STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED ELEVENTH DAY
Saint Paul, Minnesota, Monday, May 5, 2008
The House of Representatives convened at 11:00 a.m. and was
called to order by Chris DeLaForest, Speaker pro tempore.
Prayer was offered by Deacon Martin JaQues, Our Lady of
Guadalupe Church, St. Paul, 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
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
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
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.
Kranz was excused.
Hornstein was excused until 8:20 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Laine moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 1128 and H. F. No. 219,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Walker moved that the rules be so far suspended that
S. F. No. 1128 be substituted for H. F. No. 219
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2468 and
H. F. No. 2972, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mahoney moved that the rules be so far suspended that
S. F. No. 2468 be substituted for H. F. No. 2972
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2651 and
H. F. No. 3280, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dill moved that the rules be so far suspended that
S. F. No. 2651 be substituted for H. F. No. 3280
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3058 and
H. F. No. 3725, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Madore moved that the rules be so far suspended that
S. F. No. 3058 be substituted for H. F. No. 3725
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3193 and
H. F. No. 3371, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Tingelstad moved that the rules be so far suspended that
S. F. No. 3193 be substituted for H. F. No. 3371
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were 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 Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are 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 |
2667 213 2:51 p.m.
April 24 April
24
2765 214 2:59 p.m.
April 24 April
24
2915 215 3:04 p.m.
April 24 April
24
3082 216 3:06 p.m.
April 24 April
24
2828 217 3:08 p.m.
April 24 April
24
2399 218 3:13 p.m.
April 24 April
24
3225 219 3:16 p.m.
April 24 April
24
2024 220 3:17 p.m.
April 24 April
24
3286 221 3:18 p.m.
April 24 April
24
2377 222 3:19 p.m.
April 24 April
24
3571 223 3:20 p.m.
April 24 April
24
3647 224 3:21 p.m.
April 24 April
24
2936 225 3:35 p.m.
April 24 April
24
3021 226 3:26 p.m.
April 24 April
24
2642 227 3:29 p.m.
April 24 April
24
3263 228 3:32 p.m.
April 24 April
24
3119 229 3:34 p.m.
April 24 April
24
3227 230 3:36 p.m.
April 24 April
24
3446 231 3:37 p.m.
April 24 April
24
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
25, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3500, relating to business
organizations; proposing technical amendments to the Business Corporations Act,
the Limited Liability Company Act, and the Uniform Limited Partnership Act of
2001; authorizing the formation of nonprofit limited liability companies.
H. F. No. 2896, relating to public buildings;
removing a requirement that a city hold a referendum before building, equipping,
or maintaining a memorial for war veterans.
H. F. No. 3516, relating to real property;
providing specification of certain information about a premises subject to
foreclosure; providing for electronic recording; requiring a report.
Sincerely,
Tim
Pawlenty
Governor
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 Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are 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 |
2564 232 3:55 p.m.
April 25 April
25
3500 233 3:59 p.m.
April 25 April
25
3049 234 3:56 p.m.
April 25 April
25
3336 235 4:04 p.m.
April 25 April
25
2896 236 4:06 p.m.
April 25 April
25
3516 238 4:01 p.m.
April 25 April
25
3214 240 3:58 p.m.
April 25 April
25
3154 241 4:05 p.m.
April 25 April
25
3342 242 4:14 p.m.
April 25 April
25
2403 243 4:11 p.m.
April 25 April
25
1298 244 4:16 p.m.
April 25 April
25
2500 249 4:18 p.m.
April 25 April
25
Sincerely,
Mark
Ritchie
Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
28, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3662, relating to local government;
providing for a public hearing and public testimony before making an
appointment to fill a vacancy on a county board; changing the time period in
which an appointment may be made.
H. F. No. 2904, relating to state government operations;
establishing procedures for state agencies to assist communities to recover
from a natural disaster.
H. F. No. 3569, relating to workers' health; directing the
University of Minnesota to study workers' health including lung health;
appropriating money.
Sincerely,
Tim
Pawlenty
Governor
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 Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are 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 |
3139 245 4:27 p.m.
April 28 April
28
3662 246 4:28 p.m.
April 28 April
28
2904 247 4:30 p.m.
April 28 April
28
3569 248 4:31 p.m.
April 28 April
28
Sincerely,
Mark
Ritchie
Secretary
of State
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 Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are 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 |
3218 250 3:19 p.m.
April 30 April
30
3069 251 3:20 p.m.
April 30 April
30
2511 252 3:22 p.m.
April 30 April
30
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 4015, A bill for an act relating to metropolitan government; directing the
Metropolitan Airports Commission to enforce certain covenants.
Reported
the same back with the following amendments:
Page
1, delete line 11 and insert "forfeiture of future rent reductions that
had been previously agreed to, pursuant to the terms of the covenants."
Page
1, line 12, delete "Airport" and insert "Airports"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Rules and Legislative Administration.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 4207, A bill for an act relating to certain state contracts; requiring full
enforcement of certain agreements between the state and an airline company.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Rules and Legislative Administration.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 4223, A bill for an act relating to local government; authorizing
alternative transfer procedure in Hennepin County for certain drainage system
management; proposing coding for new
law in Minnesota Statutes, chapter 383B.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [157.175]
DOGS; OUTDOOR FOOD AND BEVERAGE SERVICE ESTABLISHMENTS.
A
municipality as defined under section 414.011, subdivision 2, may adopt an
ordinance to permit dogs to accompany persons patronizing outdoor areas of food
and beverage service establishments.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. [216C.42]
BUSINESS ENERGY USE ACCOUNTABILITY.
Subdivision
1. Citation. This section may be cited as the Business
Energy Accountability Act of 2008.
Subd.
2. Definition. For the purpose of this section,
"municipality" means a statutory or home rule charter city or town,
or county for unincorporated areas of a county.
Subd.
3. Energy
accountability form. The
commissioner of commerce shall create an energy inventory form for use by a
municipality for purposes of subdivision 4.
The form must be designed so a business can enter information concerning
the following energy uses for the business:
(1)
total gross electric use per year;
(2)
electric supplier;
(3)
total gross natural gas use per year;
(4)
natural gas supplier;
(5)
heating type;
(6)
air conditioning type and use per year;
(7)
business-owned motor vehicles;
(8)
miles traveled by business-owned motor vehicles;
(9)
chemicals used, including oils and cleaners;
(10)
water use per year; and
(11)
industrial sewage discharge.
The
annual total gross use information required by clauses (1) and (3) must not
require itemization by a business of each end use of electricity and natural
gas.
The
form must be designed, to the extent possible, so that its use by a
municipality may qualify for federal grants available for the purpose of
creating a greenhouse gas emission inventory.
Subd.
4. Municipal
inventory. A municipality
must make available to businesses located within the municipality the inventory
form prescribed by subdivision 3. The
business is not required to complete the inventory but may elect to do so and
provide the completed inventory to the municipality. The municipality shall make the inventory available to the public
by electronic or other means in a format that allows for convenient finding of
an inventory for a particular business whether by alphabetically ordering the
inventories by business or in some other convenient fashion.
Sec.
3. Minnesota Statutes 2006, section
365A.095, is amended to read:
365A.095 PETITION FOR REMOVAL OF DISTRICT;
PROCEDURE; REFUND OF SURPLUS.
Subdivision
1. Petition;
procedure. A petition signed by
at least 75 percent of the property owners in the territory of the subordinate
service district requesting the removal of the district may be presented to the
town board. Within 30 days after the
town board receives the petition, the town clerk shall determine the validity
of the signatures on the petition. If
the requisite number of signatures are certified as valid, the town board must
hold a public hearing on the petitioned matter. Within 30 days after the end of the hearing, the town board must
decide whether to discontinue the subordinate service district, continue as it
is, or take some other action with respect to it.
Subd.
2. Option
to refund surplus. If the
district is removed under subdivision 1, after all outstanding obligations of
the district have been paid in full, the town board may vote to refund any
surplus tax revenue or service charge, or any part of it, collected from the
district under section 365A.08. The
refund must be distributed equally to the owners of any property within the
discontinued district that were charged the extra tax or service fee during the
most recent tax year for which the tax or service fee was imposed. Any surplus not refunded under this section
must be transferred to the town's general fund.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. [383B.61]
TRANSFER OF DRAINAGE SYSTEMS.
Subdivision
1. Applicability;
definition. (a) This section
applies to transfers of management jurisdiction for the drainage systems listed
in paragraph (b) from Hennepin County to a water management authority, as
defined under section 103E.005, subdivision 29. The transfer procedure described in this section is an
alternative to the procedure prescribed in section 103E.812. Section 103E.812 does not apply to transfers
under this section, except as specified in this section.
(b)
This section applies to transfer of the following drainage systems: Hennepin
County Ditches 3, 6, 7, 9, 11, 12, 13, 16, 18, 19, 21, 22, 25, 26, 30, J-6, and
J-20.
(c)
For purposes of this section, "board" means the Hennepin County Board
of Commissioners.
Subd.
2. Transfer
procedure. (a) A water
management authority may petition for transfer if the drainage system or
portion of the drainage system proposed to be transferred lies within the
jurisdictional boundaries of the water management authority. The petition must be in a form prescribed by
the board and must provide that the transferred drainage system be managed
according to a plan adopted under sections 103B.205 to 103B.255.
(b)
Upon receipt of a petition under paragraph (a), the board shall set a date and
location for public hearing and shall publish notice of the hearing in newspapers
with general circulation in the affected areas at least 30 days prior to the
hearing. The notice shall include a
statement that property owners have a right to object to the transfer at the
hearing.
(c)
The hearing shall be conducted according to procedures established by the
board. Transfer shall be completed upon
approval of the board.
(d)
Costs of the transfer proceedings shall be attributable according to section
103E.812, subdivision 6.
Subd.
3. Effect
of transfer. The transfer of
a drainage system under this section is not a compromise of any property right
held by an owner of assessed property on the transferred drainage system and
the rights of the property owners are as provided in section 103E.812,
subdivision 7. Transfer of a drainage
system under this section has the effect given under section 103E.812,
subdivision 8.
Sec.
5. Minnesota Statutes 2006, section
394.26, is amended to read:
394.26 PUBLIC HEARINGS.
Subd.
1a. When required. In addition
to public hearings required by section 375.51 prior to the adoption by
ordinance of any comprehensive plan or amendments thereto or of any official
control or amendment thereto, public hearings shall be held before any
conditional use permit, interim use permit, any variance, and
any or proposal for a subdivision is approved or denied by the
responsible authority, and in circumstances where a public hearing is otherwise
required by sections 394.21 to 394.37.
Such public hearings may be continued from time to time and additional
hearings may be held.
Subd.
2. Notice. Notice of the time, place, and purpose of
any public hearing shall be given by publication in a newspaper of general
circulation in the town, municipality, or other area concerned, and in the
official newspaper of the county, at least ten days before the hearing, except
that notice of public hearings in connection with the adoption by ordinance of
any comprehensive plan or amendments thereto or adoption or amendment of any
official controls shall be given in the manner provided by section 375.51,
subdivision 2. In addition to the
requirements of section 375.51, subdivision 2, written notice of public
hearings on all official controls and amendments thereto shall be sent to the
governing bodies of all towns and all municipalities located within the
county. Written notice of public
hearings regarding the application of official controls to specific properties,
including but not limited to conditional uses, variances, interim uses, zoning
regulations, and subdivision regulations, shall be sent to all property owners
of record within 500 feet of the affected property in incorporated areas. In unincorporated areas, the written notice
shall be sent to property owners as follows:
(a) in
the case of variances, to owners of record within 500 feet of the affected
property;
(b) in
the case of conditional uses and interim uses, to owners of record
within one-quarter mile of the affected property or to the ten properties
nearest to the affected property, whichever would provide notice to the
greatest number of owners;
(c) in
the case of all other official controls, including but not limited to zoning
regulations and subdivision regulations, to owners of record within one-half
mile of the affected property.
Written
notice shall also be given to the affected board of town supervisors, and the
municipal council of any municipality within two miles of the affected
property.
Subd.
3a. Who runs hearing. The board
may assign responsibility to conduct public hearings for one or more purposes
to the planning commission, board of adjustment or any official or employee of
the county, except as provided in section 375.51.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. [394.303]
INTERIM USES.
Subdivision
1. Definition. An "interim use" is a temporary
use of property until a particular date, until the occurrence of a particular
event, or until zoning regulations no longer permit it.
Subd.
2. Authority. Zoning regulations may permit the
governing body to allow interim uses.
The regulations may set conditions on interim uses. The governing body may grant permission for
an interim use of property if:
(1)
the use conforms to the zoning regulations;
(2)
the date or event that will terminate the use can be identified with certainty;
(3)
permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
(4)
the user agrees to any conditions that the governing body deems appropriate for
permission of the use.
Any
interim use may be terminated by a change in zoning regulations.
Subd.
3. Public
hearings. Public hearings on
the granting of interim use permits shall be held in the manner provided in
section 394.26.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2006, section
410.05, subdivision 5, is amended to read:
Subd.
5. Discharge. (a) A charter commission in a statutory
city may be discharged as follows:
(1)
if the
charter commission of a statutory city determines that a charter is not
necessary or desirable, the commission may be discharged by a vote of
three-fourths of its members.; or
(2)
if a petition signed by registered voters equal in number to at least five
percent of the registered voters in the city requesting a referendum to
discharge the charter commission is filed with the city clerk, an election must
be held on the issue at a general election or a special election pursuant to
section 205.10. If a majority of the
votes cast support the referendum, the charter commission shall be discharged.
(b)
Another
commission may not be formed sooner than one year from the date of discharge.
Sec.
8. Minnesota Statutes 2006, section
410.12, subdivision 7, is amended to read:
Subd.
7. Amendment
by ordinance. Upon recommendation
of the charter commission the city council may enact a charter amendment by
ordinance. Within one month of
receiving a recommendation to amend the charter by ordinance, the city must
publish notice of a public hearing on the proposal and the notice must contain
the text of the proposed amendment. The
city council must hold the public hearing on the proposed charter amendment at
least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the
city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an
affirmative
vote of all members of the city council and is approved by the mayor and
published as in the case of other ordinances.
An ordinance amending a city charter shall not become effective until 90
days after passage and publication or at such later date as is fixed in the
ordinance. Within 60 days after passage
and publication of such an ordinance, a petition requesting a referendum on the
ordinance may be filed with the city clerk.
Such The petition shall must be signed by qualified
registered voters equal in number to two percent of the total number of
votes cast in the city at the last state general election at least five
percent of the registered voters in the city or 2,000, whichever is
less. If the city has a system of
permanent registration of voters, only registered voters are eligible to sign
the petition. If the requisite
petition is filed within the prescribed period, the ordinance shall not become
effective until it is approved by the voters as in the case of charter
amendments submitted by the charter commission, the council, or by petition of
the voters, except that the council may submit the ordinance at any general or
special election held at least 60 days after submission of the petition, or it
may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3
apply to petitions submitted under this section, to an ordinance amending a
charter, and to the filing of such ordinance when approved by the voters.
Sec.
9. Minnesota Statutes 2006, section
444.075, subdivision 3, is amended to read:
Subd.
3. Charges;
net revenues. (a) To pay for the
construction, reconstruction, repair, enlargement, improvement, or other
obtainment, the maintenance, operation and use of the facilities, and of
obtaining and complying with permits required by law, the governing body of a
municipality or county may impose just and equitable charges for the use and
for the availability of the facilities and for connections with them and make
contracts for the charges as provided in this section. The charges may be imposed with respect to
facilities made available by agreement with other municipalities, counties or
private corporations or individuals, as well as those owned and operated by the
municipality or county itself.
(b) Notwithstanding
local charter restrictions, charges made for service rendered shall be as
nearly as possible proportionate to the cost of furnishing the service.
Sec.
10. Minnesota Statutes 2006, section
508.82, subdivision 1, is amended to read:
Subdivision
1. Standard
documents. The fees to be charged
by the registrar of titles shall be and not exceed the following:
(1) of
the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
(4), (11), (13), (15), (17), and (18) for filing or memorializing shall be paid
to the state treasury pursuant to section 508.75 and credited to the general
fund;
(2)
for registering a first certificate of title, including issuing a copy of it,
$46. Pursuant to clause (1),
distribution of this fee is as follows:
(i)
$10.50 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and
(iii)
$25.50 shall be deposited in the county general fund;
(3)
for registering each instrument transferring the fee simple title for which a
new certificate of title is issued and for the registration of the new
certificate of title, including a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and
(iii)
$24 shall be deposited in the county general fund;
(4)
for the entry of each memorial on a certificate, $46. For multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of this
fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;
(iii)
$24 shall be deposited in the county general fund; and
(iv)
$20 shall be deposited in the county general fund for each multiple entry used;
(5)
for issuing each residue certificate and each additional new certificate, $40;
(6)
for exchange certificates, $20 for each certificate canceled and $20 for each
new certificate issued;
(7)
for each certificate showing condition of the register, $50;
(8)
for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;
(9)
for a noncertified copy of any certificate of title, other than the copies
issued under clauses (2) and (3), any instrument or writing on file or recorded
in the office of the registrar of titles, or any specified page or part of it,
an amount as determined by the county board for each page or fraction of a page
specified. If computer or microfilm
printers are used to reproduce the instrument or writing, a like amount per
image;
(10)
for a noncertified copy of any document submitted for recording, if the
original document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if
available, the document number assigned to the original;
(11)
for filing two copies of any plat, other than a CIC plat complying with
section 515B.2-110, paragraph (c), in the office of the registrar,
$56. Pursuant to clause (1),
distribution of this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and
(iii)
$34 shall be deposited in the county general fund;
(12)
for any other service under this chapter, such fee as the court shall
determine;
(13) for
filing an amendment to a declaration in accordance with chapter 515, $46 for
each certificate upon which the document is registered and for multiple
certificate entries, $20 thereafter; $56 for an amended floor plan filed in
accordance with chapter 515. for filing any document affecting two or
more units in a condominium governed by chapter 515, $46 for the first
certificate upon which the document is registered, and for multiple certificate
entries, $20 for each additional certificate upon which the document is
registered. For purposes of this
paragraph, an amendment to the declaration of a condominium governed by chapter
515 and a related amendment to the condominium floor plans shall be considered
a single document, and the filing fee shall be $56 for the first certificate
upon which the document is registered, and for multiple certificate entries,
$20 for each additional certificate upon which the document is registered. Pursuant to clause (1), distribution of
this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;
(iii)
$24 shall be deposited in the county general fund for amendment to a
declaration;
(iv)
$20 shall be deposited in the county general fund for each multiple entry used;
and
(v)
$34 shall be deposited in the county general fund for an amended floor plan;
(14)
for issuance of a CECT pursuant to section 508.351, $40;
(15) for
filing an amendment to a common interest community declaration, including a
supplemental declaration, and plat or amendment complying with section
515B.2-110, subsection (c), $46 for the
first certificate upon which the document is registered and for multiple
certificate entries, $20 thereafter and $56 for the filing of the condominium
or common interest community plat or amendment. See section 515B.1-116 for special requirement relating to a
common interest community. for filing a common interest community
declaration and a CIC plat complying with section 515B.2-110, paragraph (c); an
amendment to a common interest community declaration and a related amendment to
a CIC plat complying with section 515B.2-110, paragraph (c); or a supplemental
declaration and a related supplemental CIC plat complying with section
515B.2-110, paragraph (c), each of which related documents shall be considered
a single document, the filing fee shall be $56 for the first certificate upon
which the document is registered, and for multiple certificate entries, $20 for
each additional certificate upon which the document is registered. For filing any other document affecting two
or more units in a common interest community, the filing fee shall be $46 for
the first certificate upon which the document is registered, and for multiple
certificate entries, $20 for each additional certificate upon which the
document is registered. The same fees
shall apply to filing any document affecting two or more units or other parcels
subject to a master declaration. Pursuant
to clause (1), distribution of this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;
(iii)
$24 shall be deposited in the county general fund for the filing of an
amendment complying with section 515B.2-110, subsection (c);
(iv)
$20 shall be deposited in the county general fund for each multiple entry used;
and
(v)
$34 shall be deposited in the county general fund for the filing of a
condominium or CIC plat or amendment;
(16)
for a copy of a condominium floor plan filed in accordance with chapter 515, or
a copy of a common interest community plat complying with section 515B.2-110,
subsection (c), the fee shall be $1 for each page of the floor plan or common
interest community plat with a minimum fee of $10;
(17)
for the filing of a certified copy of a plat of the survey pursuant to section
508.23 or 508.671, $46. Pursuant to
clause (1), distribution of this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and
(iii)
$24 shall be deposited in the county general fund;
(18)
for filing a registered land survey in triplicate in accordance with section
508.47, subdivision 4, $56. Pursuant to
clause (1), distribution of this fee is as follows:
(i)
$12 shall be paid to the state treasury and credited to the general fund;
(ii)
$10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and
(iii)
$34 shall be deposited in the county general fund; and
(19)
for furnishing a certified copy of a registered land survey in accordance with
section 508.47, subdivision 4, $15.
Sec.
11. Minnesota Statutes 2006, section
515B.1-116, is amended to read:
515B.1-116 RECORDING.
(a) A
declaration, bylaws, any amendment to a declaration or bylaws, and any other
instrument affecting a common interest community shall be entitled to be
recorded. In those counties which have
a tract index, the county recorder shall enter the declaration in the tract
index for each unit or other tract affected.
The county recorder shall not enter the declaration in the tract index
for lands described as additional real estate, unless such lands are added to
the common interest community pursuant to section 515B.2-111. The registrar of titles shall file the
declaration in accordance with section 508.351 or 508A.351. The registrar of titles shall not file the
declaration upon certificates of title for lands described as additional real
estate, unless such lands are added to the common interest community pursuant
to section 515B.2-111.
(b)
The recording officer shall upon request promptly assign a number (CIC number)
to a common interest community to be formed or to a common interest community
resulting from the merger of two or more common interest communities.
(c)
Documents recorded pursuant to this chapter shall in the case of registered
land be filed, and references to the recording of documents shall mean filed in
the case of registered land.
(d)
Subject to any specific requirements of this chapter, if a recorded document
relating to a common interest community or a master association purports to
require a certain vote or signatures approving any restatement or amendment of
the document by a certain number or percentage of unit owners or secured
parties, and if the amendment or restatement is to be recorded, an affidavit of
the president or secretary of the association stating that the required vote or
signatures have been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations contained
therein.
(e)
If a common interest community is located on registered land, the recording fee
for any document affecting two or more units shall be $46 for the first ten
affected certificates and $10 for each additional affected certificate. This
provision shall not apply to recording fees for deeds of conveyance, with the
exception of deeds given pursuant to sections 515B.2-119 and 515B.3-112. The same fees shall apply to recording any
document affecting two or more units or other parcels of real estate subject to
a master declaration.
(f) (e) Except as permitted under
this subsection, a recording officer shall not file or record a declaration
creating a new common interest community, unless the county treasurer has
certified that the property taxes payable in the current year for the real
estate included in the proposed common interest community have been paid. This certification is in addition to the
certification for delinquent taxes required by section 272.12. In the case of preexisting common interest
communities, the recording officer shall accept, file, and record the following
instruments, without requiring a certification as to the current or delinquent
taxes on any of the units in the common interest community: (i) a declaration
subjecting the common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to section
515B.2-123; or (iii) an amendment to or restatement of the declaration, bylaws,
or CIC plat. In order for an instrument
to be accepted and recorded under the preceding sentence, the instrument must
not create or change unit or common area boundaries.
Sec.
12. Laws 2006, chapter 269, section 2,
is amended to read:
Sec.
2. DEDICATION
FEE.
The
Minneapolis Park and Recreation Board and the Minneapolis City Council may
jointly exercise the powers conferred under Minnesota Statutes, section
462.358, with respect to requiring that a reasonable portion of land be
dedicated to the public or imposing a dedication fee on new housing units and
new commercial and industrial development in the city, wherever located,
for public parks, playgrounds, recreational facilities, wetlands, trails, or
open space. The dedication of land or
dedication fee must be imposed by an ordinance jointly enacted by the park
board and the city council. The
ordinance may exclude senior housing and affordable housing from paying the fee
or the dedication of land. The
provisions of Minnesota Statutes, section 462.358, subdivisions 2b, paragraph
(b), and 2c, apply to the imposition, application, and use of the dedication of
land or the dedication fee.
EFFECTIVE DATE. This section is effective upon compliance by the Minneapolis
Park and Recreation Board and the Minneapolis City Council with Minnesota
Statutes, section 645.021."
Delete
the title and insert:
"A
bill for an act relating to local government; providing for municipal
regulation of dogs in outdoor eating areas; establishing the Business Energy
Accountability Act; modifying subordinate service district provisions;
providing for transfer of certain drainage systems; providing for interim uses
in zoning; modifying charter commission provisions; modifying title registrars'
fees; modifying Minnesota Common Interest Ownership Act; modifying Minneapolis
dedication fee provisions; amending Minnesota Statutes 2006, sections 365A.095;
394.26; 410.05, subdivision 5; 410.12, subdivision 7; 444.075, subdivision 3;
508.82, subdivision 1; 515B.1-116; Laws 2006, chapter 269, section 2; proposing
coding for new law in Minnesota Statutes, chapters 157; 216C; 383B; 394."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. Nos. 1128, 2468, 2651, 3058 and 3193 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Slawik introduced:
H. F. No. 4230, A bill for an act relating to health;
establishing a task force to study and make recommendations on violence against
mental health care workers.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
The Speaker assumed the Chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 2996, A bill for an act relating to public safety;
allowing persons facing civil commitment as sexually dangerous persons or
sexual psychopathic personalities to choose to be confined in correctional
facilities while the petition is being adjudicated; addressing the cost of care
for persons facing civil commitment; addressing access to
certain data; modifying
intensive supervised release provisions; modifying fireworks provisions;
modifying registration requirements for predatory offenders; establishing a
working group to review, assess, and make recommendations regarding the
modification and application of controlled substance laws; providing for a report;
requiring studies; amending Minnesota Statutes 2006, sections 13.851, by adding
a subdivision; 243.166, subdivisions 1a, 3a, 4; 243.167, subdivision 2; 244.05,
subdivision 6; 253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185,
subdivision 5; 299C.41, as added if enacted; 609.115, by adding a subdivision;
624.20, subdivision 1; 641.05; Minnesota Statutes 2007 Supplement, section
253B.185, subdivision 1b.
The Senate has appointed as such committee:
Senators Higgins, Moua and Ingebrigtsen.
Said House File is herewith returned to the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 3195, A bill for an act relating to environment;
establishing an intent to participate in a cap and trade program for greenhouse
gas emissions; requiring studies; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 216H.
The Senate has appointed as such committee:
Senators Anderson, Kubly and Frederickson.
Said House File is herewith returned to the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 3346, A bill for an act relating to housing;
providing assistance to prevent mortgage foreclosure; increasing the maximum
amount of financial assistance; amending Minnesota Statutes 2006, section
462A.209, subdivision 7.
The Senate has appointed as such committee:
Senators Higgins, Dahle and Koch.
Said House File is herewith returned to the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 3800, A bill for an act relating to transportation;
modifying or adding provisions relating to highways, motor vehicles, traffic
regulations, drivers' licenses and records, transit, railroads, motor carriers,
and other transportation-related programs or activities; imposing penalties;
requiring reports; making technical and clarifying corrections; amending
Minnesota Statutes 2006, sections 86B.825, subdivision 5; 123B.88, subdivision
3; 161.081, subdivision 3, as amended, by adding subdivisions; 168.011,
subdivision 7; 168.012, subdivision 1; 168.021, subdivisions 1, 2; 168.09,
subdivision 7; 168.185; 168A.03, subdivision 1; 168A.05, subdivision 9;
168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding
subdivisions; 168B.08, subdivision 1; 168B.087, subdivision 1; 169.01,
subdivisions 55, 76, by adding subdivisions; 169.18, subdivisions 1, 5, by
adding a subdivision; 169.224; 169.67, subdivision 3; 169.781, subdivisions 1,
2, 5; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 169.85,
subdivision 1; 169.86, by adding a subdivision; 169A.03, subdivision 23;
171.01, subdivisions 35, 46; 171.02, by adding a subdivision; 171.03; 171.055,
subdivisions 1, 2; 171.0701; 171.12, subdivision 6; 171.13, by adding a
subdivision; 171.165, subdivision 2; 171.321, subdivision 1; 174.02,
subdivision 2; 174.03, subdivision 1; 174.24, by adding a subdivision; 221.011,
by adding a subdivision; 221.031, subdivision 1; 221.036, subdivisions 1, 3;
221.121, subdivisions 1, 6a; 221.151, subdivision 1; 299D.03, subdivision 1;
299D.06; 473.1465, by adding a subdivision; 473.388, subdivision 2; 473.399, by
adding a subdivision; Minnesota Statutes 2007 Supplement, sections 168.017,
subdivision 3; 169.443, subdivision 9; 171.02, subdivision 2; Laws 2002,
chapter 393, section 85; Laws 2008, chapter 152, article 2, sections 1; 3,
subdivision 2; article 3, sections 6; 8; article 6, section 7; proposing coding
for new law in Minnesota Statutes, chapters 123B; 169; 171; 174; 219; repealing
Minnesota Statutes 2006, sections 168B.087, subdivision 2; 169.145; 221.121,
subdivision 4.
The Senate has appointed as such committee:
Senators Murphy, Dibble, Sieben, Jungbauer and Olseen.
Said House File is herewith returned to the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 3494, A bill for an act relating to employment;
providing up to three hours of paid leave in any 12-month period for state
employees to donate blood; authorizing employers to provide leave to employees
to donate blood; proposing coding for new law in Minnesota Statutes, chapters
43A; 181.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Pelowski moved that the House refuse to concur in the Senate
amendments to H. F. No. 3494, that the Speaker appoint a
Conference Committee of 5 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 875, A bill for an act relating to employment;
increasing and indexing the minimum wage; eliminating the training wage;
requiring notice to new employees; amending Minnesota Statutes 2006, section
177.24, subdivision 1, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Anderson, Clark and Tomassoni.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Rukavina moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 875. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 3669, A bill for an act relating to transportation;
requiring report on mitigating effects of transportation construction projects
on small businesses.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Torres Ray, Moua and Jungbauer.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madore moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 3669. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 3360, A bill for an act relating to animals;
prohibiting the possession of certain items related to animal fighting;
imposing criminal penalties; amending Minnesota Statutes 2006, section 343.31,
subdivision 1.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Foley, Moua and Ingebrigtsen.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Mullery moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 3360. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 651, A bill for an act relating to the environment;
restricting the manufacture and sale of certain polybrominated diphenyl ethers;
requiring a report; providing penalties; amending Minnesota Statutes 2007
Supplement, sections 325E.386; 325E.387, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Marty, Pappas, Carlson, Torres Ray and Fischbach.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Clark moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 5 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 651. The motion prevailed.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 2553
A bill for an act relating to state government; creating a
catastrophe survivor compensation fund; appropriating money; amending Minnesota
Statutes 2006, section 13.635, by adding a subdivision; proposing coding for
new law as Minnesota Statutes, chapter 8A.
May 5,
2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 2553 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
2553 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
3.736, subdivision 4, is amended to read:
Subd.
4. Limits. The total liability of the state and its
employees acting within the scope of their employment on any tort claim shall
not exceed:
(a)
$300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before January
August 1, 2008 2007;
(b)
$400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after January
August 1, 2008 2007, and before July 1, 2009;
(c)
$500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July
1, 2009;
(d)
$750,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 1998, and before January 1, 2000;
(e) $1,000,000 for any number of claims arising out of a
single occurrence, for claims arising on or after January 1, 2000, and before
January 1, 2008;
(f) $1,200,000 for any number of claims arising out of a
single occurrence, for claims arising on or after January 1, 2008, and before
July 1, 2009; or
(g)
$1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009.
If the amount awarded to or settled upon multiple
claimants exceeds the applicable limit under clause (d), (e), (f), or (g),
any party may apply to the district court to apportion to each claimant a
proper share of the amount available under the applicable limit under
clause (d), (e), (f), or (g).
The share apportioned to each claimant shall be in the proportion that
the ratio of the award or settlement bears to the aggregate awards and
settlements for all claims arising out of the occurrence.
The
limitation imposed by this subdivision on individual claimants includes damages
claimed for loss of services or loss of support arising out of the same tort.
EFFECTIVE DATE. This section is effective retroactively from August 1, 2007.
Sec.
2. [3.7391]
PURPOSE.
Subdivision
1. Findings;
I-35W bridge. The
legislature finds that the collapse of the Interstate Highway 35W bridge over
the Mississippi River in Minneapolis on August 1, 2007, was a catastrophe of
historic proportions. The bridge was
the third-busiest in the state, carrying over 140,000 cars per day. Its collapse killed 13 people and injured
more than 100. No other structure owned
by this state has ever fallen with such devastating physical and psychological
impact on so many.
Subd.
2. Compensation
process. The establishment
of a compensation process under sections 3.7391 to 3.7394 for survivors of the
catastrophe furthers the public interest by providing a remedy for survivors
while avoiding the uncertainty and expense of potentially complex and
protracted litigation to resolve the issue of the liability of the state, a
municipality, or their employees for damages incurred by survivors.
Subd.
3. Not
an admission of liability. These
findings are not an admission of liability of the state, a municipality, or
their employees for damages caused by the catastrophe.
Sec.
3. [3.7392]
DEFINITIONS.
Subdivision
1. Application. The definitions in this section apply to
sections 3.7391 to 3.7394.
Subd.
2. Catastrophe. "Catastrophe" means the
collapse of the I-35W bridge over the Mississippi River in Minneapolis on
August 1, 2007.
Subd.
3. Damages. "Damages" means damages that
are compensable under state tort law and damages for wrongful death that are
compensable under section 573.02. Damages do not include punitive damages or
attorney fees or other fees incurred by a survivor in making a claim under this
section or other law.
Subd.
4. Emergency
relief fund. "Emergency
relief fund" means the I-35W bridge emergency relief fund created by the
state on November 30, 2007.
Subd.
5. Municipality. "Municipality" has the meaning
given in section 466.01.
Subd.
6. Panel. "Panel" means the special
master panel created under section 3.7393.
Subd.
7. State. "State" has the meaning given
in section 3.732.
Subd.
8. Survivor. "Survivor" means a natural
person who was present on the I-35W bridge at the time of the collapse. Survivor also includes:
(1)
the parent or legal guardian of a survivor who is under 18 years of age;
(2)
a legally appointed representative of a survivor; or
(3)
the surviving spouse or next of kin of a deceased survivor who would be
entitled to bring an action under section 573.02.
Sec.
4. [3.7393]
CONSIDERATION AND PAYMENT OF CLAIMS.
Subdivision
1. Special
master panel. The chief
justice of the Supreme Court shall establish a special master panel to consider
claims, make offers of settlement, and enter into settlement agreements with
survivors on behalf of the state. The
panel must be established by June 30, 2008.
The panel must consist of three attorneys. Members of the panel must have experience in legal issues
involving the settlement of tort claims and the determination of damages. The chief justice shall designate a member
of the panel to serve as chair of the panel.
The chief justice shall determine the pay and expenses to be received by
the panel.
Subd.
2. Staff. Within the limits of available
appropriations, the state court administrator, in consultation with the panel,
shall hire employees or retain consultants necessary to assist the panel in
performing its duties under this section.
Employees are in the unclassified state civil service. The panel may also use consultants who are
under a contract with the state or current state employees to assist the panel
in processing claims under this section.
Subd.
3. Records. Records of the panel related to a claim
filed by a survivor, an offer of settlement, or an acceptance or rejection of
an offer are not accessible to the public except for:
(1)
the name of the survivor; and
(2)
the terms of any written settlement agreement between the survivor and the
state.
Subd.
4. Procedure. Consistent with sections 3.7391 to
3.7394, the panel may adopt and modify procedures, rules, and forms for
considering claims, making offers of settlement, entering into settlement agreements,
and considering requests for and making supplemental payments. The panel must allow each survivor to appear
in person before the panel or one of its members.
Subd.
5. Payment
of panel expenses. The state
court administrator shall forward documentation of salaries, expenses, and
administrative costs under this section to the commissioner of finance for
payment of those amounts.
Subd.
6. Immunity. Members of the panel and employees and
consultants acting under the direction of the panel are absolutely immune from
civil liability for any act or omission occurring within the scope of the
performance of their duties under this section.
Subd.
7. General
duties. The panel shall
consider claims, make offers of settlement, and enter into settlement
agreements with survivors as provided in this section. The panel must not consider negligence or
any other theory of liability. The
panel shall make offers of settlement and supplemental payments under this
section with the assumption that no future appropriation will be available for
these purposes and shall include a notice of this provision when making
settlement offers.
Subd.
8. Effect
and finality of offers and settlement agreements. (a) An offer of settlement made to a
survivor under this section is considered for all purposes to be an offer to
the survivor to settle a legal claim.
(b)
A determination by the panel regarding an offer of settlement or settlement
agreement or a supplemental payment is final and not subject to judicial
review.
(c)
The amount of damages incurred by a survivor calculated by the panel pursuant
to subdivision 10 may not be used in a subsequent court proceeding in evidence
or otherwise to determine any rights, duties, or responsibilities of the state
or any other party.
Subd.
9. Deadlines. In order to be eligible to receive an
offer of settlement or enter into a settlement agreement under this section or
to receive a supplemental payment under subdivision 12, a survivor must file a
claim with the panel by October 15, 2008.
Any offer of settlement must be made by February 28, 2009. A survivor must accept or reject the offer
of settlement within 45 days after receiving the offer. Failure to accept an offer within 45 days is
a rejection. A survivor who is eligible
to receive a supplemental payment under subdivision 12 may choose to wait until
the survivor's supplemental payment is calculated before accepting or rejecting
an offer of settlement, provided that a survivor may not accept an offer of
settlement later than 45 days after receiving notice of the proposed
supplemental payment award. The
decision to accept or reject an offer is irrevocable. The panel must notify a survivor of the deadlines for response to
an offer of settlement as provided in this subdivision.
Subd.
10. Calculation
of amount. The panel shall
determine the total damages incurred by a survivor. The amount of an offer of settlement under this section must be
calculated based on the total damages, less:
(1)
payments made to the survivor up to the date the settlement offer is made from
the collateral sources referred to in section 548.36, subdivision 1;
(2)
any payment made to the survivor from the emergency relief fund; and
(3)
any payments made or required to be made to the survivor by a third-party
tortfeasor under the terms of a settlement or other agreement with the survivor
that exists at the time the offer is made or a final judgment in favor of the
survivor concerning claims of the survivor that relate to, involve, or arise
out of the catastrophe.
Subd.
11. Offers
of settlement; limit on amount.
(a) The amount of an offer of settlement or payment required by a
settlement agreement must not exceed $400,000.
This limitation does not apply to a supplemental payment made under
subdivision 12. An offer of settlement
must be accompanied by a notice to the survivor of the remainder of the amount
calculated under subdivision 10 that is not included in the offer because of
the limitation under this paragraph and the amount of the remainder for which a
supplemental payment may be awarded.
(b)
Notwithstanding section 3.736, subdivision 4, clause (e), or section 466.04,
subdivision 1, paragraph (a), clause (5), the $1,000,000 limitation on state or
municipal liability for claims arising out of a single occurrence otherwise
applicable to the catastrophe does not apply to payments made to survivors
under this section. The amount that may
be paid by the state is limited by the appropriations for this purpose.
Subd.
12. Supplemental
payments. (a) For purposes
of this subdivision, "uncompensated medical expenses" means:
(1)
medical expenses less payments made to a survivor from collateral sources
referred to in section 548.36, subdivision 1, that provide payments for medical
expenses; and
(2)
the present value of premiums, deductibles, and coinsurance payments for
high-risk health plan coverage offered by the Minnesota Comprehensive Health
Association or by another similar health plan.
(b)
A survivor is eligible for a supplemental payment if the offer of settlement
calculation for the survivor, as provided in subdivision 10, exceeds
$400,000. The supplemental payment must
be calculated based solely on that portion of the uncompensated medical
expenses, loss of income, future earning capacity, or other financial support
for which compensation was not received under the offer of settlement or
settlement agreement under subdivision 11.
A supplemental payment may only be made to a survivor who has accepted
an offer of settlement, entered into a
settlement
agreement, and executed a release under subdivision 13. Consistent with the requirements of this
section, the panel shall establish necessary procedures and timelines for the
award of supplemental payments. A
supplemental payment may be made only for the following purposes, in the
following order of priority:
(1)
to pay uncompensated medical expenses in excess of those paid from the first
$400,000; and
(2)
to pay for loss of income, future earning capacity, or other financial support
not included in the first $400,000.
No
payment may be made to a survivor for loss of income under clause (2) unless
and until all survivors have been fully paid for all medical expenses for which
they are eligible under clause (1).
(c)
If the available appropriation is insufficient to make full awards to all
survivors eligible for a supplemental payment, the panel may award the payments
based on a uniform percentage of the amount that is less than the full amount
eligible for a supplemental payment or take other steps the panel considers
necessary to ensure that the available appropriation is equitably distributed
among all survivors who have requested and qualify for a supplemental payment,
subject to the order of priority under this subdivision.
Subd.
13. Release. A survivor who accepts an offer of
settlement from the panel must agree in writing and in a form developed by the
panel, with the approval of the attorney general, to release the state and
every municipality of this state and their employees from liability, including
claims for damages, arising from the catastrophe and to cooperate with the
state in pursuing claims the state may have against any other party. The release must also provide that the
survivor will indemnify the state, a municipality, and their employees from any
claim of contribution or indemnity, or both, made by other persons against the
state, a municipality, and their employees and that the survivor will satisfy
any judgment obtained by the survivor in an action against other persons to the
extent of the release, if the claim or judgment relates in any way to a claim
of the survivor arising from the catastrophe.
The release must provide for the subrogation interest of the state under
section 3.7394, subdivision 5. A
survivor who previously has commenced an administrative, court, or other action
against the state or a municipality of the state or their employees seeking
recovery from loss resulting from the catastrophe must agree to dismiss or
otherwise withdraw the action before receiving compensation under this section.
Subd.
14. Payment. The panel shall promptly forward to the
commissioner of finance documentation of each settlement agreement that has
been entered into under this section.
Except as provided in section 3.7394, subdivision 4, paragraph (b), the
commissioner of finance shall pay the agreed amount within 45 days after
receiving the documentation and in the order in which the documentation from
the panel was received.
Subd.
15. Election
to proceed in district court. (a)
A survivor may elect not to file a claim with the panel or not to accept an
offer of settlement from the panel. A
survivor who elects not to file a claim with the panel or not to accept an
offer of settlement has not waived any legal rights that may be asserted
against the state or a municipality or their employees and may proceed with a
claim in district court.
(b)
If a survivor elects not to accept an offer of settlement, the state or a
municipality or their employees may not use any data provided by the survivor
to the panel in a subsequent legal proceeding.
The state or a municipality or their employees may obtain information,
including data provided to the panel, through discovery or other legal
processes.
Sec.
5. [3.7394]
EFFECT OF SPECIAL COMPENSATION PROCESS; RELATIONSHIP TO OTHER LAW.
Subdivision
1. No
state liability or duty created.
The establishment of the special compensation process under section
3.7393 and the emergency relief fund, and an offer of settlement or a
settlement agreement, is not an admission of liability by the state or a
municipality or their employees and does not establish a duty of the state, a
municipality,
or their employees to compensate survivors.
The creation and funding of the compensation process under sections 3.7391
to 3.7394 or an offer of settlement or settlement agreement is not admissible
in a judicial or administrative proceeding to establish liability or a legal
duty.
Subd.
2. Payments
as additional compensation. Payments
made under section 3.7393 or from the emergency relief fund are intended to
supplement and be in addition to any payments required to be made by a third
party under law or contract.
Subd.
3. Payments
from other sources. Notwithstanding
any statutory or common law or agreement to the contrary, a person required to
make payments, including future payments, to a survivor may not eliminate or
reduce those payments as a result of compensation paid to the survivor under
section 3.7393 or from the emergency relief fund or as a result of the
survivor's release of claims against the state, a municipality, or their
employees under section 3.7393. The
obligation of any person other than the state to make payments to a survivor is
primary as compared to any payment made or to be made under section 3.7393 or
from the emergency relief fund. The
persons referenced in and covered by this subdivision and subdivision 4
include, without limitation:
(1)
reparation obligors, as defined in section 65B.43, subdivision 9, whether they
are insurers or self-insurers;
(2)
health plan companies, as defined in section 62Q.01, subdivision 4, including
the Minnesota Comprehensive Health Association created under section 62E.10;
(3)
insurance companies, as defined in section 60A.02, subdivision 4;
(4)
self-insured pools of political subdivisions organized under section 471.617 or
471.981, including service cooperatives pools organized under section 123A.21;
(5)
risk retention groups, as defined in section 60E.02, subdivision 12;
(6)
joint self-insurance plans governed by chapter 60F;
(7)
workers' compensation insurers and private self-insurers, as defined in section
79.01;
(8)
the Minnesota Life and Health Insurance Guaranty Association governed by
chapter 61B;
(9)
the Minnesota Insurance Guaranty Association governed by chapter 60C;
(10)
the Minnesota Joint Underwriting Association governed by chapter 62I;
(11)
all insurers providing credit life, credit accident and health, and credit
involuntary unemployment insurance under chapter 62B, but also including those
coverages written in connection with real estate mortgage loans and those
provided to borrowers at no additional cost;
(12)
the Minnesota unemployment insurance program provided under chapter 268;
(13)
coverage offered by the state under medical assistance, general assistance
medical care, and MinnesotaCare; and
(14)
any other plan providing health, life, disability income, or long-term care
coverage.
Subd.
4. No
third-party subrogation or recovery.
(a) Notwithstanding any statutory or common law or agreement to the
contrary, a person who has paid benefits or compensation to or on behalf of a
survivor does not have a subrogation or other right to recover those benefits
or compensation by making a claim, or recovering from payments made, under section
3.7393 or from the emergency relief fund.
(b)
Following a settlement agreement under section 3.7393, a person who believes
that the state cannot constitutionally prohibit assertion of a subrogation
claim and who is claiming a subrogation interest against the amount to be paid
by the state has 40 days after the settlement agreement was entered into to
provide notice to the state and the survivor of the person's intent to assert
that interest, during which time the commissioner of finance must not make the
payment. The subrogation claim is
waived if the notice is not provided by the deadline. If no notice is received by the deadline, the commissioner of
finance shall make the payment. If a
notice of claim is received, the commissioner shall withhold the payment until
the subrogee abandons or waives the subrogation claim.
Subd.
5. Reimbursement
of state; right of subrogation.
(a) Notwithstanding any statutory or common law to the contrary, the
state is entitled to recover from any third party, including an agent,
contractor, or vendor retained by the state, any payments made from the
emergency relief fund or under section 3.7393 to the extent the third party
caused or contributed to the catastrophe.
The state is entitled to be reimbursed regardless of whether the
survivor is fully compensated.
(b)
Notwithstanding any statutory or common law to the contrary, the state is
subrogated to all potential claims against third-party tortfeasors of a
survivor receiving payment from the emergency relief fund or under section
3.7393 to the extent the claims relate to, involve, or arise out of the
catastrophe. The subrogation right of
the state under this subdivision is limited to the amount paid to the survivor
from the emergency relief fund and under section 3.7393. The rights of the state under this
subdivision are in addition to other remedies, claims, and rights relating to
the catastrophe that the state may have against other persons for the recovery
of monetary or other relief.
(c)
A survivor must notify the state if the survivor has been fully compensated by
third parties for damages caused by the catastrophe. A survivor is fully compensated if payments made or required to
be made to the survivor by a third-party tortfeasor under the terms of a
settlement agreement or other agreement with the survivor or a final judgment
in favor of the survivor concerning claims that relate to, involve, or arise
out of the catastrophe are equal to or greater than the total damages incurred
by the survivor as determined by the panel under section 3.7393, subdivision
10. The state is entitled to be
reimbursed by a survivor only to the extent that these payments are greater
than the total damages incurred by the survivor.
Subd.
6. Amounts
not considered for purposes of limit on government tort liability. Payments made to survivors under section
3.7393 or from the emergency relief fund are not to be considered in
calculating the $1,000,000 limit on tort claims in civil actions against the
state arising out of the catastrophe for purposes of section 3.736, subdivision 4, clause (e), or a municipality
arising out of the catastrophe for purposes of section 466.04, subdivision 1,
clause (5).
Sec.
6. APPROPRIATIONS.
Subdivision
1. Compensation
to survivors. $24,000,000 is
appropriated from the general fund to the commissioner of finance to make
payments under settlement agreements entered into by the panel under Minnesota
Statutes, section 3.7393, subdivision 11.
This appropriation is available until June 30, 2010.
Subd.
2. Supplemental
payments. $12,640,000 is
appropriated from the general fund to the commissioner of finance to make
supplemental payments under Minnesota Statutes, section 3.7393, subdivision
12. This appropriation is available
until June 30, 2010.
Subd.
3. Administrative
expenses. $750,000 is
appropriated from the general fund to the commissioner of finance to pay
salaries, expenses, and administrative costs associated with making offers of
settlement and entering into settlement agreements under Minnesota Statutes,
section 3.7393. This appropriation is
available until June 30, 2009.
Subd.
4. Waite
House. $610,000 is
appropriated from the general fund to the commissioner of finance for a grant
to Pillsbury United Communities in Minneapolis, to allow Waite House in
Minneapolis to provide services to youth and families of youth who were on a
school bus on the I-35W bridge when the bridge collapsed. Services paid for with this appropriation
must not be services that could have been funded by settlement payments made to
survivors. The commissioner must pay
the first half of the grant by June 30, 2008, and pay the second half of the
grant on June 30, 2009. Pillsbury
United Communities must report to the chairs of the senate Finance and house
Ways and Means Committees by June 30, 2009, and June 30, 2010, on expenditure
of money under this subdivision. The
appropriation is available until June 30, 2010.
Subd.
5. Report. The commissioner of finance must report
to the legislature by January 15 in each of 2009, 2010, and 2011, on
expenditure of the appropriations in this section. The report must list the amount of compensation paid to each
survivor and must list administrative expenses incurred by the special master
panel.
Sec.
7. EFFECTIVE
DATE.
This
act is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to transportation; providing an alternative
compensation and settlement process for survivors of the I-35W catastrophe;
appropriating money; amending Minnesota Statutes 2006, section 3.736,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter
3."
We request the adoption of this report and repassage of the
bill.
House Conferees: Ryan Winkler, Phyllis Kahn, Loren Solberg,
Steve Simon and Chris DeLaForest.
Senate Conferees: Ron Latz, David W. Hann, Linda Scheid, Don
Betzold and Mee Moua.
Winkler moved that the report of the Conference Committee on
H. F. No. 2553 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
H. F. No. 2553, A bill for an act relating to state government;
creating a catastrophe survivor compensation fund; appropriating money;
amending Minnesota Statutes 2006, section 13.635, by adding a subdivision;
proposing coding for new law as Minnesota Statutes, chapter 8A.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 127 yeas
and 5 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
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
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
Those who
voted in the negative were:
Buesgens
Emmer
Hackbarth
Holberg
Olson
The bill was repassed, as amended by Conference, and its title
agreed to.
MESSAGES FROM THE SENATE, Continued
The following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 3222, A bill for an act relating to human services;
amending health care services provisions; making changes to general assistance
medical care, medical assistance, and MinnesotaCare; modifying claims, liens,
and treatment of assets; establishing a statewide information exchange;
amending Minnesota Statutes 2006, sections 245.462, subdivision 18; 245.470,
subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.056,
subdivisions 2, 4a, 11, by adding a subdivision; 256B.057, subdivision 1;
256B.0571, subdivisions 8, 9, 15, by adding a subdivision; 256B.058; 256B.059,
subdivisions 1, 1a; 256B.0594; 256B.0595, subdivisions 1, 2, 3, 4, by adding
subdivisions; 256B.0624, subdivisions 5, 8; 256B.0625, subdivision 13g;
256B.075, subdivision 2;
256B.0943, subdivision 1;
256B.15, subdivision 4; 256B.69, subdivisions 6, 27, 28; 256J.08, subdivision
73a; 524.3-803; Minnesota Statutes 2007 Supplement, sections 256.01,
subdivision 2b; 256B.055, subdivision 14; 256B.0623, subdivision 5; 256B.0625,
subdivision 49; 256D.03, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 256B.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Huntley moved that the House refuse to concur in the Senate
amendments to H. F. No. 3222, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 651:
Clark, Laine, Thissen, Madore and Abeler.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 875:
Rukavina, Slocum and Howes.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 3222:
Huntley; Murphy, E., and Erhardt.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 3494:
Pelowski, Kahn, Poppe, Morgan and Peterson, N.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 3669:
Madore, Tschumper and Heidgerken.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Monday, May 5, 2008:
H. F. No. 3539; S. F. Nos. 2533
and 3096; and H. F. Nos. 3969 and 2291.
CALENDAR FOR THE DAY
H. F. No. 3969, A bill for an act relating to state government;
authorizing the secretary of state to transfer funds; amending Laws 2007,
chapter 148, article 1, section 7.
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 132 yeas and 0
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
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
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.
H. F. No. 2291 was reported to the House.
Erickson moved to amend H.
F. No. 2291, the first engrossment, as follows:
Page 1, line 20, delete
"or other"
Page 1, line 21, delete
"determination"
Page 1, line 22, reinstate
the stricken language and delete the new language
Page 1, delete lines 23 to
24
Page 2, delete lines 1 to 24
Page 2, line 25, delete the
new language
A roll call was requested and properly seconded.
The question was taken on the Erickson amendment 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
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Norton
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Peterson, S.
Ruth
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
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Howes
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
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Ruud
Sailer
Scalze
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.
Erickson moved to amend H.
F. No. 2291, the first engrossment, as follows:
Page 1, delete section 1
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 Erickson amendment 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
Bunn
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Norton
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
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
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
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
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Erickson moved to amend H.
F. No. 2291, the first engrossment, as follows:
Page 2, delete subdivision
1a
A roll call was requested and properly seconded.
The question was taken on the Erickson amendment and the roll
was called. There were 55 yeas and 75
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Benson
Berns
Bigham
Brod
Bunn
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kohls
Lanning
Liebling
Magnus
McFarlane
McNamara
Morgan
Nornes
Norton
Olson
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Peterson, S.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Welti
Westrom
Wollschlager
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Bly
Brown
Brynaert
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paymar
Peterson, A.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Erickson moved to amend H.
F. No. 2291, the first engrossment, as follows:
Page 3, lines 1 and 3,
delete "2008-2009," and delete the second comma
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.
H. F. No. 2291, A bill for an act relating to education;
modifying provisions governing appeals of graduation test scores; amending
Minnesota Statutes 2006, section 120B.36, as amended.
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 86 yeas and 46
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
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
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kohls
Lanning
Magnus
McNamara
Nornes
Norton
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Peterson, S.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Zellers
The bill was passed and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of H. F. No. 3149.
H. F. No. 3149 was reported to the House.
The Speaker called Juhnke to the Chair.
Lenczewski moved to amend H.
F. No. 3149, the second engrossment, as follows:
Page 3, delete lines 21 to
26 and insert:
"(1) for property
taxes payable in 2009, 100 percent; and
(2) for property taxes
payable in 2010 and thereafter, 60 percent."
Page 8, line 28, delete
"and elimination of"
Page 10, line 9, delete
"phaseout" and insert "limitation"
Page 10, line 18, delete
"phaseout" and insert "limitation"
Page 10, line 29, delete
"phaseout" and insert "limitation"
Page 12, after line 11,
insert:
"Sec. 10. TAXPAYER
ASSISTANCE SERVICES; HOMESTEAD CREDIT STATE REFUND.
(a) $100,000 in fiscal year
2009 is appropriated from the general fund to the commissioner of revenue to
make grants to one or more nonprofit organizations, qualifying under section
501(c)(3) of the Internal Revenue Code of 1986, to coordinate, facilitate,
encourage, and aid in the provision of taxpayer assistance services. The commissioner must award grants under
this section so as to increase the availability of taxpayer assistance services
after April 15th, to assist homeowners in filing claims for the homestead
credit state refund, and to increase participation in the program. This appropriation is one-time and is not
added to the agency's base budget.
(b) "Taxpayer
assistance services" means accounting and tax preparation services
provided by volunteers to low-income and disadvantaged Minnesota residents to
help them file federal and state income tax returns, Minnesota renter property
tax refund claims, and Minnesota homestead credit state refund claims, and may
include provision of personal representation before the Department of Revenue
and Internal Revenue Service."
Page 29, line 34, delete
"biotechnology and medical"
Page 29, line 35, delete
"devices" and insert "a qualified biotechnology or
medical device field"
Page 32, line 11, delete
"four" and insert "3.75" and delete "two"
and insert "1.88"
Page 66, delete section 9
and insert:
"Sec. 9. Minnesota Statutes 2006, section 273.11,
subdivision 14a, is amended to read:
Subd. 14a. Vacant
land platted on or after August 1, 2001; located in metropolitan counties. (a) Except as provided in subdivision
14c, all land platted on or after August 1, 2001, located in a metropolitan
county, and not improved with a permanent structure, shall be assessed as provided
in this subdivision. The assessor shall
determine the market value of each individual lot based upon the highest and
best use of the property as unplatted land.
In establishing the market value of the property, the assessor shall
consider the sale price of the unplatted land or comparable sales of unplatted
land of similar use and similar availability of public utilities.
(b) The market value
determined in paragraph (a) shall be increased as follows for each of the three
assessment years immediately following the final approval of the plat:
one-third of the difference between the property's unplatted market value as
determined under paragraph (a) and the market value based upon the highest and
best use of the land as platted property shall be added in each of the three
subsequent assessment years.
(c) Any increase in market
value after the first assessment year following the plat's final approval shall
be added to the property's market value in the next assessment year. Notwithstanding paragraph (b), if
construction begins before the expiration of the three years in paragraph (b),
that lot shall be eligible for revaluation in the next assessment year. The market value of a platted lot determined
under this subdivision shall not exceed the value of that lot based upon the
highest and best use of the property as platted land.
(d) For purposes of this
section, "metropolitan county" means the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 10. Minnesota Statutes 2006, section 273.11, is
amended by adding a subdivision to read:
Subd. 14c. Certain vacant land
platted on or after August 1, 2001; located in metropolitan county. (a) All land platted on or after August
1, 2001, located in a metropolitan county and not improved with a structure
shall be eligible for the phase-in assessment schedule under this subdivision,
provided the property (i) is classified homestead under section 273.13,
subdivision 22 or 23, in the assessment year prior to the year the initial
platting begins on the property; (ii) has been owned or part-owned by the same
person for the ten consecutive years prior to the initial platting; and (iii)
remains under the same ownership in the current assessment year.
(b) Based upon the
assessor's records, the assessor shall obtain the estimated market value of
each individual lot based upon the highest and best use of the property as
unplatted land for the assessment year that the property was platted. In establishing the market value of the
property, the assessor shall have considered the sale price of the unplatted
land or comparable sales of unplatted land of similar use and similar
availability of public utilities.
(c) To the market value
determined in paragraph (b) shall be added one-seventh of the difference
between the property's unplatted market value as determined under paragraph (b)
and the market value based upon the highest and best use of the land as platted
property in the current year, multiplied by the number of assessment years
since the property was platted, in each of the subsequent assessment years.
(d) Notwithstanding
paragraph (c), if the property is sold or transferred, or construction begins
before the expiration of the phase-in in paragraph (c), that lot shall be
eligible for revaluation in the next assessment year. The market value of a platted lot determined under this
subdivision shall not exceed the value of that lot based upon the highest and
best use of the property as platted land.
(e) Any owner of eligible
property platted before July 1, 2008, must file an application with the
assessor in order to receive the phase-in under this subdivision for the
remainder of the seven-year period. The
application must be filed before July 1 in order for the property to be
eligible for the current year's assessment.
The commissioner shall prescribe a uniform application form and
instructions.
(f) For purposes of this
section, "metropolitan county" means the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter."
Page 112, after line 30,
insert:
"Sec. 44. Minnesota Statutes 2006, section 275.70, is
amended by adding a subdivision to read:
Subd. 6. Levy aid base. "Levy aid base" for a local
governmental unit for a levy year means its total levy spread on net tax
capacity, minus any amounts that would qualify as a special levy under section
275.70, and plus the sum of (1) the total amount of aids and reimbursements
that the local governmental unit certified to receive under sections 477A.011
to 477A.014 in the same year, (2) taconite aids under sections 298.28 and
298.282 in the same year, including any
aid which was required to be placed in a special fund for expenditure in the
next succeeding year, and (3) payments to the local governmental unit under
section 272.029 in the same year, adjusted for any error in estimation in the
preceding year.
EFFECTIVE DATE. This section is effective for levies certified in calendar
year 2009, payable in calendar year 2010, and thereafter.
Sec. 45. Minnesota Statutes 2006, section 275.71, is
amended to read:
275.71 LEVY LIMITS.
Subdivision 1. Limit
on levies. Notwithstanding any
other provision of law or municipal charter to the contrary which authorize ad
valorem taxes in excess of the limits established by sections 275.70 to 275.74,
the provisions of this section apply to local governmental units for all
purposes other than those for which special levies and special assessments are
made. The limits under these
sections only apply as follows:
(1) to all counties in a
levy year following a year in which the sum of their levy aid bases grew by a
percent greater than the product of the (i) the percentage increase in the
number of households in the state and (ii) the greater of three percent or the
percentage growth in the implicit price deflator; and
(2) to all cities with a
population of 2,500 or more, in a levy year following a year in which the sum
of their levy aid bases grew by a percent greater than the product of the (i)
the percentage increase in the sum of number of households in these cities, and
(ii) the greater of three percent or the percentage growth in the implicit
price deflator.
Subd. 2. Levy
limit base. (a) The levy
limit base for a local governmental unit for taxes levied in 2003 any
year in which levy limits apply 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.
(b) If no adjusted levy
limit base was calculated for the previous year, the levy limit base for a
local governmental unit is equal to its levy aid base from the previous year.
Subd. 3. Adjustments for state
takeovers. (a) The levy
limit base for each local unit of government shall be adjusted to reflect the
assumption by the state of financing for certain government functions as
indicated in this subdivision.
(b) For a county in a
judicial district for which financing has not been transferred to the state by
January 1, 2001, the levy limit base for 2001 is permanently reduced by the
amount of the county's 2001 budget for court administration costs, as certified
under section 273.1398, subdivision 4b, paragraph (b), net of the county's share
of transferred fines and fees collected by the district courts in the county
for the same budget period.
(c) For a governmental unit
which levied a tax in 2000 under section 473.388, subdivision 7, the levy limit
base for 2001 is permanently reduced by an amount equal to the sum of the
governmental unit's taxes payable 2001 nondebt transit services levy plus the
portion of its 2001 homestead and agricultural credit aid under section
273.1398, subdivision 2, attributable to nondebt transit services.
(d) For counties in a
judicial district in which the state assumed financing of mandated services
costs as defined in section 480.181, subdivision 4, on July 1, 2001, the levy
limit base for taxes levied in 2001 is permanently reduced by an amount equal
to one-half of the aid reduction under section 273.1398, subdivision 4a,
paragraph (g).
Subd. 4. Adjusted
levy limit base. (a) For taxes
levied in 2003 any year in which levy limits apply, the adjusted
levy limit base is equal to the levy limit base computed under subdivisions
subdivision 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 a percentage
equal to 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 a percentage
equal to 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 273.13, subdivision 4, except for state-assessed utility and railroad
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.
Subd. 5. Property
tax levy limit. For taxes levied in
2003 years in which the levy limit applies, 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.
Subd. 6. Levies
in excess of levy limits. If the
levy made by a city or county exceeds the levy limit provided in sections
275.70 to 275.74, except when the excess levy is due to the rounding of the
rate in accordance with section 275.28, the county auditor shall only extend
the amount of taxes permitted under sections 275.70 to 275.74, as provided for
in section 275.16.
EFFECTIVE DATE. This section is effective for levies certified in calendar
year 2009, payable in 2010, and thereafter."
Page 138, line 1, delete
"subdivisions 14 and 14a are" and insert "subdivision
14, is"
Page 201, line 23, strike
"prescription" and insert "legend"
Page 201, line 26, strike
"prescription" and insert "legend"
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 Lenczewski 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
Benson
Berns
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
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
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
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
Those who voted in the negative were:
Beard
Brod
Dean
Demmer
Erhardt
Finstad
Hamilton
Howes
Lanning
Peterson, N.
Scalze
The motion prevailed and the amendment was adopted.
Simpson moved to amend H. F.
No. 3149, the second engrossment, as amended, as follows:
Page 48, delete section 12
Page 60, delete lines 22 to
27
Page 60, after line 27,
insert:
"ARTICLE 5
JOBZ REQUIREMENTS
Section 1. Minnesota Statutes 2006, section 116J.03, is
amended by adding a subdivision to read:
Subd. 4. Targeted rural
opportunity community. "Targeted
rural opportunity community" means a city or township in a county that
either lost population from 1980 to 2000 according to the decennial census or
had an unemployment rate higher than the Minnesota state annual average in 2006
according to local area unemployment statistics published by the Department of
Employment and Economic Development.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2006, section 469.310,
subdivision 11, is amended to read:
Subd. 11. Qualified
business. (a) A person carrying on
a trade or business at a place of business located within a job opportunity
building zone is a qualified business for the purposes of sections 469.310 to
469.320 according to the criteria in paragraphs (b) to (f) (h).
(b) A person is a qualified
business only on those parcels of land for which the person has entered into a
business subsidy agreement, as required under section sections
469.3102 and 469.313, with the appropriate local government unit in which
the parcels are located.
(c) Prior to execution of
the business subsidy agreement, the local government unit must consider the
following factors:
(1) how wages compare to the
regional industry average;
(2) the number of jobs that
will be provided relative to overall employment in the community;
(3) the economic outlook for
the industry the business will engage in;
(4) sales that will be
generated from outside the state of Minnesota;
(5) how the business will
build on existing regional strengths or diversify the regional economy;
(6) how the business will
increase capital investment in the zone; and
(7) any other criteria the
commissioner deems necessary.
(c) A business must achieve
the goals listed in the business subsidy agreement within two years of the
benefit date, or the business must repay the benefits listed in section
469.315. The commissioner of employment
and economic development may extend the period for meeting any goals listed in
a business subsidy agreement for up to one year if the commissioner has reason
to believe the business will achieve the goals within the additional year.
(d) A person that begins or
expands a trade or business is not a qualified business unless the business
meets the requirements of paragraph (b) and increases full-time employment by a
minimum of ten jobs within the first two years from the date the business
subsidy agreement is signed, unless the business is located in a targeted rural
opportunity community, in which case the business must increase full-time
employment by a minimum of five jobs from the date the business subsidy
agreement is signed.
(d) (e) A person that
relocates a trade or business from outside a job opportunity building zone into
a zone is not a qualified business unless the business meets all of the
requirements of paragraphs paragraph (b) and (c) and:
(1) increases full-time
employment in the first full year of operation within the job opportunity
building zone within the first two years from the date the business subsidy
agreement is signed by a minimum of
five jobs or 20 percent, whichever is greater, measured relative to the
operations that were relocated and maintains the required level of employment
for each year the zone designation applies; and
(2) enters a binding
written agreement with the commissioner business subsidy agreement
that:
(i) pledges the business
will meet the requirements of clause (1);
(ii) provides for repayment
of all tax benefits enumerated under section 469.315 to the business under the
procedures in section 469.319, if the requirements of clause (1) are not met
for the taxable year or for taxes payable during the year in which the
requirements were not met; and
(iii) contains any other
terms the commissioner determines appropriate.
(e) (f) The commissioner may waive
the requirements under paragraph (d), clause (1) or (e), if the
commissioner determines that the qualified business will substantially
achieve the factors under this subdivision waiver is necessary to retain
an existing business from moving out of Minnesota.
(f) (g) A business is not a
qualified business if, at its location or locations in the zone, the business
is primarily engaged in making retail sales to purchasers who are physically
present at the business's zone location.
(g) (h) A qualifying business must
pay each employee compensation, including benefits not mandated by law, that on
an annualized basis is equal to at least 110 percent of the federal poverty
level for a family of four.
(h) (i) A public utility, as defined
in section 336B.01, is not a qualified business.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. [469.3101]
STATE REVIEW CRITERIA.
(a) The commissioner may
only approve a business subsidy agreement if the commissioner determines that
the expected net benefits of the proposed project to the state and local
economy exceed the expected tax benefits received by the business. In making this determination, the
commissioner must consider the following factors:
(1) local or Minnesota
competitors of the business that will be significantly and adversely affected
by the business subsidy agreement;
(2) other financial
assistance that is available;
(3) the business would not
have expanded or began operations in Minnesota without the expected tax
benefits;
(4) the business would not
have relocated from outside the state to Minnesota without the expected tax
benefits;
(5) the business would have
moved to another state or expanded in another state rather than remaining or expanding
in Minnesota without the expected tax benefits; and
(6) any other factors that
the commissioner determines are appropriate.
(b) The local government
unit and the qualified business must provide the commissioner with the
information that the commissioner needs to review a business subsidy agreement
under paragraph (a). The information
must be in the form and manner required by the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. [469.3102]
BUSINESS SUBSIDY AGREEMENTS; REPORTS.
Subdivision 1. JOBZ business subsidy
agreement. A business
subsidy agreement required under section 469.310, subdivision 11, paragraph
(b), must comply with this section.
Subd. 2. Business subsidy
agreement requirements. A
business subsidy agreement is not effective until the commissioner has approved
the agreement in writing. The
commissioner may not approve an agreement that violates sections 116J.993 to
116J.995 or 469.310 to 469.3201. The
commissioner may not approve an agreement unless:
(1) the qualified business
is required to create or retain a minimum number of jobs;
(2) the agreement defines
"jobs" for purposes of determining compliance with wage and job goals
as all jobs and only those jobs that constitute "employment" for
purposes of state unemployment insurance;
(3) the qualified business
is required to report all jobs created or retained because of JOBZ as a
separate business location for purposes of section 268.044; and
(4) the qualified business agrees
to provide the appropriate data practices release so that the commissioner of
revenue and the commissioner of employment and economic development can monitor
compliance with the terms of the agreement.
Subd. 3. Standard agreement. The commissioner must develop and require
the use of a standard business subsidy agreement that imposes definitive and
enforceable obligations on the qualified business.
Subd. 4. Business subsidy
reports. (a) A local
government unit must annually report to the commissioner on the progress of the
qualified business in meeting the goals listed in the business subsidy
agreement. The report must be filed
with the commissioner within 30 days of the end of the immediately preceding yearly
period for which job creation, job retention, or investment obligations are
imposed on a business and must be in a form prescribed by the
commissioner. The commissioner must
schedule department compliance reviews and reporting dates under business subsidy
agreements so that reports are due throughout the year and compliance reviews
are done on a continuous basis as reports are filed.
(b) The commissioner must
hold a qualified business out of compliance or remove the business from the
program if the qualified business fails to provide the information requested by
the local government unit for the report under paragraph (a) within 30 days of
written notice that the information is overdue. This report is in lieu of the reports required under section 116J.994,
subdivisions 7 and 8.
Subd. 5. Public notice and
hearing. A local government
unit must provide public notice and hearing as required under section 116J.994,
subdivision 5, before approving a business subsidy agreement. Public notice of a proposed business subsidy
agreement must be published in a local newspaper of general circulation. The public hearing must be held in a
location specified by the local government unit. Notwithstanding the requirements of section 116J.994, subdivision
5, the commissioner is not required to provide an additional public notice and
hearing when entering into a business subsidy agreement with a local government
unit and a qualified business.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2006, section 469.312,
subdivision 5, is amended to read:
Subd. 5. Duration
limit. (a) The maximum duration of
a zone is 12 years. The applicant may
request a shorter duration. The
commissioner may specify a shorter duration, regardless of the requested duration.
(b) The duration limit under
this subdivision and the duration of the zone for purposes of allowance of tax
incentives described in section 469.315 is extended by three calendar years for
each parcel of property that meets the following requirements:
(1) the qualified business
operates an ethanol plant, as defined in section 41A.09, on the site that
includes the parcel; and
(2) the business subsidy
agreement was executed after April 30, 2006.
(c)(1) Notwithstanding the
12-year zone limitation, all qualified businesses that sign a business subsidy
agreement, as required under sections 469.310, subdivision 11, and 469.313,
before December 31, 2015, are entitled to claim the tax benefits for which they
qualify under section 469.315 for the year in which the business subsidy
agreement is signed and ten additional years.
(2) Notwithstanding the
12-year zone limitation, all qualified businesses that sign a business subsidy
agreement, as required under sections 469.310, subdivision 11, and 469.313,
before December 31, 2015, and are located in a targeted rural opportunity
community, as defined under section 116J.03, subdivision 4, are entitled to
claim the tax benefits for which they qualify under section 469.315 for the
year in which the business subsidy agreement is signed and 12 additional years.
(3) This paragraph does not
apply to:
(i) any acreage designated
as a job opportunity building zone for which any person has fully executed a
business subsidy agreement before this paragraph became effective; or
(ii) any trade or business
that relocated as defined in section 469.310, subdivision 12, and received
benefits under section 469.315 prior to the relocation.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 60, delete section 1
Page 92, delete section 25
Page 146, delete section 9
Page 147, delete sections 10
and 11
Page 148, delete sections 12
and 13
Page 150, delete section 14
Page 151, delete section 15
Page 160, delete sections 9,
10, and 11
Page 161, delete sections 12
and 13
Page 162, delete sections 14
and 15
Page 163, delete sections 16
and 17
Page 164, delete section 18
Renumber the articles and
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 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
Berns
Bly
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Howes
Juhnke
Kalin
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Otremba
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Kahn
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
Olson
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
The motion did not prevail and the amendment was not adopted.
Brown, Demmer, Poppe,
Greiling, Morrow and Heidgerken moved to amend H. F. No. 3149, the second
engrossment, as amended, as follows:
Page 226, after line 28,
insert:
"Sec. 4. Minnesota Statutes 2006, section 272.029,
subdivision 6, is amended to read:
Subd. 6. Distribution
of revenues. (a) Revenues
from the taxes imposed under subdivision 5 must be part of the settlement
between the county treasurer and the county auditor under section 276.09. The revenue must be distributed by the
county auditor or the county treasurer to local taxing jurisdictions in which
the wind energy conversion system is located as follows: beginning with
distributions in 2006, 80 percent to counties; 14 percent to cities and townships;
and six percent to school districts; and for distributions occurring in 2004
and 2005 in the same proportion that each of the local taxing jurisdiction's
current year's net tax capacity based tax rate is to the current year's total
local net tax capacity based rate.
(b) For distributions for
2009 through 2013 only, the amounts paid to school districts under paragraph
(a) are not subject to the county apportionment deduction required under
section 126C.21, subdivision 3."
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.
Ozment moved to amend H. F.
No. 3149, the second engrossment, as amended, as follows:
Page 69, line 18, after
"estate" insert "located in a county that is not a
metropolitan county as defined in section 473.121, subdivision 4, "
Page 70, after line 9,
insert:
"Real estate located
in a metropolitan county as defined in section 473.121, subdivision 4,
consisting of ten acres or more or a nursery or greenhouse, and qualifying for
classification as class 1b, 2a, or 2b under section 273.13, shall be entitled
to valuation and tax deferment under this section if it is primarily devoted to
agricultural use, and:
(1) is the homestead of the
owner, or of a surviving spouse, child, or sibling of the owner or is real
estate which is farmed with the real estate which contains the homestead
property; or
(2) has been in possession
of the applicant, the applicant's spouse, parent, or sibling, or any
combination thereof, for a period of at least seven years prior to application
for benefits under the provisions of this section, or is real estate which is
farmed with the real estate which qualifies under this clause and is within
four townships or cities or combination thereof from the qualifying real
estate; or
(3) is the homestead of an individual who is part of an entity in
compliance with section 500.24; or
(4) is in the possession of
a nursery or greenhouse or an entity owned by a proprietor, partnership, or
corporation which also owns the nursery or greenhouse operations on the parcel
or parcels, provided that only the acres used to produce nursery stock qualify
for treatment under this section."
Page 70, line 10, reinstate
the stricken language
The motion prevailed and the amendment was adopted.
CALL
OF THE HOUSE
On the motion of Simpson and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
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
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
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
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
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.
Simpson, Cornish, Magnus,
Urdahl, Shimanski, Lanning, Erickson, Finstad, Drazkowski, Gunther and Hamilton
moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:
Page 48, delete section 12
Page 60, delete lines 22 to
27
Page 60, after line 27,
insert:
"ARTICLE 5
JOBZ REQUIREMENTS
Section 1. Minnesota Statutes 2006, section 116J.03, is
amended by adding a subdivision to read:
Subd. 4. Targeted rural
opportunity community. "Targeted
rural opportunity community" means a city or township in a county that
either lost population from 1980 to 2000 according to the decennial census or
had an unemployment rate higher than the Minnesota state annual average in 2006
according to local area unemployment statistics published by the Department of
Employment and Economic Development.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2006, section 469.310,
subdivision 11, is amended to read:
Subd. 11. Qualified
business. (a) A person carrying on
a trade or business at a place of business located within a job opportunity
building zone is a qualified business for the purposes of sections 469.310 to
469.320 according to the criteria in paragraphs (b) to (f) (h).
(b) A person is a qualified
business only on those parcels of land for which the person has entered into a
business subsidy agreement, as required under section sections
469.3102 and 469.313, with the appropriate local government unit in which
the parcels are located.
(c) Prior to execution of
the business subsidy agreement, the local government unit must consider the
following factors:
(1) how wages compare to the
regional industry average;
(2) the number of jobs that
will be provided relative to overall employment in the community;
(3) the economic outlook for
the industry the business will engage in;
(4) sales that will be
generated from outside the state of Minnesota;
(5) how the business will
build on existing regional strengths or diversify the regional economy;
(6) how the business will
increase capital investment in the zone; and
(7) any other criteria the
commissioner deems necessary.
(c) A business must achieve
the goals listed in the business subsidy agreement within two years of the
benefit date, or the business must repay the benefits listed in section
469.315. The commissioner of employment
and economic development may extend the period for meeting any goals listed in
a business subsidy agreement for up to one year if the commissioner has reason
to believe the business will achieve the goals within the additional year.
(d) A person that begins or
expands a trade or business is not a qualified business unless the business
meets the requirements of paragraph (b) and increases full-time employment by a
minimum of ten jobs within the first two years from the date the business
subsidy agreement is signed, unless the business is located in a targeted rural
opportunity community, in which case the business must increase full-time
employment by a minimum of five jobs from the date the business subsidy
agreement is signed.
(d) (e) A person that
relocates a trade or business from outside a job opportunity building zone into
a zone is not a qualified business unless the business meets all of the
requirements of paragraphs paragraph (b) and (c) and:
(1) increases full-time
employment in the first full year of operation within the job opportunity
building zone within the first two years from the date the business
subsidy agreement is signed by a
minimum of five jobs or 20 percent, whichever is greater, measured relative to
the operations that were relocated and maintains the required level of
employment for each year the zone designation applies; and
(2) enters a binding
written agreement with the commissioner business subsidy agreement
that:
(i) pledges the business
will meet the requirements of clause (1);
(ii) provides for repayment
of all tax benefits enumerated under section 469.315 to the business under the
procedures in section 469.319, if the requirements of clause (1) are not met
for the taxable year or for taxes payable during the year in which the
requirements were not met; and
(iii) contains any other
terms the commissioner determines appropriate.
(e) (f) The commissioner may waive
the requirements under paragraph (d), clause (1) or (e), if the
commissioner determines that the qualified business will substantially achieve
the factors under this subdivision waiver is necessary to retain an
existing business from moving out of Minnesota.
(f) (g) A business is not a
qualified business if, at its location or locations in the zone, the business
is primarily engaged in making retail sales to purchasers who are physically
present at the business's zone location.
(g) (h) A qualifying business must
pay each employee compensation, including benefits not mandated by law, that on
an annualized basis is equal to at least 110 percent of the federal poverty
level for a family of four.
(h) (i) A public utility, as
defined in section 336B.01, is not a qualified business.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. [469.3101]
STATE REVIEW CRITERIA.
(a) The commissioner may
only approve a business subsidy agreement if the commissioner determines that
the expected net benefits of the proposed project to the state and local
economy exceed the expected tax benefits received by the business. In making this determination, the
commissioner must consider the following factors:
(1) local or Minnesota
competitors of the business that will be significantly and adversely affected
by the business subsidy agreement;
(2) other financial
assistance that is available;
(3) the business would not
have expanded or began operations in Minnesota without the expected tax
benefits;
(4) the business would not
have relocated from outside the state to Minnesota without the expected tax
benefits;
(5) the business would have
moved to another state or expanded in another state rather than remaining or
expanding in Minnesota without the expected tax benefits; and
(6) any other factors that
the commissioner determines are appropriate.
(b) The local government
unit and the qualified business must provide the commissioner with the
information that the commissioner needs to review a business subsidy agreement
under paragraph (a). The information
must be in the form and manner required by the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. [469.3102]
BUSINESS SUBSIDY AGREEMENTS; REPORTS.
Subdivision 1. JOBZ business subsidy
agreement. A business
subsidy agreement required under section 469.310, subdivision 11, paragraph
(b), must comply with this section.
Subd. 2. Business subsidy
agreement requirements. A
business subsidy agreement is not effective until the commissioner has approved
the agreement in writing. The
commissioner may not approve an agreement that violates sections 116J.993 to
116J.995 or 469.310 to 469.3201. The
commissioner may not approve an agreement unless:
(1) the qualified business
is required to create or retain a minimum number of jobs;
(2) the agreement defines
"jobs" for purposes of determining compliance with wage and job goals
as all jobs and only those jobs that constitute "employment" for
purposes of state unemployment insurance;
(3) the qualified business
is required to report all jobs created or retained because of JOBZ as a separate
business location for purposes of section 268.044; and
(4) the qualified business
agrees to provide the appropriate data practices release so that the
commissioner of revenue and the commissioner of employment and economic
development can monitor compliance with the terms of the agreement.
Subd. 3. Standard agreement. The commissioner must develop and require
the use of a standard business subsidy agreement that imposes definitive and
enforceable obligations on the qualified business.
Subd. 4. Business subsidy
reports. (a) A local
government unit must annually report to the commissioner on the progress of the
qualified business in meeting the goals listed in the business subsidy
agreement. The report must be filed
with the commissioner within 30 days of the end of the immediately preceding
yearly period for which job creation, job retention, or investment obligations
are imposed on a business and must be in a form prescribed by the
commissioner. The commissioner must
schedule department compliance reviews and reporting dates under business
subsidy agreements so that reports are due throughout the year and compliance
reviews are done on a continuous basis as reports are filed.
(b) The commissioner must
hold a qualified business out of compliance or remove the business from the
program if the qualified business fails to provide the information requested by
the local government unit for the report under paragraph (a) within 30 days of
written notice that the information is overdue. This report is in lieu of the reports required under section
116J.994, subdivisions 7 and 8.
Subd. 5. Public notice and
hearing. A local government
unit must provide public notice and hearing as required under section 116J.994,
subdivision 5, before approving a business subsidy agreement. Public notice of a proposed business subsidy
agreement must be published in a local newspaper of general circulation. The public hearing must be held in a location
specified by the local government unit.
Notwithstanding the requirements of section 116J.994, subdivision 5, the
commissioner is not required to provide an additional public notice and hearing
when entering into a business subsidy agreement with a local government unit
and a qualified business.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2006, section 469.312,
subdivision 5, is amended to read:
Subd. 5. Duration
limit. (a) The maximum duration of
a zone is 12 years. The applicant may
request a shorter duration. The
commissioner may specify a shorter duration, regardless of the requested
duration.
(b) The duration limit under
this subdivision and the duration of the zone for purposes of allowance of tax
incentives described in section 469.315 is extended by three calendar years for
each parcel of property that meets the following requirements:
(1) the qualified business
operates an ethanol plant, as defined in section 41A.09, on the site that
includes the parcel; and
(2) the business subsidy
agreement was executed after April 30, 2006.
(c)(1) Notwithstanding the
12-year zone limitation, all qualified businesses that sign a business subsidy
agreement, as required under sections 469.310, subdivision 11, and 469.313,
before December 31, 2015, are entitled to claim the tax benefits for which they
qualify under section 469.315 for the year in which the business subsidy
agreement is signed and ten additional years.
(2) Notwithstanding the
12-year zone limitation, all qualified businesses that sign a business subsidy
agreement, as required under sections 469.310, subdivision 11, and 469.313,
before December 31, 2015, and are located in a targeted rural opportunity
community, as defined under section 116J.03, subdivision 4, are entitled to
claim the tax benefits for which they qualify under section 469.315 for the
year in which the business subsidy agreement is signed and 12 additional years.
(3) This paragraph does not
apply to:
(i) any acreage designated
as a job opportunity building zone for which any person has fully executed a
business subsidy agreement before this paragraph became effective; or
(ii) any trade or business
that relocated as defined in section 469.310, subdivision 12, and received
benefits under section 469.315 prior to the relocation.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the articles and
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 Simpson et al amendment and the
roll was called. There were 63 yeas and
69 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Beard
Berns
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Juhnke
Kalin
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Moe
Nornes
Otremba
Ozment
Paulsen
Peppin
Peterson, A.
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hortman
Huntley
Jaros
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Olson
Paymar
Pelowski
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
CALL
OF THE HOUSE LIFTED
Carlson moved that the call of the House be lifted. The motion prevailed and it was so ordered.
Norton moved to amend H. F.
No. 3149, the second engrossment, as amended, as follows:
Pages 143 and 144, delete
section 7
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.
Garofalo, Dean, Dettmer,
McNamara, Holberg, Abeler, Kohls, DeLaForest, Emmer, Peppin, Smith, Hackbarth
and Buesgens moved to amend H. F. No. 3149, the second engrossment, as amended,
as follows:
Page 129, delete section 65
Page 138, delete line 3
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Garofalo et al 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.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McNamara
Nornes
Norton
Olson
Ozment
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
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
The motion did not prevail and the amendment was not adopted.
Demmer, Cornish and Brod
moved to amend H. F. No. 3149, the second engrossment, as amended, as follows:
Page 60, after line 29,
insert:
"Section 1. 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 2010 and
thereafter.
Sec. 2. 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 2010 and
thereafter.
Sec. 3. 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 2010 and
thereafter."
Page 87, line 19, after the
period, insert "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."
A roll call was requested and properly seconded.
The question was taken on the Demmer et al amendment and the
roll was called. There were 63 yeas and
69 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Bly
Brod
Brown
Cornish
Dean
DeLaForest
Demmer
Dettmer
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gottwalt
Gunther
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Juhnke
Kalin
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Morrow
Nornes
Olson
Otremba
Ozment
Pelowski
Peterson, A.
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Brynaert
Buesgens
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Emmer
Gardner
Garofalo
Greiling
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Hortman
Huntley
Jaros
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paulsen
Paymar
Peppin
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Walker
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson moved to amend H. F.
No. 3149, the second engrossment, as amended, as follows:
Page 29, after line 9,
insert:
"Sec. 7. Minnesota Statutes 2006, section 290.06,
subdivision 2c, as amended by Laws 2008, chapter 154, article 4, section 6, 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
4.85 percent;
(2) On all over $25,680, but
not over $102,030, 7.05 6.55 percent;
(3) On all over $102,030, 7.85
7.35 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
4.85 percent;
(2) On all over $17,570, but
not over $57,710, 7.05 6.55 percent;
(3) On all over $57,710, 7.85
7.35 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
4.85 percent;
(2) On all over $21,630, but
not over $86,910, 7.05 6.55 percent;
(3) On all over $86,910, 7.85
7.35 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), (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), (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.
EFFECTIVE DATE. This section is effective for taxable years beginning after
December 31, 2009."
Page 37, after line 29,
insert:
"Sec. 15. BUDGET
REDUCTION; FY 2010-2011.
In preparing the budget for
and the forecast of general fund expenditures for the fiscal year 2010-2011
biennium, the commissioner of finance must reduce all base appropriations by
the percentage necessary to offset the revenue loss estimated to result from
the general income tax rate reduction provided in this article.
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 Olson amendment and the roll was
called. There were 47 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
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Magnus
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
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
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
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
The motion did not prevail and the amendment was not adopted.
Tingelstad was excused for the remainder of today's session.
Holberg moved to amend H. F.
No. 3149, the second engrossment, as amended, as follows:
Page 129, after line 23,
insert:
"Sec. 65. Minnesota Statutes 2006, section 473.446,
subdivision 1, is amended to read:
Subdivision 1. Metropolitan
area transit tax. (a) For the
purposes of sections 473.405 to 473.449 and the metropolitan transit system,
except as otherwise provided in this subdivision, the council shall levy
each year upon all taxable property within the metropolitan area, defined in
section 473.121, subdivision 2 certify to the administrative auditor
under section 473F.08, subdivision 3c, a transit tax consisting of:
(1) an amount necessary to
provide full and timely payment of certificates of indebtedness, bonds,
including refunding bonds or other obligations issued or to be issued under
section 473.39 by the council for purposes of acquisition and betterment of
property and other improvements of a capital nature and to which the council
has specifically pledged tax levies under this clause; and
(2) an additional amount necessary
to provide full and timely payment of certificates of indebtedness issued by
the council, after consultation with the commissioner of finance, if revenues
to the metropolitan area transit fund in the fiscal year in which the
indebtedness is issued increase over those revenues in the previous fiscal year
by a percentage less than the percentage increase for the same period in the
revised Consumer Price Index for all urban consumers for the St.
Paul-Minneapolis metropolitan area prepared by the United States Department of
Labor.
(b) Indebtedness to which
property taxes have been pledged under paragraph (a), clause (2), that is
incurred in any fiscal year may not exceed the amount necessary to make up the
difference between (1) the amount that the council received or expects to
receive in that fiscal year from the metropolitan area transit fund and (2) the
amount the council received from that fund in the previous fiscal year
multiplied by the percentage increase for the same period in the revised Consumer
Price Index for all urban consumers for the St. Paul-Minneapolis metropolitan
area prepared by the United States Department of Labor.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter."
Page 129, line 25, strike
"taxing" in both places
Page 131, after line 10,
insert:
"Sec. 67. Minnesota Statutes 2006, section 473F.07,
subdivision 4, is amended to read:
Subd. 4. Distribution
net tax capacity. The
administrative auditor shall determine the proportion which the index of each
municipality bears to the sum of the indices of all municipalities and shall
then multiply this proportion in the case of each municipality, by the areawide
net tax capacity. Prior to the
determination of each municipality's distribution net tax capacity under this
subdivision, the administrative auditor must subtract an amount equal to (i)
the transit tax certified under section 473F.08, subdivision 3c, divided by
(ii) the areawide tax rate for the previous year, from the areawide net tax capacity
determined under subdivision 1.
EFFECTIVE DATE. This section is effective for taxes payable in 2009 and
thereafter.
Sec. 68. Minnesota Statutes 2006, section 473F.08, is
amended by adding a subdivision to read:
Subd. 3c. Transit tax. The metropolitan council shall annually
certify the amount determined under section 474.446, subdivision 1, to the
Ramsey County auditor. The amount
certified shall be an addition to the Metropolitan Council's areawide levy
under subdivision 5.
EFFECTIVE DATE. This section is effective for taxes 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 Holberg amendment and the roll
was called. There were 24 yeas and 106
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Buesgens
Cornish
Dean
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Magnus
Olson
Peppin
Seifert
Severson
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
DeLaForest
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Olson and Jaros moved to
amend H. F. No. 3149, the second engrossment, as amended, as follows:
Page 137, after line 32,
insert:
"Sec. 75. CONSTITUTIONAL
AMENDMENT PROPOSED.
An amendment to the
Minnesota Constitution is proposed to the people. If the amendment is adopted, article X, section 1, will read:
Section 1. The power of taxation shall never be
surrendered, suspended or contracted away.
Taxes shall be uniform upon the same class of subjects and shall be
levied and collected for public purposes, but public burying grounds, public
school houses, public hospitals, academies, colleges, universities, all
seminaries of learning, all churches, church property, houses of worship,
institutions of purely public charity, and public property used exclusively for
any public purpose, shall be exempt from taxation except as provided in this
section. There may be exempted from
taxation personal property not exceeding in value $200 for each household,
individual or head of a family, and household goods and farm machinery as the
legislature determines. The legislature may authorize municipal
corporations to levy and collect assessments for local improvements upon
property benefited thereby without regard to cash valuation. The legislature by law may define or limit
the property exempt under this section other than churches, houses of worship,
and property solely used for educational purposes by academies, colleges,
universities and seminaries of learning.
a section shall be added to
article X to read:
Sec. 9. After December 31, 2012, the legislature may not impose an ad
valorem tax on real or personal property nor may it authorize any political
subdivision of the state to impose such a tax.
This section does not apply to an ad valorem tax on real or personal
property imposed by the state or a political subdivision of the state to pay
certificates of indebtedness, principal, and interest on bonds or other
obligations issued before November 4, 2008, for which ad valorem property taxes
have been pledged for payment.
article XI, section 4, will
read:
Sec. 4. The state may contract public debts for
which its full faith, credit and taxing powers may be pledged at the times and
in the manner authorized by law, but only for the purposes and subject to the
conditions stated in section 5. Public
debt includes any obligation payable directly in whole or in part from a tax of
state wide application on any class of property, income, transaction or
privilege, but does not include any obligation which is payable from revenues
other than taxes.
article XI, section 6, will
read:
Sec. 6. As authorized by law certificates of
indebtedness may be issued during a biennium, commencing on July 1 in each
odd-numbered year and ending on and including June 30 in the next odd-numbered
year, in anticipation of the collection of taxes levied for and other revenues
appropriated to any fund of the state for expenditure during that biennium.
No certificates shall be
issued in an amount which with interest thereon to maturity, added to the then
outstanding certificates against a fund and interest thereon to maturity, will
exceed the then unexpended balance of all money which will be credited to that
fund during the biennium under existing laws.
The maturities of certificates may be extended by refunding to a date
not later than December l of the first full calendar year following the
biennium in which the certificates were issued. If money on hand in any fund is not sufficient to pay all
non-refunding certificates of indebtedness issued on a fund during any biennium
and all certificates refunding the same, plus interest thereon, which are
outstanding on December 1 immediately following the close of the biennium, the
state auditor shall levy upon all taxable property in the state a tax
collectible impose an additional rate on taxable sales and uses made in
the ensuing year sufficient to pay the same on or before December 1 of the
ensuing year with interest to the date or dates of payment.
article XI, section 7, will
read:
Sec. 7. Public debt other than certificates of
indebtedness authorized in section 6 shall be evidenced by the issuance of
bonds of the state. All bonds issued
under the provisions of this section
shall mature not more than 20 years from their respective dates of issue and
each law authorizing the issuance of bonds shall distinctly specify the
purposes thereof and the maximum amount of the proceeds authorized to be
expended for each purpose. A separate
and special state bond fund shall be maintained on the official books and
records. When the full faith and credit
of the state has been pledged for the payment of bonds, the state auditor shall
levy impose each year on all taxable property within the state
a state sales and use tax sufficient with the balance then on hand in
the fund to pay all principal and interest on bonds issued under this section
due and to become due within the ensuing year and to and including July 1 in
the second ensuing year. The
legislature by law may appropriate funds from any source to the state bond
fund. The amount of money actually
received and on hand pursuant to appropriations prior to the levy of the tax in
any year shall be used to reduce the amount of tax otherwise required to be
levied.
Sec. 76. SUBMISSION
TO VOTERS.
The proposed amendment must
be submitted to the people at the 2008 general election. The question submitted shall be:
"Shall the Minnesota
Constitution be amended to prohibit the state or a political subdivision of the
state from imposing an ad valorem tax on real or personal property, after
December 31, 2012, except for a tax imposed to pay bonds or obligations issued
before November 4, 2008?
Yes
.......
No
.......""
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 Jaros amendment and the
roll was called. There were 17 yeas and
113 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Dean
DeLaForest
Drazkowski
Emmer
Erickson
Hackbarth
Heidgerken
Hoppe
Kohls
Olson
Severson
Shimanski
Wardlow
Zellers
Those who
voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
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
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Simon
Simpson
Slawik
Slocum
Smith
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.
Olson, Hackbarth and
Heidgerken moved to amend H. F. No. 3149, the second engrossment, as amended,
as follows:
Page 137, after line 32
insert:
"Sec. 75. CONSTITUTIONAL
AMENDMENT PROPOSED.
An amendment to the
Minnesota Constitution is proposed to the people. If the amendment is adopted, a section shall be added to article
X, to read:
Sec. 9. After December 31, 2009, ad valorem taxes imposed by the state
and its political subdivisions for any calendar year not exceed 30 percent of
state tax revenues for the previous fiscal year.
Sec. 76. SUBMISSION
TO VOTERS.
The proposed amendment must
be submitted to the people at the 2008 general election. The question submitted must be:
"Shall the Minnesota
Constitution be amended to prohibit the levying of property taxes in excess of
30 percent of state tax receipts?
Yes .......
No
.......""
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 et al amendment and the
roll was called. There were 19 yeas and
112 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Emmer
Erickson
Garofalo
Gunther
Hackbarth
Heidgerken
Hoppe
Kohls
Olson
Peppin
Severson
Shimanski
Those who
voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
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
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Severson, Wardlow, Dettmer
and Brod moved to amend H. F. No. 3149, the second engrossment, as amended, as
follows:
Page 25, after line 26,
insert:
"Section 1. Minnesota Statutes 2006, section 270A.03,
subdivision 7, is amended to read:
Subd. 7. Refund. "Refund" means an individual
income tax refund or political contribution refund, pursuant to chapter
290, or a property tax credit or refund, pursuant to chapter 290A, or a
sustainable forest tax payment to a claimant under chapter 290C.
For purposes of this
chapter, lottery prizes, as set forth in section 349A.08, subdivision 8, and
amounts granted to persons by the legislature on the recommendation of the
joint senate-house of representatives Subcommittee on Claims shall be treated as
refunds.
In the case of a joint
property tax refund payable to spouses under chapter 290A, the refund shall be
considered as belonging to each spouse in the proportion of the total refund
that equals each spouse's proportion of the total income determined under
section 290A.03, subdivision 3. In the
case of a joint income tax refund under chapter
289A, the refund shall be
considered as belonging to each spouse in the proportion of the total refund
that equals each spouse's proportion of the total taxable income determined
under section 290.01, subdivision 29.
The commissioner shall remit the entire refund to the claimant agency,
which shall, upon the request of the spouse who does not owe the debt,
determine the amount of the refund belonging to that spouse and refund the
amount to that spouse. For court fines,
fees, and surcharges and court-ordered restitution under section 611A.04,
subdivision 2, the notice provided by the commissioner of revenue under section
270A.07, subdivision 2, paragraph (b), serves as the appropriate legal notice
to the spouse who does not owe the debt.
EFFECTIVE DATE. This section is effective for political contribution refund
claims based on contributions that are made after June 30, 2008."
Page 28, after line 3
insert:
"Sec. 6. Minnesota Statutes 2006, section 289A.50,
subdivision 1, is amended to read:
Subdivision 1. General
right to refund. (a) Subject to the
requirements of this section and section 289A.40, a taxpayer who has paid a tax
in excess of the taxes lawfully due and who files a written claim for refund
will be refunded or credited the overpayment of the tax determined by the
commissioner to be erroneously paid.
(b) The claim must specify
the name of the taxpayer, the date when and the period for which the tax was
paid, the kind of tax paid, the amount of the tax that the taxpayer claims was
erroneously paid, the grounds on which a refund is claimed, and other
information relative to the payment and in the form required by the
commissioner. An income tax, estate
tax, or corporate franchise tax return, or amended return claiming an
overpayment constitutes a claim for refund.
(c) When, in the course of
an examination, and within the time for requesting a refund, the commissioner
determines that there has been an overpayment of tax, the commissioner shall
refund or credit the overpayment to the taxpayer and no demand is
necessary. If the overpayment exceeds
$1, the amount of the overpayment must be refunded to the taxpayer. If the amount of the overpayment is less
than $1, the commissioner is not required to refund. In these situations, the commissioner does not have to make
written findings or serve notice by mail to the taxpayer.
(d) If the amount allowable
as a credit for withholding, estimated taxes, or dependent care exceeds the tax
against which the credit is allowable, the amount of the excess is considered
an overpayment. The refund allowed
by section 290.06, subdivision 23, is also considered an overpayment. The requirements of section 270C.33 do
not apply to the refunding of such an overpayment shown on the original return
filed by a taxpayer.
(e) If the entertainment tax
withheld at the source exceeds by $1 or more the taxes, penalties, and interest
reported in the return of the entertainment entity or imposed by section
290.9201, the excess must be refunded to the entertainment entity. If the excess is less than $1, the
commissioner need not refund that amount.
(f) If the surety deposit
required for a construction contract exceeds the liability of the out-of-state
contractor, the commissioner shall refund the difference to the contractor.
(g) An action of the
commissioner in refunding the amount of the overpayment does not constitute a
determination of the correctness of the return of the taxpayer.
(h) There is appropriated
from the general fund to the commissioner of revenue the amount necessary to
pay refunds allowed under this section.
EFFECTIVE DATE. This section is effective for political contribution refund
claims based on contributions made after June 30, 2008.
Sec. 7. Minnesota Statutes 2006, section 290.01,
subdivision 6, is amended to read:
Subd. 6. Taxpayer. The term "taxpayer" means any
person or corporation subject to a tax imposed by this chapter. For purposes of section 290.06,
subdivision 23, the term "taxpayer" means an individual eligible to
vote in Minnesota under section 201.014.
EFFECTIVE DATE. This section is effective for political contribution refund
claims based on contributions made after June 30, 2008.
Sec. 8. Minnesota Statutes 2007 Supplement, section
290.01, subdivision 19b, as amended by Laws 2008, chapter 154, article 3,
section 3, and Laws 2008, chapter 154, article 11, section 11, is amended to
read: