable market value determined under this section for the 2006
assessment.
(b) The assessor shall
compare the value with the taxable portion of the value determined in the
preceding assessment.
For assessment year 2010,
the amount of the increase shall not exceed the greater of (1) 15 percent of
the value in the preceding assessment, or (2) 33 percent of the difference
between the current assessment and the preceding assessment.
For assessment year 2011,
the amount of the increase shall not exceed the greater of (1) 15 percent of
the value in the preceding assessment, or (2) 50 percent of the difference
between the current assessment and the preceding assessment.
This limitation shall not
apply to increases in value due to improvements. For purposes of this subdivision, the term "assessment"
means the value prior to any exclusion under subdivision 16.
The provisions of this
subdivision shall be in effect through assessment year 2011 as provided in this
subdivision.
For purposes of the
assessment/sales ratio study conducted under section 127A.48, and the
computation of state aids paid under chapters 122A, 123A, 123B, 124D, 125A,
126C, 127A, and 477A, market values and net tax capacities determined under
this subdivision and subdivision 16, shall be used.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Zellers amendment and the roll
was called. There were 48 yeas and 85
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Gunther
Hackbarth
Hamilton
Hansen
Holberg
Hoppe
Howes
Jaros
Kohls
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Sertich moved that the House recess subject to the call of the
Chair.
A roll call was requested and properly seconded.
The question was taken on the Sertich motion and the roll was
called. There were 83 yeas and 50 nays
as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
FISCAL CALENDAR, Continued
Madore and Walker were excused for the remainder of today's
session.
Eastlund; Dettmer;
Shimanski; Simpson; Severson; Gottwalt; Anderson, B., and Westrom offered an
amendment to H. F. No. 3201, the second engrossment, as amended.
Olson requested a division
of the Eastlund et al amendment to H. F. No. 3201, the second engrossment, as
amended.
The first portion of the
Eastlund et al amendment to H. F. No. 3201, the second engrossment, as amended,
reads as follows:
Page 12, delete section 3
Page 25, delete section 13
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the first portion of the Eastlund et
al amendment and the roll was called.
There were 49 yeas and 83 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Beard
Benson
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anderson, B.
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the first portion of the
Eastlund et al amendment was not adopted.
The second portion of the Eastlund et al amendment to H. F. No.
3201, the second engrossment, as amended, reads as follows:
Page 48, delete section 2
Page 53, delete section 4
Page 55, delete section 6
Page 57, delete section 7
Page 59, delete sections 8
and 9
Page 81, delete section 5
Page 82, delete section 8
Page 83, delete section 11
Page 84, delete section 12
Page 85, delete sections 13
and 14
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the second portion of the Eastlund et
al amendment and the roll was called.
There were 50 yeas and 82 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the second portion of the
Eastlund et al amendment was not adopted.
Zellers moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Page 48, delete section 2
Page 54, line 36, after the
semicolon, insert "and"
Page 55, delete line 1
Page 55, line 2, delete
"(20)" and insert "(19)"
Page 55, delete section 6
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Zellers amendment and the roll
was called. There were 60 yeas and 72
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Holberg
Hoppe
Kalin
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olin
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Peterson, S.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
DeLaForest; Anderson, S.;
McNamara; Dettmer; Peppin; McFarlane; Eastlund; Berns; Holberg and Hackbarth
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page 81, delete section 5
Page 82, delete section 8
Page 83, delete section 11
Page 84, delete section 12
Page 85, delete section 13
Page 85, delete section 14
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the DeLaForest et al amendment and
the roll was called. There were 52 yeas
and 80 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, S.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Pursuant to rule 1.50, Sertich moved that the House be allowed
to continue in session after 12:00 midnight.
The motion prevailed.
Westrom and Nornes moved to
amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page 24, line 28, strike
"$500,000" and insert "$1,000,000"
Page 24, line 30, strike
"0.55" and insert "0.50"
Page 31, line 21, strike
"$500,000" and insert "$1,000,000"
A roll call was requested and properly seconded.
The question was taken on the Westrom and Nornes amendment and
the roll was called. There were 61 yeas
and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Moe
Nornes
Olson
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Sailer
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Tingelstad
Urdahl
Ward
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dominguez
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Demmer, Brown, Hamilton,
Gunther, Magnus, Gottwalt, Ruth, Poppe and Severson moved to amend
H. F. No. 3201, the second engrossment, as amended, as follows:
Page 3, after line 2, insert:
"Section 1. Minnesota Statutes 2007 Supplement, section
126C.21, subdivision 3, is amended to read:
Subd. 3. County
apportionment deduction. Each year
the amount of money apportioned to a district for that year pursuant to sections
section 127A.34, subdivision 2, and 272.029, subdivision 6, must be
deducted from the general education aid earned by that district for the same
year or from aid earned from other state sources.
EFFECTIVE DATE. This section is effective the day following final enactment
for revenue for fiscal year 2009."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Paulsen
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page
55, after line 8, insert:
"Sec.
5. Minnesota Statutes 2006, section
290.06, is amended by adding a subdivision to read:
Subd.
1b. Special
corporate rate. (a)
Notwithstanding the provisions of subdivision 1, the franchise tax imposed on a
qualified corporation for the taxable year must be computed by applying to
taxable income the rate of 8.8 percent.
(b)
For purposes of this subdivision, a "qualified corporation" is a
corporation that was certified by the commissioner of employment and economic
development as increasing the number of its full-time equivalent employees in
Minnesota by at least 500 during the calendar year ending in its previous
taxable year. The commissioner of
employment and economic development shall establish an application and
certification procedure to verify the required increase in employment positions
and shall notify the commissioner of each qualified corporation for each
taxable year in the manner and by the time the commissioner prescribes. A certified corporation is not a qualified
corporation for the taxable year unless its total Minnesota payroll, as defined
in section 290.191, subdivision 12, increased by the greater of (1) $12,500,000
or (2) one percent over the amount reported in the previous taxable year.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008."
Page
55, after line 29, insert:
"Sec.
7. Minnesota Statutes 2006, section
290.068, subdivision 1, is amended to read:
Subdivision
1. Credit
allowed. A corporation, other than
a corporation treated as an "S" corporation under section 290.9725,
is allowed a credit against the portion of the franchise tax computed under
section 290.06, subdivision 1, for the taxable year equal to:
(a) 5 percent of the first
$2,000,000 of the excess (if any) of
(1) the qualified research
expenses for the taxable year, over
(2)
the base amount; and
(b)
2.5 percent on all of such excess expenses over $2,000,000.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007."
Page
59, after line 4, insert:
"Sec.
10. Minnesota Statutes 2006, section
290.191, subdivision 2, is amended to read:
Subd.
2. Apportionment
formula of general application. (a)
Except for those trades or businesses required to use a different formula under
subdivision 3 or section 290.36, and for those trades or businesses that
receive permission to use some other method under section 290.20 or under
subdivision 4, a trade or business required to apportion its net income must
apportion its income to this state on the basis of the percentage obtained by
taking the sum of:
(1)
the percent for the sales factor under paragraph (b) of the percentage which
the sales made within this state in connection with the trade or business
during the tax period are of the total sales wherever made in connection with
the trade or business during the tax period;
(2)
the percent for the property factor under paragraph (b) of the percentage which
the total tangible property used by the taxpayer in this state in connection
with the trade or business during the tax period is of the total tangible
property, wherever located, used by the taxpayer in connection with the trade
or business during the tax period; and
(3)
the percent for the payroll factor under paragraph (b) of the percentage which
the taxpayer's total payrolls paid or incurred in this state or paid in respect
to labor performed in this state in connection with the trade or business
during the tax period are of the taxpayer's total payrolls paid or incurred in
connection with the trade or business during the tax period.
(b)
For purposes of paragraph (a) and subdivision 3, the following percentages
apply for the taxable years specified:
Taxable years beginning Sales factor Property
factor Payroll
factor
during calendar year percent percent percent
2007 78 11 11
2008 81
85 9.5 7.5 9.5
7.5
2009 84
90 8 5 8 5
2010 87
95 6.5 2.5 6.5 2.5
2011 90 5 5
2012 93 3.5 3.5
2013 96 2 2
2014 and later 100 0 0
calendar years
EFFECTIVE DATE. This section is effective for tax years beginning after
December 31, 2007."
Page 66, after line 33,
insert:
"Sec. 2. Minnesota Statutes 2006, section 297A.68,
subdivision 5, is amended to read:
Subd. 5. Capital
equipment. (a) Capital equipment is
exempt. The tax must be imposed and
collected as if the rate under section 297A.62, subdivision 1, applied, and
then refunded in the manner provided in section 297A.75.
"Capital
equipment" means machinery and equipment purchased or leased, and used in
this state by the purchaser or lessee primarily for manufacturing, fabricating,
mining, or refining tangible personal property to be sold ultimately at retail
if the machinery and equipment are essential to the integrated production
process of manufacturing, fabricating, mining, or refining. Capital equipment also includes machinery
and equipment used primarily to electronically transmit results retrieved by a
customer of an online computerized data retrieval system.
(b) Capital equipment
includes, but is not limited to:
(1) machinery and equipment
used to operate, control, or regulate the production equipment;
(2) machinery and equipment
used for research and development, design, quality control, and testing
activities;
(3) environmental control
devices that are used to maintain conditions such as temperature, humidity,
light, or air pressure when those conditions are essential to and are part of
the production process;
(4) materials and supplies
used to construct and install machinery or equipment;
(5) repair and replacement
parts, including accessories, whether purchased as spare parts, repair parts,
or as upgrades or modifications to machinery or equipment;
(6) materials used for
foundations that support machinery or equipment;
(7) materials used to
construct and install special purpose buildings used in the production process;
(8) ready-mixed concrete
equipment in which the ready-mixed concrete is mixed as part of the delivery
process regardless if mounted on a chassis, repair parts for ready-mixed
concrete trucks, and leases of ready-mixed concrete trucks; and
(9) machinery or equipment
used for research, development, design, or production of computer software.
(c) Capital equipment does
not include the following:
(1) motor vehicles taxed
under chapter 297B;
(2) machinery or equipment
used to receive or store raw materials;
(3) building materials,
except for materials included in paragraph (b), clauses (6) and (7);
(4) machinery or equipment used
for nonproduction purposes, including, but not limited to, the following: plant
security, fire prevention, first aid, and hospital stations; support operations
or administration; pollution control; and plant cleaning, disposal of scrap and
waste, plant communications, space heating, cooling, lighting, or safety;
(5)
farm machinery and aquaculture production equipment as defined by section
297A.61, subdivisions 12 and 13;
(6) machinery or equipment
purchased and installed by a contractor as part of an improvement to real
property;
(7) machinery and equipment
used by restaurants in the furnishing, preparing, or serving of prepared foods
as defined in section 297A.61, subdivision 31;
(8) machinery and equipment
used to furnish the services listed in section 297A.61, subdivision 3,
paragraph (g), clause (6), items (i) to (vi) and (viii);
(9) machinery or equipment
used in the transportation, transmission, or distribution of petroleum,
liquefied gas, natural gas, water, or steam, in, by, or through pipes, lines,
tanks, mains, or other means of transporting those products. This clause does not apply to machinery or
equipment used to blend petroleum or biodiesel fuel as defined in section
239.77; or
(10) any other item that is
not essential to the integrated process of manufacturing, fabricating, mining,
or refining.
(d) For purposes of this
subdivision:
(1) "Equipment"
means independent devices or tools separate from machinery but essential to an
integrated production process, including computers and computer software, used
in operating, controlling, or regulating machinery and equipment; and any
subunit or assembly comprising a component of any machinery or accessory or
attachment parts of machinery, such as tools, dies, jigs, patterns, and molds.
(2) "Fabricating"
means to make, build, create, produce, or assemble components or property to
work in a new or different manner.
(3) "Integrated
production process" means a process or series of operations through which
tangible personal property is manufactured, fabricated, mined, or refined. For purposes of this clause, (i)
manufacturing begins with the removal of raw materials from inventory and ends
when the last process prior to loading for shipment has been completed; (ii)
fabricating begins with the removal from storage or inventory of the property
to be assembled, processed, altered, or modified and ends with the creation or
production of the new or changed product; (iii) mining begins with the removal
of overburden from the site of the ores, minerals, stone, peat deposit, or
surface materials and ends when the last process before stockpiling is
completed; and (iv) refining begins with the removal from inventory or storage
of a natural resource and ends with the conversion of the item to its completed
form.
(4) "Machinery"
means mechanical, electronic, or electrical devices, including computers and
computer software, that are purchased or constructed to be used for the
activities set forth in paragraph (a), beginning with the removal of raw materials
from inventory through completion of the product, including packaging of the
product.
(5) "Machinery and
equipment used for pollution control" means machinery and equipment used
solely to eliminate, prevent, or reduce pollution resulting from an activity
described in paragraph (a).
(6)
"Manufacturing" means an operation or series of operations where raw
materials are changed in form, composition, or condition by machinery and
equipment and which results in the production of a new article of tangible
personal property. For purposes of this
subdivision, "manufacturing" includes the generation of electricity
or steam to be sold at retail.
(7) "Mining" means
the extraction of minerals, ores, stone, or peat.
(8) "Online data
retrieval system" means a system whose cumulation of information is
equally available and accessible to all its customers.
(9) "Primarily"
means machinery and equipment used 50 percent or more of the time in an
activity described in paragraph (a).
(10) "Refining"
means the process of converting a natural resource to an intermediate or
finished product, including the treatment of water to be sold at retail.
(11) This subdivision does
not apply to telecommunications equipment as provided in subdivision 35, and
does not apply to wire, cable, fiber, poles, or conduit for telecommunications
services.
EFFECTIVE DATE. This section is effective for sales and purchases made after
June 30, 2008."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Paulsen amendment and the roll
was called. There were 59 yeas and 73
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kalin
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Peterson, S.
Ruth
Ruud
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson and Heidgerken moved
to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page 50, line 9, delete
"and"
Page 50, line 10, strike the
period and insert "; and
(12) to the extent excluded
or deducted in computing federal taxable income, the amount excluded for
discharge of indebtedness on principal residences as provided in section 2 of
Public Law 110-142, the Mortgage Forgiveness Debt Relief Act of 2007."
Page 55, after line 8,
insert:
"Sec. 5. Minnesota Statutes 2006, section 290.06, is
amended by adding a subdivision to read:
Subd. 35. Credit for sale of
home. (a) An individual is
allowed a credit against the tax due under this chapter equal to 25 percent of
the loss on the sale of a home. The
maximum total credit allowed under this subdivision is $10,000, but the maximum
that may be used in any taxable year is $3,000.
(b) For purposes of this
subdivision, "loss on the sale of a home" means the extent to which
(i) the current year's estimated market value, as determined by the county
assessor, of a property for which the individual claimed homestead benefits
under section 273.13, subdivision 22, exceeds (ii) the sales price of the
property, less any amounts paid by the individual in fees and commissions
related to the sale of the property.
(c) If the credit allowed
under this subdivision exceeds the lesser of (i) the tax liability of the
individual for the taxable year or (ii) $3,000, the excess amount of the credit
may be carried over to each of the ten taxable years succeeding the taxable
year. The entire amount of the credit
must be carried to the earliest taxable year to which the amount may be
carried, but the maximum amount that is allowed in any taxable year is
$3,000. The unused portion of the
credit must be carried to the following taxable year. No credit may be carried to a taxable year more than ten years
after the taxable year in which the credit was initially allowed.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Zellers moved to amend H. F.
No. 3201, the second engrossment, as amended, as follows:
Page 48, delete section 2
Page 54, line 36, after the
semicolon, insert "and"
Page 55, delete line 1
Page 55, line 2, delete
"(20)" and insert "(19)"
Page 55, delete section 6
Page 59, after line 25,
insert:
"Sec. 9. DEDUCTION
DISALLOWED.
Notwithstanding other law to
the contrary, taxable income for a trade or business expense shall be allowed
for any fine or similar penalty paid to a government for the violation of any
law to the extent such payment is nondeductible under section 162(f) of the
Internal Revenue Code as in effect on February 13, 2008."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Zellers amendment and the roll
was called. There were 61 yeas and 71
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Holberg
Hoppe
Kalin
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Morrow
Nornes
Olin
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Peterson, S.
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson and Erickson moved to
amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page 47, after line 15,
insert:
"Section 1. PURPOSE.
In order to avoid increasing
the risk of economic recession in Minnesota while still meeting the state's
significant transportation and transit needs, the legislature finds it
necessary to implement individual income tax rate reductions to offset the
state transportation tax increases in this article."
Page 55, after line 8,
insert:
"Sec. 3. Minnesota Statutes 2006, section 290.06,
subdivision 2c, is amended to read:
Subd. 2c. Schedules
of rates for individuals, estates, and trusts. (a) The income taxes imposed by this chapter upon married
individuals filing joint returns and surviving spouses as defined in section
2(a) of the Internal Revenue Code must be computed by applying to their taxable
net income the following schedule of rates:
(1) On the first $25,680, 5.35
5.3 percent;
(2) On all over $25,680, but
not over $102,030, 7.05 7 percent;
(3) On all over $102,030, 7.85
7.8 percent.
Married individuals filing
separate returns, estates, and trusts must compute their income tax by applying
the above rates to their taxable income, except that the income brackets will
be one-half of the above amounts.
(b) The income taxes imposed
by this chapter upon unmarried individuals must be computed by applying to
taxable net income the following schedule of rates:
(1) On the first $17,570, 5.35
5.3 percent;
(2) On all over $17,570, but
not over $57,710, 7.05 7 percent;
(3) On all over $57,710, 7.85
7.8 percent.
(c) The income taxes imposed
by this chapter upon unmarried individuals qualifying as a head of household as
defined in section 2(b) of the Internal Revenue Code must be computed by
applying to taxable net income the following schedule of rates:
(1) On the first $21,630, 5.35
5.3 percent;
(2) On all over $21,630, but
not over $86,910, 7.05 7 percent;
(3) On all over $86,910, 7.85
7.8 percent.
For taxable years beginning
after December 31, 2008, and before January 1, 2011, all of the percentage
rates in this section are reduced by two-tenths of one percent, to 5.15, 6.85,
and 7.65 percent. For taxable years
beginning after December 31, 2010, all of the percentage rates in this section
are reduced by 35 hundredths of one percent, to 5, 6.7, and 7.5 percent.
(d) In lieu of a tax
computed according to the rates set forth in this subdivision, the tax of any
individual taxpayer whose taxable net income for the taxable year is less than
an amount determined by the commissioner must be computed in accordance with
tables prepared and issued by the commissioner of revenue based on income
brackets of not more than $100. The
amount of tax for each bracket shall be computed at the rates set forth in this
subdivision, provided that the commissioner may disregard a fractional part of
a dollar unless it amounts to 50 cents or more, in which case it may be
increased to $1.
(e) An individual who is not
a Minnesota resident for the entire year must compute the individual's
Minnesota income tax as provided in this subdivision. After the application of the nonrefundable credits provided in
this chapter, the tax liability must then be multiplied by a fraction in which:
(1) the numerator is the
individual's Minnesota source federal adjusted gross income as defined in
section 62 of the Internal Revenue Code and increased by the additions required
under section 290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), and (9),
and reduced by the Minnesota assignable portion of the subtraction for United
States government interest under section 290.01, subdivision 19b, clause (1),
and the subtractions under section 290.01, subdivision 19b, clauses (9), (10),
(14), (15), and (16), after applying the allocation and assignability
provisions of section 290.081, clause (a), or 290.17; and
(2) the denominator is the
individual's federal adjusted gross income as defined in section 62 of the
Internal Revenue Code of 1986, increased by the amounts specified in section
290.01, subdivision 19a, clauses (1), (5), (6), (7), (8), and (9), and reduced
by the amounts specified in section 290.01, subdivision 19b, clauses (1), (9),
(10), (14), (15), and (16).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007."
Page 55, after line 29,
insert:
"Sec. 5. Minnesota Statutes 2006, section 290.091,
subdivision 1, is amended to read:
Subdivision 1. Imposition
of tax. In addition to all other
taxes imposed by this chapter a tax is imposed on individuals, estates, and
trusts equal to the excess (if any) of
(a) an amount equal to 6.4
6.2 percent of alternative minimum taxable income after subtracting the
exemption amount, over
(b) the regular tax for the
taxable year.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 6. Minnesota Statutes 2006, section 290.091,
subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a) "Alternative
minimum taxable income" means the sum of the following for the taxable
year:
(1) the taxpayer's federal
alternative minimum taxable income as defined in section 55(b)(2) of the Internal
Revenue Code;
(2) the taxpayer's itemized
deductions allowed in computing federal alternative minimum taxable income, but
excluding:
(i) the charitable
contribution deduction under section 170 of the Internal Revenue Code:
(A) for taxable years beginning
before January 1, 2006, to the extent that the deduction exceeds 1.0 percent of
adjusted gross income;
(B) for taxable years
beginning after December 31, 2005, to the full extent of the deduction.
For purposes of this clause,
"adjusted gross income" has the meaning given in section 62 of the
Internal Revenue Code;
(ii) the medical expense
deduction;
(iii) the casualty, theft,
and disaster loss deduction; and
(iv) the impairment-related
work expenses of a disabled person;
(3) for depletion allowances
computed under section 613A(c) of the Internal Revenue Code, with respect to
each property (as defined in section 614 of the Internal Revenue Code), to the
extent not included in federal alternative minimum taxable income, the excess
of the deduction for depletion allowable under section 611 of the Internal
Revenue Code for the taxable year over the adjusted basis of the property at
the end of the taxable year (determined without regard to the depletion
deduction for the taxable year);
(4) to the extent not
included in federal alternative minimum taxable income, the amount of the tax
preference for intangible drilling cost under section 57(a)(2) of the Internal
Revenue Code determined without regard to subparagraph (E);
(5) to the extent not included
in federal alternative minimum taxable income, the amount of interest income as
provided by section 290.01, subdivision 19a, clause (1); and
(6) the amount of addition
required by section 290.01, subdivision 19a, clauses (7), (8), and (9);
less the sum of the amounts
determined under the following:
(1) interest income as
defined in section 290.01, subdivision 19b, clause (1);
(2) an overpayment of state
income tax as provided by section 290.01, subdivision 19b, clause (2), to the
extent included in federal alternative minimum taxable income;
(3) the amount of investment
interest paid or accrued within the taxable year on indebtedness to the extent
that the amount does not exceed net investment income, as defined in section
163(d)(4) of the Internal Revenue Code.
Interest does not include amounts deducted in computing federal adjusted
gross income; and
(4) amounts subtracted from
federal taxable income as provided by section 290.01, subdivision 19b, clauses
(9) to (16).
In the case of an estate or
trust, alternative minimum taxable income must be computed as provided in
section 59(c) of the Internal Revenue Code.
(b) "Investment
interest" means investment interest as defined in section 163(d)(3) of the
Internal Revenue Code.
(c) "Tentative minimum tax"
equals 6.4 6.2 percent of alternative minimum taxable income
after subtracting the exemption amount determined under subdivision 3.
(d) "Regular tax"
means the tax that would be imposed under this chapter (without regard to this
section and section 290.032), reduced by the sum of the nonrefundable credits
allowed under this chapter.
(e) "Net minimum
tax" means the minimum tax imposed by this section.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008.
Sec. 7. Minnesota Statutes 2006, section 290.091,
subdivision 6, is amended to read:
Subd. 6. Credit
for prior years' liability. (a) A
credit is allowed against the tax imposed by this chapter on individuals,
trusts, and estates equal to the minimum tax credit for the taxable year. The minimum tax credit equals the adjusted
net minimum tax for taxable years beginning after December 31, 1988, reduced by
the minimum tax credits allowed in a prior taxable year. The credit may not exceed the excess (if
any) for the taxable year of
(1) the regular tax, over
(2) the greater of (i) the
tentative alternative minimum tax, or (ii) zero.
(b) The adjusted net minimum
tax for a taxable year equals the lesser of the net minimum tax or the excess
(if any) of
(1) the tentative minimum
tax, over
(2) 6.4 6.2
percent of the sum of
(i) adjusted gross income as
defined in section 62 of the Internal Revenue Code,
(ii) interest income as
defined in section 290.01, subdivision 19a, clause (1),
(iii) interest on specified private
activity bonds, as defined in section 57(a)(5) of the Internal Revenue Code, to
the extent not included under clause (ii),
(iv) depletion as defined in
section 57(a)(1), determined without regard to the last sentence of paragraph
(1), of the Internal Revenue Code, less
(v) the deductions allowed
in computing alternative minimum taxable income provided in subdivision 2,
paragraph (a), clause (2) of the first series of clauses and clauses (1), (2),
and (3) of the second series of clauses, and
(vi) the exemption amount
determined under subdivision 3.
In the case of an individual
who is not a Minnesota resident for the entire year, adjusted net minimum tax
must be multiplied by the fraction defined in section 290.06, subdivision 2c,
paragraph (e). In the case of a trust
or estate, adjusted net minimum tax must be multiplied by the fraction defined
under subdivision 4, paragraph (b).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2008."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Olson and Erickson amendment and
the roll was called. There were 43 yeas
and 89 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Magnus
McNamara
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Demmer
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page
11, after line 29, insert:
"Sec.
2. Minnesota Statutes 2006, section
123B.53, subdivision 5, is amended to read:
Subd.
5. Equalized
debt service levy. (a) The
equalized debt service levy of a district equals the sum of the first tier
equalized debt service levy and the second tier equalized debt service levy.
(b) A
district's first tier equalized debt service levy equals the district's first
tier debt service equalization revenue times the lesser of one or the ratio of:
(1)
the quotient derived by dividing the adjusted school capital net tax
capacity of the district for the year before the year the levy is certified by
the adjusted pupil units in the district for the school year ending in the year
prior to the year the levy is certified; to
(2)
$3,200.
(c) A
district's second tier equalized debt service levy equals the district's second
tier debt service equalization revenue times the lesser of one or the ratio of:
(1)
the quotient derived by dividing the adjusted school capital net tax
capacity of the district for the year before the year the levy is certified by
the adjusted pupil units in the district for the school year ending in the year
prior to the year the levy is certified; to
(2)
$8,000.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec.
3. Minnesota Statutes 2006, section
126C.01, is amended by adding a subdivision to read:
Subd.
2a. School
capital net tax capacity. "School
capital net tax capacity" means the net tax capacity as otherwise defined
under section 273.13, excluding the tax capacity attributable to agricultural
land or timberland under class 2a or 2b.
This exclusion does not apply to the value of improvements, nor to land
that is considered part of the house, garage, and one acre of an agricultural
homestead under class 2a.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec.
4. Minnesota Statutes 2006, section
126C.01, is amended by adding a subdivision to read:
Subd.
2b. Adjusted
school capital net tax capacity.
"Adjusted school capital net tax capacity" means the school
capital net tax capacity defined under subdivision 2a as adjusted by the
commissioner of revenue under section 127A.48.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter."
Page
25, after line 28, insert:
"Sec.
13. Minnesota Statutes 2006, section
273.13, subdivision 23, is amended to read:
Subd.
23. Class 2. (a) Class 2a
property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and
immediately surrounding one acre of land has the same class rates as class 1a
property under subdivision 22. The
value of the remaining land including improvements up to the first tier
valuation limit of agricultural homestead property has a net class rate of 0.55
percent of market value. The remaining
property over the first tier has a class rate of one percent of market
value. For purposes of this
subdivision, the "first tier valuation limit of agricultural homestead
property" and "first tier" means the limit certified under
section 273.11, subdivision 23. All
of the value attributable to improvements must be included in the first tier of
the agricultural homestead, unless the value of improvements exceeds the first
tier valuation limit of the agricultural homestead.
(b)
Class 2b property is (1) real estate, rural in character and used exclusively
for growing trees for timber, lumber, and wood and wood products; (2) real
estate that is not improved with a structure and is used exclusively for
growing trees for timber, lumber, and wood and wood products, if the owner has
participated or is participating in a cost-sharing program for afforestation,
reforestation, or timber stand improvement on that particular property,
administered
or coordinated by the commissioner of natural resources; (3) real estate that
is nonhomestead agricultural land; or (4) a landing area or public access area
of a privately owned public use airport.
Class 2b property has a net class rate of one percent of market value.
(c)
Agricultural land as used in this section means contiguous acreage of ten acres
or more, used during the preceding year for agricultural purposes.
"Agricultural purposes" as used in this section means the raising or
cultivation of agricultural products. "Agricultural purposes" also
includes enrollment in the Reinvest in Minnesota program under sections
103F.501 to 103F.535 or the federal Conservation Reserve Program as contained
in Public Law 99-198 if the property was classified as agricultural (i) under
this subdivision for the assessment year 2002 or (ii) in the year prior to its
enrollment. Contiguous acreage on the
same parcel, or contiguous acreage on an immediately adjacent parcel under the
same ownership, may also qualify as agricultural land, but only if it is
pasture, timber, waste, unusable wild land, or land included in state or
federal farm programs. Agricultural
classification for property shall be determined excluding the house, garage,
and immediately surrounding one acre of land, and shall not be based upon the
market value of any residential structures on the parcel or contiguous parcels
under the same ownership.
(d)
Real estate, excluding the house, garage, and immediately surrounding one acre
of land, of less than ten acres which is exclusively and intensively used for
raising or cultivating agricultural products, shall be considered as
agricultural land.
Land
shall be classified as agricultural even if all or a portion of the agricultural
use of that property is the leasing to, or use by another person for
agricultural purposes.
Classification
under this subdivision is not determinative for qualifying under section
273.111.
The
property classification under this section supersedes, for property tax
purposes only, any locally administered agricultural policies or land use
restrictions that define minimum or maximum farm acreage.
(e)
The term "agricultural products" as used in this subdivision includes
production for sale of:
(1)
livestock, dairy animals, dairy products, poultry and poultry products,
fur-bearing animals, horticultural and nursery stock, fruit of all kinds,
vegetables, forage, grains, bees, and apiary products by the owner;
(2)
fish bred for sale and consumption if the fish breeding occurs on land zoned
for agricultural use;
(3)
the commercial boarding of horses if the boarding is done in conjunction with
raising or cultivating agricultural products as defined in clause (1);
(4)
property which is owned and operated by nonprofit organizations used for
equestrian activities, excluding racing;
(5)
game birds and waterfowl bred and raised for use on a shooting preserve
licensed under section 97A.115;
(6)
insects primarily bred to be used as food for animals;
(7)
trees, grown for sale as a crop, and not sold for timber, lumber, wood, or wood
products; and
(8)
maple syrup taken from trees grown by a person licensed by the Minnesota
Department of Agriculture under chapter 28A as a food processor.
(f) If
a parcel used for agricultural purposes is also used for commercial or
industrial purposes, including but not limited to:
(1)
wholesale and retail sales;
(2)
processing of raw agricultural products or other goods;
(3)
warehousing or storage of processed goods; and
(4) office
facilities for the support of the activities enumerated in clauses (1), (2),
and (3),
the assessor shall classify
the part of the parcel used for agricultural purposes as class 1b, 2a, or 2b,
whichever is appropriate, and the remainder in the class appropriate to its
use. The grading, sorting, and
packaging of raw agricultural products for first sale is considered an
agricultural purpose. A greenhouse or
other building where horticultural or nursery products are grown that is also
used for the conduct of retail sales must be classified as agricultural if it
is primarily used for the growing of horticultural or nursery products from
seed, cuttings, or roots and occasionally as a showroom for the retail sale of
those products. Use of a greenhouse or building
only for the display of already grown horticultural or nursery products does
not qualify as an agricultural purpose.
The
assessor shall determine and list separately on the records the market value of
the homestead dwelling and the one acre of land on which that dwelling is
located. If any farm buildings or
structures are located on this homesteaded acre of land, their market value
shall not be included in this separate determination.
(g) To
qualify for classification under paragraph (b), clause (4), a privately owned
public use airport must be licensed as a public airport under section
360.018. For purposes of paragraph (b),
clause (4), "landing area" means that part of a privately owned
public use airport properly cleared, regularly maintained, and made available
to the public for use by aircraft and includes runways, taxiways, aprons, and
sites upon which are situated landing or navigational aids. A landing area also includes land underlying
both the primary surface and the approach surfaces that comply with all of the
following:
(i)
the land is properly cleared and regularly maintained for the primary purposes
of the landing, taking off, and taxiing of aircraft; but that portion of the
land that contains facilities for servicing, repair, or maintenance of aircraft
is not included as a landing area;
(ii)
the land is part of the airport property; and
(iii)
the land is not used for commercial or residential purposes.
The land contained in a
landing area under paragraph (b), clause (4), must be described and certified
by the commissioner of transportation.
The certification is effective until it is modified, or until the
airport or landing area no longer meets the requirements of paragraph (b),
clause (4). For purposes of paragraph
(b), clause (4), "public access area" means property used as an
aircraft parking ramp, apron, or storage hangar, or an arrival and departure
building in connection with the airport."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Demmer amendment and the roll was
called. There were 57 yeas and 75 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Bly
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Doty
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Kalin
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Morrow
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Tschumper
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Seifert
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page
9, after line 15, insert:
"Sec.
4. Minnesota Statutes 2006, section
477A.013, is amended by adding a subdivision to read:
Subd.
11. Reduced
aid for cities with sanctuary ordinances. Notwithstanding subdivisions 8 and 9, if the city has, at the
time the aid is certified, an ordinance prohibiting public safety officials
from undertaking any law enforcement action for the purpose of detecting the
presence of undocumented persons, or to verify immigration status, the amount
of aid that they will receive under subdivision 9 is reduced by 50 percent. Any aid that would otherwise go to a city
under that section shall be redistributed to other cities under subdivisions 8
and 9.
EFFECTIVE DATE. This section is effective beginning with aids payable in 2009."
Renumber
the sections in sequence and correct the internal references
Amend
the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Seifert amendment and the roll
was called. There were 65 yeas and 67
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Westrom and Nornes moved to
amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page 24, line 28, strike
"$500,000" and insert "$600,000"
Page 24, line 30, strike
"0.55" and insert "0.50"
A roll call was requested and properly seconded.
The question was taken on the Westrom and Nornes amendment and
the roll was called. There were 121
yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Faust
Greiling
Hansen
Jaros
Kahn
Kalin
Mullery
Slocum
Thao
Tschumper
Winkler
The motion prevailed and the amendment was adopted.
Gottwalt moved to amend H.
F. No. 3201, the second engrossment, as amended, as follows:
Page 66, after line 33,
insert:
"Sec. 2. Minnesota Statutes 2006, section 297A.71, is
amended by adding a subdivision to read:
Subd. 40. St. Cloud public safety
facilities. Materials and
supplies used or consumed in, and equipment incorporated into, the construction
of a police station and two fire stations in the city of St. Cloud are exempt.
EFFECTIVE DATE. This section is effective retroactively for sales and
purchases made after June 30, 2007, and before January 1, 2012. For sales and purchases made before July 1,
2008, the exemption must be administered as a refund under Minnesota Statutes,
section 297A.75, with the refund being paid to the city of St. Cloud."
The motion did not prevail and the amendment was not adopted.
Drazkowski moved to amend H.
F. No. 3201, the second engrossment, as amended, as follows:
Page 15, after line 31
insert:
"Sec. 8. Minnesota Statutes 2006, section 273.11,
subdivision 5, is amended to read:
Subd. 5. Boards
of review and equalization.
Notwithstanding any other provision of law to the contrary, the limitation
contained in subdivisions 1 and, 1a, and 24 shall also
apply to the authority of the local board of review as provided in section
274.01, the county board of equalization as provided in section 274.13, the
State Board of Equalization and the commissioner of revenue as provided in
sections 270.11, subdivision 1, 270.12, 270C.92, and 270C.94.
EFFECTIVE DATE. This section is effective for assessment year 2008 and
thereafter, for taxes payable in 2009 and thereafter.
Sec. 9. Minnesota Statutes 2006, section 273.11, is
amended by adding a subdivision to read:
Subd. 24. Homesteads of persons
age 65 or older; valuation increase prohibited. (a) The taxable market value used for
taxes levied in the current year on class 1 property as defined in section 273.13,
subdivision 22, and that portion of class 2a property as defined in section
273.13, subdivision 23, consisting of the house, garage, and surrounding one
acre of land, may not exceed the property's taxable market value used for taxes
levied in the preceding year, provided that:
(i) the property is owned
and occupied as a homestead by a person that will be 65 years of age or older
as of December 31 of the year in which the tax is levied. In the case of a married couple, both of the
spouses must be at least 65 years old as of December 31 of the year in which
the tax is levied regardless of whether the property is titled in the name of
one spouse or both spouses, or titled in another way that permits the property
to have homestead status; and
(ii) the total household
income of the qualifying homeowners, as defined in section 290A.03, subdivision
5, for the calendar year preceding the year of the initial application may not
exceed $60,000.
(b) An owner or owners must
apply to the county assessor where the property is located by August 1 of the
levy year for which the valuation freeze under paragraph (a) is first
requested. The applicant or applicants
must submit proof of age and household income as required by the assessor to
determine eligibility for the valuation freeze under paragraph (a). In succeeding years, applicants must submit
whatever information the county assessor deems necessary to determine the
homestead status and continued eligibility under this section.
(c) This subdivision does
not apply to any increase in estimated market value attributable to
improvements made to the homestead.
(d) The county assessor
shall annually inform the public of the availability of the valuation freeze
under this subdivision as part of the notice published under section 273.121.
(e) The valuation freeze
granted under this subdivision terminates when one of the following occur. The property:
(1) is sold or transferred;
(2) loses its homestead
classification; or
(3) otherwise no longer
qualifies for treatment under this section.
Upon termination the
property shall be assessed for the current levy year as otherwise provided by
law.
EFFECTIVE DATE. This section is effective for assessment year 2008 and
thereafter, for taxes payable in 2009 and thereafter.
Sec. 10. Minnesota Statutes 2006, section 273.121, is
amended to read:
273.121 VALUATION OF REAL PROPERTY, NOTICE.
Any county assessor or city
assessor having the powers of a county assessor, valuing or classifying taxable
real property shall in each year notify those persons whose property is to be
included on the assessment roll that year if the person's address is known to
the assessor, otherwise the occupant of the property. The notice shall be in writing and shall be sent by ordinary mail
at least ten days before the meeting of the local board of appeal and
equalization under section 274.01 or the review process established under
section 274.13, subdivision 1c. It
shall contain: (1) the market value for the current and prior assessment, (2)
the limited market value under section 273.11, subdivision 1a, for the current
and prior assessment, (3) the qualifying amount of any improvements under
section 273.11, subdivision 16, for the current assessment, (4) the amount
of any market value increase prohibited under section 273.11, subdivision 24,
(5) the market value subject to taxation after subtracting the amount of
any qualifying improvements under clause (3) or any valuation freeze amount
under clause (4) for the current assessment, (5) (6) the classification
of the property for the current and prior assessment, (6) (7) a
note that if the property is homestead and at least 45 years old, improvements
made to the property may be eligible for a valuation exclusion under section
273.11, subdivision 16, (7) (8) the assessor's office address,
and (8) (9) the dates, places, and times set for the meetings of
the local board of appeal and equalization, the review process established
under section 274.13, subdivision 1c, and the county board of appeal and equalization. The commissioner of revenue shall specify
the form of the notice. The assessor
shall attach to the assessment roll a statement that the notices required by
this section have been mailed. Any
assessor who is not provided sufficient funds from the assessor's governing
body to provide such notices, may make application to the commissioner of
revenue to finance such notices. The
commissioner of revenue shall conduct an investigation and, if satisfied that
the assessor does not have the necessary funds, issue a certification to the
commissioner of finance of the amount necessary to provide such notices. The commissioner of finance shall issue a
warrant for such amount and shall deduct such amount from any state payment to
such county or municipality. The
necessary funds to make such payments are hereby appropriated. Failure to receive the notice shall in no
way affect the validity of the assessment, the resulting tax, the procedures of
any board of review or equalization, or the enforcement of delinquent taxes by
statutory means.
EFFECTIVE DATE. This section is effective for valuation notices beginning with
the 2009 assessment."
Page 39, line 7, strike
"and 16" and insert "16, and 24"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Howes moved to amend the Drazkowski amendment to H. F. No.
3201, the second engrossment, as amended, as follows:
Page 1, line 22, delete "both" and insert
"at least one"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Drazkowski amendment, as amended,
and the roll was called. There were 52
yeas and 80 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kalin
Knuth
Kohls
Magnus
Nornes
Olin
Olson
Otremba
Paulsen
Paymar
Peppin
Peterson, S.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Demmer
Dill
Dominguez
Doty
Eken
Erhardt
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Ozment
Pelowski
Peterson, A.
Peterson, N.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment, as amended, was
not adopted.
Gottwalt
moved to amend H. F. No. 3201, the second engrossment, as amended, as follows:
Page
53, line 7, strike "and"
Page
53, line 9, strike the period and insert "; and
(17)
the amount equal to the contributions made during the taxable year to a college
savings plan account, qualifying under section 529 of the Internal Revenue
Code, not including amounts rolled over from other college savings plan
accounts, and not to exceed $5,000 for each beneficiary."
A roll call was requested and properly seconded.
The question was taken on the Gottwalt amendment and the roll
was called. There were 48 yeas and 84
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kalin
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Gottwalt moved to amend H.
F. No. 3201, the second engrossment, as amended, as follows:
Page 55, after line 8,
insert:
"Sec. 5. Minnesota Statutes 2006, section 290.0672,
subdivision 2, is amended to read:
Subd. 2. Credit. A taxpayer is allowed a credit against the
tax imposed by this chapter for long-term care insurance policy premiums paid
during the tax year. The credit for
each policy equals 25 percent of premiums paid to the extent not deducted in
determining federal taxable income. A
taxpayer may claim a credit for only one policy for each qualified
beneficiary. A maximum of $100 $1,000
applies to each qualified beneficiary.
The maximum total credit allowed per year is $200 $2,000 for
married couples filing joint returns and $100 $1,000 for all
other filers. For a nonresident or
part-year resident, the credit determined under this section must be allocated
based on the percentage calculated under section 290.06, subdivision 2c,
paragraph (e).
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2007."
Renumber the sections and
correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Gottwalt amendment and the roll
was called.
Pursuant to rule 2.05, the Speaker excused Hansen from voting
on the Gottwalt amendment to H. F. No. 3201, as amended.
There were 48 yeas and 83 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
Masin
McFarlane
McNamara
Nornes
Olson
Otremba
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Gardner
Greiling
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
H. F. No. 3201, as amended, was read for the third time.
Buesgens moved that H. F. No. 3201, as amended, be re-referred
to the K-12 Finance Division.
A roll call was requested and properly seconded.
The question was taken on the Buesgens motion and the roll was
called. There were 47 yeas and 85 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail.
H. F. No. 3201, A bill for an act relating to financing and
operation of government in this state; making policy, technical,
administrative, payment, enforcement, collection, proceeds distribution,
refund, and other changes to income, franchise, property, state and local sales
and use, motor vehicle sales, minerals, estate, cigarette and tobacco products,
gasoline, liquor, insurance premiums, mortgage and deed, healthcare gross
revenues, and wheelage taxes, and other taxes and tax-related provisions;
conforming to certain changes in the Internal Revenue Code; changing
accelerated sales tax payments; providing for licensure of assessors; changing
provisions relating to the sustainable forest resource management incentive
program; providing for aids to local governments; providing for state debt
collection; changing border city allocation, tax increment financing, and
economic development, provisions, powers, and incentives; authorizing and
providing terms and conditions related to the issuance of obligations and the
financing of public improvements and services; changing and imposing powers,
duties, and requirements on certain local governments and authorities and on
the commissioner of revenue and other state departments and agencies; extending
the time for certain publications of notices; requiring notices and publication
of information; extending a petrofund fee exemption; providing for purchase of
forest lands; authorizing and validating trusts to pay certain public
postemployment benefits; providing for iron range higher education grants;
changing revenue recapture, local impact notes, and data practices provisions;
providing penalties; appropriating money; amending Minnesota Statutes 2006,
sections 3.987, subdivision 1; 3.988, subdivision 3; 3.989, subdivisions 2, 3;
16A.103, subdivision 2; 16D.04, subdivisions 1, 2; 16D.11, subdivisions 2, 7;
62I.06, subdivision 6; 71A.04, subdivision 1; 97A.061, subdivision 2; 118A.03,
subdivision 3; 123B.61; 127A.48, subdivision 2; 216B.1646; 270.071, subdivision
7; 270.072, subdivisions 2, 3, 6; 270.074, subdivision 3; 270.076, subdivision
1; 270.41, subdivisions 1, 2, 3, 5, by adding a subdivision; 270.44; 270.45;
270.46; 270.47; 270.48; 270.50; 270A.03, subdivision 2; 270A.10; 270C.306;
270C.34,
subdivision 1; 270C.446,
subdivision 2; 270C.56, subdivision 1; 270C.63, subdivision 9; 272.02, by
adding subdivisions; 272.115, subdivision 1; 273.05, by adding a subdivision;
273.111, subdivision 3; 273.117; 273.121; 273.124, subdivision 13, by adding a
subdivision; 273.125, subdivision 8; 273.128, subdivision 1; 273.13,
subdivisions 22, 24, 25, by adding a subdivision; 273.1315; 273.1398,
subdivision 4; 273.33, subdivision 2; 273.37, subdivision 2; 273.371,
subdivision 1; 274.01, subdivision 1; 274.13, subdivision 1; 275.025,
subdivision 3; 275.065, subdivision 5a, by adding a subdivision; 275.066;
275.067; 275.61, subdivision 1; 276.04, subdivision 2, by adding a subdivision;
276A.01, subdivision 3; 276A.04; 277.01, subdivision 2; 278.05, subdivision 6;
279.01, subdivision 1; 279.37, subdivision 1a; 280.39; 287.22; 287.2205;
289A.02, subdivision 7; 289A.08, subdivision 11; 289A.09, subdivision 2;
289A.12, subdivisions 4, 14; 289A.18, subdivision 1; 289A.20, subdivision 4;
289A.38, subdivision 7; 289A.40, subdivision 2; 289A.56, by adding a
subdivision; 289A.60, subdivisions 8, 12, 15, 25, 27, by adding subdivisions;
290.01, subdivisions 19a, 19c, 19d; 290.06, subdivisions 2c, 33; 290.067,
subdivision 2b; 290.0671, subdivision 7; 290.0677, subdivision 1; 290.091,
subdivision 3; 290.0921, subdivision 3; 290.10; 290.17, subdivision 2; 290.191,
subdivision 8; 290.92, by adding a subdivision; 290A.03, subdivision 7;
290B.03, subdivision 2; 290C.02, subdivision 3; 290C.04; 290C.05; 290C.07;
290C.11; 291.005, subdivision 1; 291.215, subdivision 1; 295.52, subdivisions
4, 4a; 295.54, subdivision 2; 296A.18, subdivision 4; 297A.61, subdivisions 3,
4, 7, 10, 24, by adding subdivisions; 297A.63, subdivision 1; 297A.665;
297A.668, by adding a subdivision; 297A.669, subdivisions 3, 13, 14, by adding
subdivisions; 297A.67, subdivisions 7, 8, 9; 297A.68, subdivisions 11, 16, 35;
297A.69, subdivision 2; 297A.70, subdivision 7, by adding a subdivision;
297A.72; 297A.90, subdivision 2; 297A.99, subdivision 1; 297B.035, subdivision
1; 297F.06, subdivision 4; 297F.09, subdivision 10; 297F.21, subdivision 3;
297F.25, by adding a subdivision; 297G.09, subdivision 9; 297I.06, subdivisions
1, 2; 297I.15, by adding a subdivision; 297I.20, subdivision 2; 297I.40,
subdivision 5; 298.22, by adding a subdivision; 298.2214, subdivision 2;
298.24, subdivision 1; 298.25; 298.28, subdivisions 4, 5, by adding a subdivision;
298.282, subdivision 1; 298.292, subdivision 2; 298.296, subdivision 2;
298.2961, subdivisions 4, 5; 298.75, subdivisions 1, 3, 7, by adding a
subdivision; 331A.05, subdivision 2; 360.031; 365A.02; 365A.04; 365A.08;
365A.095; 373.01, subdivision 3; 373.40, subdivision 4; 375B.09; 383A.80,
subdivision 4; 383A.81, subdivisions 1, 2; 383B.117, subdivision 2; 383B.77,
subdivisions 1, 2; 383B.80, subdivision 4; 410.32; 412.301; 435.193; 453A.02,
subdivision 3; 469.169, by adding a subdivision; 469.1734, subdivision 6;
469.174, subdivisions 10, 10a; 469.175, subdivisions 1, 3; 469.176,
subdivisions 1, 2, 4l, 7; 469.1761, subdivision 1; 469.1763, subdivision 2;
469.177, subdivision 1; 469.178, subdivision 7; 469.1791, subdivision 3;
473.39, by adding subdivisions; 475.51, subdivision 4; 475.52, subdivision 6;
475.53, subdivision 1; 475.58, subdivisions 1, 3b; 477A.011, subdivision 36;
477A.013, subdivisions 8, 9; Minnesota Statutes 2007 Supplement, sections
270A.03, subdivision 5; 272.02, subdivision 64; 273.124, subdivision 14;
275.065, subdivision 3; 290.01, subdivisions 19, 19b, 31; 290A.03, subdivision
15; 424A.10, subdivision 3; Laws 1973, chapter 393, section 1, as amended; Laws
1980, chapter 511, section 1, subdivision 2, as amended; Laws 1988, chapter 645,
section 3, as amended; Laws 1989, chapter 211, section 8, subdivision 4, as
amended; Laws 1993, chapter 375, article 9, section 45, subdivisions 2, as
amended, 3, as amended, 4, as amended; Laws 1994, chapter 587, article 9,
section 14, subdivisions 1, 2, 3; Laws 1995, chapter 264, article 5, sections
44, subdivision 4, as amended; 45, subdivision 1, as amended; Laws 1999,
chapter 243, article 4, section 18, subdivisions 1, 3, 4; Laws 2003, chapter
128, article 1, section 172, as amended; Laws 2005, First Special Session
chapter 3, article 5, section 39; article 10, section 23, as amended; Laws
2006, chapter 259, article 11, section 3; proposing coding for new law in
Minnesota Statutes, chapters 270; 270C; 273; 274; 290C; 297A; 360; 383C; 383D;
383E; 471; 475; repealing Minnesota Statutes 2006, sections 16A.1522; 163.051,
subdivision 5; 270.073; 270.41, subdivision 4; 270.43; 270.51; 270.52; 270.53;
295.60; 297A.61, subdivision 20; 297A.668, subdivision 6; 297A.67, subdivision
22; 469.174, subdivision 29; Laws 1973, chapter 393, section 2; Laws 1994,
chapter 587, article 9, section 8, subdivision 1, as amended; Laws 1998,
chapter 389, article 11, section 18.
The bill, as amended, was placed upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 81 yeas and 51
nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Hornstein moved that the name of Haws be added as an author on
H. F. No. 311. The
motion prevailed.
Ward moved that the name of Gottwalt be added as an author on
H. F. No. 420. The
motion prevailed.
Walker moved that the name of Hansen be added as an author on
H. F. No. 478. The
motion prevailed.
Lenczewski moved that the name of Hortman be added as an author
on H. F. No. 581. The
motion prevailed.
Beard moved that his name be stricken as an author on
H. F. No. 635. The
motion prevailed.
Bunn moved that the name of Hortman be added as an author on
H. F. No. 959. The
motion prevailed.
Simpson moved that the name of Nornes be added as an author on
H. F. No. 969. The
motion prevailed.
Severson moved that the name of Seifert be added as an author
on H. F. No. 1261. The
motion prevailed.
Slocum moved that her name be stricken as an author on
H. F. No. 1601. The
motion prevailed.
Severson moved that his name be stricken as an author on
H. F. No. 1601. The
motion prevailed.
Atkins moved that the name of Haws be added as an author on
H. F. No. 2061. The
motion prevailed.
Brod moved that the names of Nornes, Westrom, Cornish, Moe,
Hoppe, Erickson and Greiling be added as authors on
H. F. No. 2172. The
motion prevailed.
Brod moved that the name of Drazkowski be added as an author on
H. F. No. 2412. The
motion prevailed.
Tschumper moved that the name of Jaros be added as an author on
H. F. No. 2459. The
motion prevailed.
Benson moved that the name of Ruud be added as an author on
H. F. No. 2535. The
motion prevailed.
Winkler moved that the names of Hortman and Scalze be added as
authors on H. F. No. 2553.
The motion prevailed.
Carlson moved that the name of Scalze be added as an author on
H. F. No. 2554. The
motion prevailed.
Scalze moved that the name of Dittrich be added as an author on
H. F. No. 2567. The
motion prevailed.
Urdahl moved that the name of Dittrich be added as an author on
H. F. No. 2624. The
motion prevailed.
Norton moved that the names of Hornstein, Erhardt and Slocum be
added as authors on H. F. No. 2628. The motion prevailed.
Brown moved that the name of Dittrich be added as an author on
H. F. No. 2630. The
motion prevailed.
Brown moved that the name of Dittrich be added as an author on
H. F. No. 2650. The
motion prevailed.
Bigham moved that the name of Wardlow be added as an author on
H. F. No. 2657. The
motion prevailed.
Peterson, S., moved that the name of Bunn be added as an author
on H. F. No. 2662. The
motion prevailed.
Laine moved that the name of Hortman be added as an author on
H. F. No. 2693. The
motion prevailed.
Dominguez moved that the name of Slocum be added as an author
on H. F. No. 2721. The
motion prevailed.
Hausman moved that the name of Scalze be added as an author on
H. F. No. 2758. The
motion prevailed.
Gardner moved that the name of Scalze be added as an author on
H. F. No. 2777. The
motion prevailed.
Bigham moved that the names of Wardlow and Scalze be added as
authors on H. F. No. 2782.
The motion prevailed.
Tschumper moved that the name of Hilstrom be added as an author
on H. F. No. 2795. The
motion prevailed.
Gardner moved that the name of Scalze be added as an author on
H. F. No. 2804. The
motion prevailed.
Atkins moved that the name of Erhardt be added as an author on
H. F. No. 2811. The
motion prevailed.
Winkler moved that the name of Dittrich be added as an author
on H. F. No. 2813. The
motion prevailed.
Ward moved that the name of Sailer be added as an author on
H. F. No. 2857. The
motion prevailed.
Dill moved that the name of Scalze be added as an author on
H. F. No. 2871. The
motion prevailed.
Nelson moved that the name of Dittrich be added as an author on
H. F. No. 2872. The
motion prevailed.
Paymar moved that the name of Scalze be added as an author on
H. F. No. 2877. The
motion prevailed.
Bigham moved that the names of Dittrich, Brynaert, Kohls,
Seifert, Heidgerken, Olin and Peterson, A., be added as authors on
H. F. No. 2878. The
motion prevailed.
Greiling moved that the name of Scalze be added as an author on
H. F. No. 2893. The
motion prevailed.
Dittrich moved that the name of Scalze be added as an author on
H. F. No. 2973. The
motion prevailed.
Dittrich moved that the name of Scalze be added as an author on
H. F. No. 2974. The
motion prevailed.
Dittrich moved that the name of Scalze be added as an author on
H. F. No. 2975. The
motion prevailed.
Morgan moved that the names of Ward and Olin be added as
authors on H. F. No. 2978.
The motion prevailed.
Benson moved that the name of Scalze be added as an author on
H. F. No. 2979. The
motion prevailed.
Koenen moved that the name of Scalze be added as an author on
H. F. No. 2998. The
motion prevailed.
Simon moved that the name of Dittrich be added as an author on
H. F. No. 3006. The
motion prevailed.
Simon moved that the name of Walker be added as an author on
H. F. No. 3007. The
motion prevailed.
Ward moved that the name of Sailer be added as an author on
H. F. No. 3011. The
motion prevailed.
Simon moved that the name of Walker be added as an author on
H. F. No. 3023. The
motion prevailed.
Morgan moved that the names of Heidgerken and Peterson, A., be
added as authors on H. F. No. 3030. The motion prevailed.
Murphy, E., moved that the names of Lillie and Murphy, M., be
added as authors on H. F. No. 3042. The motion prevailed.
Hansen moved that the names of Walker and Scalze be added as
authors on H. F. No. 3045.
The motion prevailed.
Olin moved that the name of Brynaert be added as an author on
H. F. No. 3050. The
motion prevailed.
Hilstrom moved that the name of Walker be added as an author on
H. F. No. 3061. The
motion prevailed.
Laine moved that the name of Scalze be added as an author on
H. F. No. 3072. The
motion prevailed.
Benson moved that the name of Peterson, S., be added as an
author on H. F. No. 3104.
The motion prevailed.
Benson moved that the name of Peterson, S., be added as an
author on H. F. No. 3110.
The motion prevailed.
Sertich moved that the names of Peterson, S., and Scalze be
added as authors on H. F. No. 3112. The motion prevailed.
Paymar moved that the name of Walker be added as an author on
H. F. No. 3120. The
motion prevailed.
Winkler moved that the name of Dittrich be added as an author on
H. F. No. 3142. The
motion prevailed.
Winkler moved that the name of Dittrich be added as an author
on H. F. No. 3143. The
motion prevailed.
Slawik moved that the name of Walker be added as an author on
H. F. No. 3159. The
motion prevailed.
Kahn moved that the name of Walker be added as an author on
H. F. No. 3164. The
motion prevailed.
Hausman moved that the name of Peterson, S., be added as an
author on H. F. No. 3166.
The motion prevailed.
Johnson moved that the name of Walker be added as an author on
H. F. No. 3167. The
motion prevailed.
Kahn moved that the name of Peterson, A., be added as an author
on H. F. No. 3174. The
motion prevailed.
Benson moved that the name of Peterson, S., be added as an
author on H. F. No. 3175.
The motion prevailed.
Benson moved that the name of Brynaert be added as an author on
H. F. No. 3181. The
motion prevailed.
McFarlane moved that the name of Scalze be added as an author
on H. F. No. 3182. The
motion prevailed.
Hilstrom moved that the name of Peterson, S., be added as an
author on H. F. No. 3190.
The motion prevailed.
Brod moved that the name of Peterson, S., be added as an author
on H. F. No. 3192. The
motion prevailed.
Knuth moved that the names of Benson and Scalze be added as authors
on H. F. No. 3195. The
motion prevailed.
Rukavina moved that the name of Scalze be added as an author on
H. F. No. 3206. The
motion prevailed.
Nelson moved that the name of Hilstrom be added as an author on
H. F. No. 3229. The
motion prevailed.
Bunn moved that the name of McNamara be added as an author on
H. F. No. 3232. The
motion prevailed.
Carlson moved that the name of Hortman be added as an author on
H. F. No. 3274. The
motion prevailed.
Drazkowski moved that the name of Scalze be added as an author
on H. F. No. 3294. The
motion prevailed.
Slocum moved that her name be stricken as an author on
H. F. No. 3299. The
motion prevailed.
Gunther moved that the names of Nornes and Brynaert be added as
authors on H. F. No. 3299.
The motion prevailed.
Wardlow moved that his name be stricken as an author on
H. F. No. 3329. The
motion prevailed.
Brynaert moved that the name of Scalze be added as an author on
H. F. No. 3329. The
motion prevailed.
Mullery moved that the name of Slocum be added as an author on
H. F. No. 3348. The
motion prevailed.
Moe moved that the name of Sailer be added as an author on
H. F. No. 3356. The
motion prevailed.
Howes moved that the name of Moe be added as an author on
H. F. No. 3359. The
motion prevailed.
Tingelstad moved that the names of Ruud, Bigham and Slocum be
added as authors on H. F. No. 3371. The motion prevailed.
Liebling moved that the name of Greiling be added as an author
on H. F. No. 3380. The
motion prevailed.
Brynaert moved that the names of Moe, Slocum, Lesch, Mariani
and Murphy, E., be added as authors on H. F. No. 3381. The motion prevailed.
Marquart moved that the names of Greiling, Dominguez, Scalze,
Moe and Sailer be added as authors on H. F. No. 3386. The motion prevailed.
Loeffler moved that the name of Slocum be added as an author on
H. F. No. 3388. The
motion prevailed.
Loeffler moved that the name of Slocum be added as an author on
H. F. No. 3389. The
motion prevailed.
Loeffler moved that the name of Ruud be added as an author on
H. F. No. 3390. The
motion prevailed.
Huntley moved that the name of Ruud be added as an author on
H. F. No. 3391. The
motion prevailed.
Juhnke moved that the name of Magnus be added as an author on
H. F. No. 3392. The motion
prevailed.
Norton moved that the name of Peterson, S., be added as an
author on H. F. No. 3393.
The motion prevailed.
Tillberry moved that the name of Slocum be added as an author
on H. F. No. 3395. The
motion prevailed.
Fritz moved that the names of Moe and Peterson, A., be added as
authors on H. F. No. 3400.
The motion prevailed.
Hilty moved that the names of Slocum and Ruud be added as
authors on H. F. No. 3401.
The motion prevailed.
Peterson, A., moved that the name of Thissen be added as an
author on H. F. No. 3410.
The motion prevailed.
Hilstrom moved that the name of Peterson, S., be added as an
author on H. F. No. 3423.
The motion prevailed.
Rukavina moved that the name of Fritz be added as an author on
H. F. No. 3425. The motion
prevailed.
Pelowski moved that the names of Peterson, S., and Slocum be
added as authors on H. F. No. 3426. The motion prevailed.
Kahn moved that the name of Peterson, S., be added as an author
on H. F. No. 3431. The
motion prevailed.
Tingelstad moved that the name of Nornes be added as an author
on H. F. No. 3448. The
motion prevailed.
Tingelstad moved that the name of Nornes be added as an author
on H. F. No. 3449. The
motion prevailed.
Huntley moved that the name of Haws be added as an author on
H. F. No. 3450. The
motion prevailed.
Huntley moved that the name of Haws be added as an author on
H. F. No. 3451. The
motion prevailed.
Walker moved that the name of Peterson, S., be added as an
author on H. F. No. 3452.
The motion prevailed.
Greiling moved that the name of Peterson, S., be added as an
author on H. F. No. 3459.
The motion prevailed.
Slawik moved that the name of Slocum be added as an author on
H. F. No. 3463. The
motion prevailed.
Winkler moved that the names of Peterson, S., and Slocum be
added as authors on H. F. No. 3470. The motion prevailed.
Mariani moved that the names of Greiling and Davnie be added as
authors on H. F. No. 3472.
The motion prevailed.
Kohls moved that the name of Slocum be added as an author on
H. F. No. 3476. The
motion prevailed.
Berns moved that the name of Bunn be added as an author on
H. F. No. 3498. The
motion prevailed.
Murphy, E., moved that her name be stricken as an author on
H. F. No. 3501. The
motion prevailed.
Thao moved that the name of Slocum be added as an author on
H. F. No. 3501. The
motion prevailed.
Kranz moved that the name of Greiling be added as an author on
H. F. No. 3519. The
motion prevailed.
Abeler moved that the name of Ruud be added as an author on
H. F. No. 3526. The
motion prevailed.
Winkler moved that the name of Dittrich be added as an author
on H. F. No. 3538. The
motion prevailed.
Heidgerken moved that the name of Peterson, A., be added as an
author on H. F. No. 3544.
The motion prevailed.
Tingelstad moved that the names of Nornes and Erhardt be added
as authors on H. F. No. 3591.
The motion prevailed.
Greiling moved that the names of Paymar and Nelson be added as
authors on H. F. No. 3601.
The motion prevailed.
Brod moved that the name of Shimanski be added as an author on
H. F. No. 3605. The
motion prevailed.
Mariani moved that the names of Ruud and Benson be added as
authors on H. F. No. 3624.
The motion prevailed.
Dill moved that the name of Hansen be added as an author on
H. F. No. 3627. The
motion prevailed.
Kalin moved that H. F. No. 768 be recalled from
the Committee on Finance and be re-referred to the Committee on Governmental
Operations, Reform, Technology and Elections.
The motion prevailed.
Simon moved that H. F. No. 1546 be recalled from
the Committee on Finance and be re-referred to the Committee on Governmental
Operations, Reform, Technology and Elections.
The motion prevailed.
Clark moved that H. F. No. 3196 be recalled from
the Committee on Public Safety and Civil Justice and be re-referred to the
Committee on Finance. The motion
prevailed.
Dittrich moved that H. F. No. 3292 be recalled
from the Committee on Finance and be re-referred to the Committee on
Environment and Natural Resources. The
motion prevailed.
Moe moved that H. F. No. 3356, now on the
General Register, be re-referred to the Committee on Finance. The motion prevailed.
Kahn moved that H. F. No. 3453 be recalled from
the Committee on Agriculture, Rural Economies and Veterans Affairs and be
re-referred to the Committee on Finance.
The motion prevailed.
Hilty moved that S. F. No. 1298 be recalled from
the Committee on Finance and be re-referred to the Committee on Governmental
Operations, Reform, Technology and Elections.
The motion prevailed.
Winkler moved that H. F. No. 3142 be returned to
its author. The motion prevailed.
Ozment moved that H. F. No. 3245 be returned to
its author. The motion prevailed.
Greiling moved that H. F. No. 3459 be returned
to its author. The motion prevailed.
Solberg, by request, introduced:
House Concurrent Resolution No. 6, A House concurrent
resolution recognizing the Sandy Lake Band of Mississippi Chippewa as a state
recognized Indian tribe.
The concurrent resolution was referred to the Committee on
Governmental Operations, Reform, Technology and Elections.
Buesgens and Lenczewski introduced:
House Concurrent Resolution No. 7, A House concurrent
resolution relating to per diem payments.
The concurrent resolution was referred to the Committee on
Rules and Legislative Administration.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 4:00 p.m., Tuesday, March 4, 2008.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 4:00 p.m., Tuesday, March 4, 2008.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives