Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6707
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SEVENTIETH DAY
Saint Paul, Minnesota, Wednesday, May 16, 2007
The House of Representatives convened at 9:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Pastor Larry Gedde, Abiding Savior
Lutheran Church, Mounds View, 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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Severson was excused until 7:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Anderson, B., moved that further reading of the Journal be suspended- and
that the Journal be approved as corrected by the Chief Clerk. The motion
prevailed.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6708
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 Speaker pro
tempore Thissen.
Scalze was excused between the hours of 12:45 p.m. and 10:20
p.m.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF
STATE
ST. PAUL 55155
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P. Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2007 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 2007 |
Date Filed 2007 |
1705 66 4:53
p.m. May 14 May
14
2030 67 4:58
p.m. May 14 May
14
1902 68 5:04
p.m. May 14 May
14
322 69 5:05
p.m. May 14 May
14
1509 70 5:07
p.m. May 14 May
14
744 72 5:09
p.m. May 14 May
14
2161 73 5:11
p.m. May 14 May
14
988 74 5:14
p.m. May 14 May
14
1557 76 5:16
p.m. May 14 May
14
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6709
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Gunther; Kelliher; Dill; Heidgerken; Finstad; Magnus; Moe;
Hamilton; Sertich; Cornish; Juhnke; McNamara; Mahoney; Lanning; Jaros;
McFarlane; Rukavina; Eastlund; Hansen; Anderson, B.; Thissen; Wardlow; Atkins;
Shimanski; Peterson, A.; Beard; Thao; Severson; Anzelc; DeLaForest; Hilstrom;
Ozment; Koenen; Huntley and Hornstein introduced:
H. F. No. 2490, A bill for an act relating to state government;
providing that the Compensation Council establishes salaries for legislators,
judges, and constitutional officers; amending Minnesota Statutes 2006, section
15A.082.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Koenen, Tingelstad, Otremba, Juhnke, Severson, Haws, Hosch,
Wardlow, Dettmer, Wollschlager, Doty, Slawik, Dominguez, Bigham and Olson
introduced:
H. F. No. 2491, A bill for an act relating to powers of
attorney; creating an alternative statutory short form for military members who
are in active service; amending Minnesota Statutes 2006, sections 523.02;
523.131; 523.16; 523.20; 523.21; 523.23, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 523.
The bill was read for the first time and referred to the
Committee on Agriculture, Rural Economies and Veterans Affairs.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 1048, A bill for an act relating to state government; changing the state
Indian Affairs Council; amending Minnesota Statutes 2006, section 3.922.
The
Senate respectfully requests that a Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators
Lourey, Torres Ray and Dille.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen Pacheco, Second Assistant Secretary of the Senate
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6710
Hilty 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. 1048. 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. 1302, A bill for
an act relating to metropolitan government; modifying provisions governing
metropolitan livable communities fund; authorizing the creation of a nonprofit
organization; authorizing the use of funds to establish the foundation;
requiring a report; authorizing a transfer of funds between metropolitan
livable communities fund accounts; authorizing a onetime transfer from the
livable communities demonstration account for local planning assistance grants
and loans.
The Senate respectfully
requests that a Conference Committee be appointed thereon. The Senate has
appointed as such committee:
Senators Pappas, Rest and
Robling.
Said Senate File is herewith
transmitted to the House with the request that the House appoint a like
committee.
Colleen
Pacheco, Second
Assistant Secretary of the Senate
Hilstrom 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. 1302. 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. 1724, A bill for
an act relating to human services; making changes to licensing provisions;
modifying data practices, program administration, disaster plans, education
programs, conditional license provisions, suspensions, sanctions, and contested
case hearings, child care center training, family child care training
requirements, vulnerable adults, maltreatment of minors, background studies,
disqualifications, reconsiderations, disqualification set-asides, fair
hearings, appeals, changing definitions of neglect and physical abuse; amending
Minnesota Statutes 2006, sections 13.46, subdivisions 2, 4; 245A.03,
subdivision 2; 245A.04, subdivision 11, by adding subdivisions; 245A.06,
subdivision 4; 245A.07, subdivisions 2a, 3, by adding a subdivision; 245A.08,
subdivision 2a; 245A.10, subdivision 2; 245A.14, subdivision 8; 245A.144;
245A.1445; 245A.145, subdivision 1; 245A.18, subdivision 2; 245A.65,
subdivision 1, by adding a subdivision; 245C.02, by adding a subdivision;
245C.05, subdivision 3; 245C.07; 245C.08; 245C.09, subdivision 1; 245C.11, by
adding a subdivision; 245C.13, subdivision 2; 245C.14, subdivision 1; 245C.15,
subdivisions 1, 2, 3, 4; 245C.16, subdivision 1; 245C.17, subdivisions 2, 3;
245C.21, subdivisions 2, 3; 245C.22, subdivisions 4, 5; 245C.24, subdivision 3;
245C.27, subdivision 1; 245C.28, subdivision 1; 245C.301; 256B.0919, by adding
a subdivision; 256B.092, by adding a subdivision; 270B.14, subdivision 1;
626.556, subdivisions 2, 10e, 10i; 626.557, subdivisions 9c, 9d; 626.5572,
subdivision 17; proposing coding for new law in Minnesota Statutes, chapter
245A; repealing Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions
7, 9, 9a, 12, 13; 245C.06; Minnesota Rules, parts 9502.0385; 9503.0035.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6711
The
Senate respectfully requests that a Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators
Prettner Solon, Higgins and Fischbach.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen Pacheco, Second Assistant Secretary of the Senate
Lesch 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. 1724. 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. 2226, A bill for an act relating to state government; clarifying private cemeteries;
amending Minnesota Statutes 2006, section 307.08.
The
Senate respectfully requests that a Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators
Vickerman, Wiger and Koering.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen Pacheco, Second Assistant Secretary of the Senate
Hilty 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. 2226. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 118.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is
herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6712
CONFERENCE
COMMITTEE REPORT ON S. F. No. 118
A bill for an act relating to state government; adding
legislators who represent the capitol area as nonvoting members of the Capitol
Area Architectural and Planning Board; amending Minnesota Statutes 2006,
section 15B.03, subdivision 1.
May
14, 2007
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We,
the undersigned conferees for S. F. No. 118 report that we have agreed upon the
items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 118 be further amended as
follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 15B.03, subdivision 1, is amended to read:
Subdivision
1. Membership. (a) The Capitol Area
Architectural and Planning Board, called the board or the CAAPB in this
chapter, has ten 12 members.
(b)
The lieutenant governor is a member.
(c)
The governor must appoint four members.
(d)
The mayor of St. Paul must appoint three members with the advice and consent of
the city council. One of the mayor's appointees must be a resident of the
planning council district that includes the Capitol Area.
(e)
The speaker of the house must appoint a member two members of the
house of representatives and the president of the senate must appoint a
senator two senators.
(f)
Each appointee must qualify by taking the oath of office.
(g)
A quorum of the board is six members.
Sec.
2. EFFECTIVE DATE.
This
act is effective the day following final enactment."
Delete
the title and insert:
"A bill for an act relating to state government; adding
legislators to the Capitol Area Architectural and Planning Board; specifying a quorum;
amending Minnesota Statutes 2006, section 15B.03, subdivision 1."
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6713
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Sandra
L. Pappas, James P. Metzen and Dennis R. Frederickson.
House Conferees: Carlos
Mariani, Diane Loeffler and Mary Liz Holberg.
Mariani moved that the report of the Conference Committee on
S. F. No. 118 be adopted and that the bill be repassed as
amended by the Conference Committee.
Lanning moved that the House refuse to adopt the Conference
Committee report on S. F. No. 118, and that the bill be returned
to the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Lanning motion and the roll was
called. There were 58 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anzelc
Beard
Berns
Bigham
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Howes
Jaros
Juhnke
Koenen
Kohls
Lanning
Lenczewski
Liebling
Magnus
Marquart
McFarlane
McNamara
Nornes
Norton
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Rukavina
Ruth
Seifert
Shimanski
Simpson
Sviggum
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anderson, S.
Atkins
Benson
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kalin
Knuth
Kranz
Laine
Lesch
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion did not prevail.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6714
The question recurred on the Mariani motion that the report of
the Conference Committee on S. F. No. 118 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion
prevailed.
S. F. No. 118, A bill for an act relating to state government;
adding legislators who represent the capitol area as nonvoting members of the
Capitol Area Architectural and Planning Board; amending Minnesota Statutes
2006, section 15B.03, subdivision 1.
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 89 yeas and 43 nays as follows:
Those who voted in the affirmative were:
Anderson, S.
Anzelc
Atkins
Benson
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Kranz
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Beard
Berns
Bigham
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Howes
Koenen
Kohls
Lanning
Lenczewski
Magnus
Marquart
McNamara
Nornes
Olson
Paulsen
Peppin
Seifert
Shimanski
Simpson
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
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:
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6715
H. F. No. 1351, A bill for an act relating to transportation;
modifying or adding provisions related to geotechnical investigations before
eminent domain proceedings, the highway sign franchise program, streets and
highways, highway safety rest areas, highway construction bids and training,
town road abandonment, bridges, special mobile equipment, motor vehicle titles,
motor vehicle transfers, traffic regulations, flammable liquid definition,
drivers' licenses and identification cards, driver records and education, the
Real ID Act, traffic-control signals, transportation goals and mission,
statewide transportation plan, metropolitan transportation system performance
evaluations, transportation contracts, rail service improvement, use of rail
bank property, local airports, towing, vehicle impoundments, transit and
paratransit, special transportation, small vehicle passenger service,
transportation accessibility, transit ways and facilities, light rail transit,
vehicle license plates, vehicle size and weight restrictions, vehicle load
limits and permits, paper product vehicle routes and permits, definition of
full-size pickup truck, vehicle idle reduction technology, commercial vehicles
and drivers, vehicle registration, insurance requirements for vehicles owned by
charitable organizations, the Unified Carrier Registration Agreement, household
goods movers, obsolete motor carrier laws and conforming changes, railroad
company requirements, the position of state rail safety inspector, and the
Railroad Walkways Safety Act; requiring studies and reports; imposing
penalties; making clarifying and technical changes; appropriating money;
amending Minnesota Statutes 2006, sections 117.041, by adding a subdivision;
160.02, subdivision 19, by adding a subdivision; 160.80; 161.14, subdivision
18, by adding subdivisions; 161.32, subdivisions 1, 1b, 4; 164.06, subdivision
2; 165.01; 165.03; 168.011, subdivision 22; 168.013, subdivision 1e; 168.10,
subdivisions 1a, 1b, 1c, 1d, 1g, 1h, 1i; 168.12, subdivisions 1, 2, 2a, 2b, 2c,
2d, 2e; 168A.01, by adding a subdivision; 168A.05, subdivisions 3, 5; 168A.10,
subdivision 1; 168A.101; 168A.151, subdivision 1; 168A.153; 168B.04,
subdivision 2; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by
adding subdivisions; 168B.087, subdivision 1, by adding a subdivision; 169.01,
subdivisions 4c, 19, 20, 78, by adding subdivisions; 169.041, subdivisions 1,
2; 169.06, subdivision 5; 169.14, subdivision 2, by adding subdivisions;
169.34; 169.471, subdivision 1; 169.781; 169.782, subdivision 1; 169.783,
subdivision 1; 169.81, subdivisions 2, 3c; 169.823, subdivision 1; 169.824,
subdivision 2; 169.8261; 169.86, subdivision 5, by adding a subdivision;
169.862; 169.864, subdivisions 1, 2; 169.87, subdivision 4; 171.01, by adding a
subdivision; 171.02, subdivision 1; 171.06, subdivision 3; 171.07, subdivisions
1, 3; 171.12, subdivision 6; 171.14; 174.01, subdivision 2; 174.02, subdivision
1a; 174.03, subdivision 1, by adding subdivisions; 174.24, subdivision 2a;
174.255, by adding a subdivision; 174.29, by adding subdivisions; 174.30,
subdivisions 4, 9; 174.64, subdivisions 2, 4; 174.66; 218.021, subdivision 1;
218.041, subdivision 6; 221.011, subdivision 8, by adding a subdivision;
221.025; 221.026; 221.031, subdivisions 1, 6; 221.0314, subdivision 9, by
adding a subdivision; 221.033, subdivision 2d; 221.036, subdivisions 1, 3;
221.037, subdivision 1; 221.091, subdivision 2; 221.131; 221.132; 221.141,
subdivisions 1, 4; 221.185; 221.221, subdivision 3; 221.231; 221.291,
subdivision 4; 221.60, subdivision 1, by adding a subdivision; 222.50,
subdivision 7; 222.63, subdivision 4, by adding a subdivision; 299F.60,
subdivision 1; 299J.16, subdivision 1; 325F.665, by adding a subdivision;
473.1466; 473.166; 473.386, subdivisions 1, 2, 2a, 3; 473.399; 473.3993,
subdivisions 1, 3, by adding a subdivision; 473.3994; 473.3997; 473.4051;
473.408, by adding subdivisions; Laws 2005, First Special Session chapter 1,
article 4, section 39; proposing coding for new law in Minnesota Statutes,
chapters 160; 161; 169; 174; 219; 221; 473; repealing Minnesota Statutes 2006,
sections 168A.05, subdivision 5a; 174.65; 221.011, subdivisions 24, 25, 28, 29,
38, 41, 44, 45; 221.0252, subdivision 7; 221.072; 221.111; 221.121,
subdivisions 1, 2, 3, 4, 5, 6, 6a, 6c, 6d, 6e, 6f, 7; 221.122; 221.123;
221.131, subdivisions 2a, 3; 221.141, subdivision 6; 221.151; 221.152; 221.153,
subdivisions 1, 2; 221.161; 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8;
221.296, subdivisions 3, 4, 5, 6, 7, 8; 221.60, subdivisions 2, 3, 3a, 4, 5, 6;
221.601; 221.602; 325E.0951, subdivision 3a; 473.1465; 473.247; 473.3994,
subdivision 13; Laws 1999, chapter 230, section 44.
Patrick E. Flahaven, Secretary of the Senate
Hornstein moved that the House refuse to concur in the Senate
amendments to H. F. No. 1351, 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.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6716
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 1724:
Lesch, Walker and Abeler.
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 Wednesday, May 16, 2007:
S. F. Nos. 1556, 1597, 1581 and 883;
H. F. Nos. 413 and 1208; and S. F. Nos. 1218,
753, 221 and 1271.
CALENDAR FOR THE DAY
S. F. No. 1306 was reported to the House.
Holberg moved that H. F. No. 1306 be returned to the General
Register. The motion prevailed.
S. F. No. 1959 was reported to the House.
Huntley moved to amend S. F.
No. 1959, the unofficial engrossment, as follows:
Page 1, after line 5,
insert:
"Section 1. Minnesota
Statutes 2006, section 151.01, is amended by adding a subdivision to read:
Subd. 31. Central service pharmacy. "Central service
pharmacy" means a pharmacy that may provide dispensing functions, drug
utilization review, packaging, labeling, or delivery of a prescription product
to another pharmacy for the purpose of filling a prescription.
Sec. 2. [151.215] CERTIFICATION.
A pharmacist must certify a
prescription, in compliance with Minnesota Board of Pharmacy rules, before the
prescription is dispensed, delivered, mailed, or shipped to a patient or a
patient's caregiver. However, if the prescription has been certified by a
pharmacist at a licensed central service pharmacy, in compliance with Minnesota
Board of Pharmacy rules, an additional certification is not required at the
pharmacy that dispenses, mails, or ships the completed prescription to the
patient."
Page 1, delete lines 13 to
18
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6717
Gottwalt and Huntley moved to
amend S. F. No. 1959, the unofficial engrossment, as amended, as follows:
Page 1, after line 5,
insert:
"Section 1. Minnesota
Statutes 2006, section 151.37, subdivision 2, is amended to read:
Subd. 2. Prescribing and filing. (a) A licensed
practitioner in the course of professional practice only, may prescribe,
administer, and dispense a legend drug, and may cause the same to be
administered by a nurse, a physician assistant, or medical student or resident
under the practitioner's direction and supervision, and may cause a person who
is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal
scope of the person's practice as defined in Minnesota Statutes. A licensed
practitioner may prescribe a legend drug, without reference to a specific
patient, by directing a nurse, pursuant to section 148.235, subdivisions 8 and
9, physician assistant, or medical student or resident to adhere to a
particular practice guideline or protocol when treating patients whose
condition falls within such guideline or protocol, and when such guideline or
protocol specifies the circumstances under which the legend drug is to be
prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a
prescriber, shall not be deemed to have prescribed the legend drug. This
paragraph applies to a physician assistant only if the physician assistant
meets the requirements of section 147A.18.
(b) A licensed practitioner
that dispenses for profit a legend drug that is to be administered orally, is
ordinarily dispensed by a pharmacist, and is not a vaccine, must file with the
practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the
practitioner dispenses for profit, and the types of legend drugs generally
dispensed. It is unlawful to dispense legend drugs for profit after July 31,
1990, unless the statement has been filed with the appropriate licensing board.
For purposes of this paragraph, "profit" means (1) any amount
received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount
received by the practitioner in excess of the acquisition cost of a legend drug
plus the cost of making the drug available if the legend drug requires
compounding, packaging, or other treatment. The statement filed under this
paragraph is public data under section 13.03. This paragraph does not apply to
a licensed doctor of veterinary medicine or a registered pharmacist. Any person
other than a licensed practitioner with the authority to prescribe, dispense,
and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic
when the profit from dispensing is used to meet operating expenses.
(c) A prescription or drug
order for a legend drug is not valid if it is based solely on an online
questionnaire, unless it can be established that the prescription or order was
based on a documented patient evaluation adequate to establish a diagnosis and
identify underlying conditions and contraindications to treatment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1959, A bill for an act relating to health professions;
allowing the return of drugs dispensed by pharmacies in certain circumstances;
proposing coding for new law in Minnesota Statutes, chapter 151.
The bill was read for the third time, as amended, and placed
upon its final passage.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6718
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
S. F. No. 1370, A bill for an act relating to amusement rides;
modifying provisions regulating amusement rides; defining terms; amending
Minnesota Statutes 2006, sections 184B.01, subdivision 4, by adding
subdivisions; 184B.02; 184B.03; 184B.05; 184B.07; proposing coding for new law
in Minnesota Statutes, chapter 184B; repealing Minnesota Statutes 2006, section
184B.06.
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 91 yeas and 41 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6719
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
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
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Ozment
Paulsen
Peppin
Ruth
Seifert
Shimanski
Simpson
Sviggum
Tingelstad
Wardlow
Westrom
Zellers
The bill was passed and its title agreed to.
S. F. No. 1186, A bill for an act relating to public
facilities; modifying provisions of the Minnesota Public Facilities Authority
Act; making technical and housekeeping changes; modifying Pollution Control
Agency project priority rule; amending Minnesota Statutes 2006, sections
116.182, subdivision 5; 446A.02; 446A.03; 446A.04; 446A.051; 446A.07; 446A.072;
446A.073; 446A.074; 446A.075; 446A.081; 446A.085; 446A.09; 446A.11, subdivision
13; 446A.17, subdivision 1; repealing Minnesota Statutes 2006, sections 446A.05;
446A.06; 446A.15, subdivision 6.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6720
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Olson
The bill was passed and its title agreed to.
S. F. No. 547, A bill for an act relating to Scott County;
making the library board advisory to the county board.
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
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.
S. F. No. 112, A bill for an act relating to commerce;
prohibiting body piercing services for a person under the age of 18 without
parental consent; prescribing a criminal penalty; providing public and private
remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the third time and placed upon its final
passage.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6721
The question was taken on the passage of the bill and the roll was
called. There were 122 yeas and 9 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
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Sailer
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Zellers
Spk. Kelliher
Those who voted in the negative were:
Dittrich
Hortman
Kalin
Madore
Murphy, E.
Rukavina
Ruud
Winkler
Wollschlager
The bill was passed and its title agreed to.
S. F. No. 1377 was reported to the House.
Tingelstad moved to amend S. F. No. 1377, the
second engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1340, the first engrossment:
"ARTICLE 1
GENERAL LAWS GOVERNING
BOARDS AND ADVISORY GROUPS
Section 1. Minnesota
Statutes 2006, section 15.059, subdivision 5, is amended to read:
Subd. 5. Expiration date. (a) Unless a different
date is specified by law, the existence of each advisory council and committee
expires on the date specified in the law establishing the group or on June 30, 2003
2009, whichever is sooner. This subdivision applies whether or not the law
establishing the group provides that the group is governed by this section. The
secretary of state must notify the primary appointing authority or chair of an
advisory council or committee of its scheduled expiration before the start of
the annual legislative session immediately preceding the group's scheduled
expiration.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6722
(b) An
advisory council or committee does not expire in accordance with paragraph (a)
if it:
(1) is
an occupational licensure advisory group to a licensing board or agency;
(2)
administers and awards grants; or
(3) is
required by federal law or regulation.
ARTICLE
2
REPEAL
OF EXPIRED ADVISORY GROUPS
Section
1. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:
Subdivision
1. Governor's Advisory Council on
Technology for People with Disabilities Assistive Technology Act of 1998.
The Department of Administration shall serve as the lead agency to assist
the Minnesota Governor's Advisory Council on Technology for People with
Disabilities in carrying out all responsibilities pursuant to United States
Code, title 29, section 2211 et seq., and any other responsibilities related to
that program is designated as the responsible agency to carry out all
the responsibilities under the Assistive Technology Act of 1998 according to
United States Code, title 29, section 3011.
Sec.
2. Minnesota Statutes 2006, section 16B.181, subdivision 2, is amended to read:
Subd.
2. Public entities; purchases from
corrections industries. (a) The commissioner of corrections, in
consultation with the commissioner of administration, shall prepare updated
lists of the items available for purchase from Department of Corrections
industries and annually forward a copy of the most recent list to all public
entities within the state. A public entity that is supported in whole or in
part with funds from the state treasury may purchase items directly from
corrections industries. The bid solicitation process is not required for these
purchases.
(b)
The commissioner of administration shall develop a contract or contracts to
enable public entities to purchase items directly from corrections industries.
The commissioner of administration, in consultation with the commissioner of
corrections, shall determine the fair market price for listed items. The
commissioner of administration shall require that all requests for bids or
proposals, for items provided by corrections industries, be forwarded to the commissioner
of corrections to enable corrections industries to submit bids. The
commissioner of corrections shall consult with the commissioner of
administration prior to introducing new products to the state agency market.
(c) No
public entity may evade the intent of this section by adopting slight
variations in specifications, when Minnesota corrections industry items meet
the reasonable needs and specifications of the public entity.
(d)
The commissioners of administration and corrections shall develop annual
performance measures outlining goals to maximize inmate work program
participation. The commissioners of administration and corrections shall
appoint cochairs for a task force whose purpose is to determine additional
methods to achieve the performance goals for public entity purchasing. The task
force shall include representatives from the Minnesota House of
Representatives, Minnesota Senate, the Minnesota State Colleges and
Universities, University of Minnesota, Minnesota League of Cities, Minnesota Association
of Counties, and administrators with purchasing responsibilities from the
Minnesota state Departments of Corrections, Public Safety, Finance,
Transportation, Natural Resources, Human Services, Health, and Employment and
Economic Development. Notwithstanding section 15.059, the task force created in
this paragraph expires on June 30, 2003.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6723
(e) If
performance goals for public entity purchasing are not achieved in two consecutive
fiscal years, public entities shall purchase items available from corrections
industries. The commissioner of administration shall be responsible for
notifying public entities of this requirement.
Sec.
3. Minnesota Statutes 2006, section 16C.17, is amended to read:
16C.17 ENCOURAGEMENT OF PARTICIPATION;
ADVISORY COUNCIL.
Subdivision
1. Commissioner of administration
Commissioners' duties. The commissioners of administration and
employment and economic development shall publicize the provisions of the
purchasing programs in sections 16C.16 to 16C.21, attempt to locate small
businesses or small targeted group businesses able to perform under the
programs, and encourage participation through education, technical assistance,
mentoring, and other means. When the commissioner of administration determines
that a small business or small targeted group business is unable to perform
under a program established in sections 16C.16 to 16C.21, the commissioner
shall inform the commissioner of employment and economic development who shall
assist the small business or small targeted group business in attempting to
remedy the causes of the inability to perform the award. In assisting the small
business or small targeted group business, the commissioner of employment and
economic development in cooperation with the commissioner of administration
shall use management or financial assistance programs made available by or
through the Department of Employment and Economic Development, other state or
governmental agencies, or private sources.
Subd.
2. Advisory council. The Small
Business Procurement Advisory Council consists of 13 members appointed by the
commissioner of administration. A chair of the advisory council shall be
elected from among the members. The appointments are subject to the
appointments program provided by section 15.0597. The terms, compensation, and
removal of members are as provided in section 15.059. Notwithstanding section
15.059, the council expires June 30, 2003.
Subd.
3. Duties. The Small Business
Procurement Advisory Council shall:
(1)
advise the commissioner of administration on matters relating to the small
business and small targeted group business procurement program;
(2)
review complaints or grievances from small businesses and small targeted group
businesses who are doing or attempting to do business under the program; and
(3)
review the reports of the commissioners of administration and employment and
economic development provided by section 16C.18 to ensure compliance with the
goals of the program.
Sec.
4. Minnesota Statutes 2006, section 21.112, is amended to read:
21.112 COMMISSIONER, DUTIES; SEED POTATOES.
Subdivision
1. Duties, employees. The
commissioner shall provide the means and direct the work for the inspection,
certification, promotion of quality, and creation of demand and sale of seed
potatoes. The commissioner may enter into contracts and ground leases for
planting and growing potatoes outside of the state for experimental and
research purposes. The commissioner shall provide such forms as are necessary
and keep a record of the work performed, and shall appoint, designate, or
employ such officers, inspectors, and employees as may be deemed necessary and
fix their compensation.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6724
Subd.
2. Advisory seed potato certification task
force. The commissioner may appoint an advisory seed potato
certification task force. If the task force is appointed each member shall be a
grower in Minnesota of certified seed potatoes. The terms, compensation and
removal of members shall be as provided in section 15.059. The task force shall
expire June 30, 2003.
Sec.
5. Minnesota Statutes 2006, section 43A.318, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) Scope. For the purposes of this
section, the terms defined have the meaning given them.
(b) Advisory committee; committee. "Advisory
committee" or "committee" means the committee created under
subdivision 3.
(c) Committee member; member. "Committee member" or
"member" means a person serving on the advisory committee created
under subdivision 3.
(d) (b) Eligible person. "Eligible
person" means:
(1) a person
who is eligible for insurance and benefits under section 43A.24;
(2) a
person who at the time of separation from employment was eligible to purchase
coverage at personal expense under section 43A.27, subdivision 3, regardless of
whether the person elected to purchase this coverage;
(3) a
spouse of a person described in clause (1) or (2), regardless of the enrollment
status in the program of the person described in clause (1) or (2); or
(4) a
parent of a person described in clause (1), regardless of the enrollment status
in the program of the person described in clause (1).
(e) (c) Program. "Program" means the
statewide public employees long-term care insurance program created under
subdivision 2.
(f) (d) Qualified vendor. "Qualified
vendor" means an entity licensed or authorized to underwrite, provide, or
administer group long-term care insurance benefits in this state.
Sec.
6. Minnesota Statutes 2006, section 92.35, is amended to read:
92.35 DUTIES AND POWERS.
The
commissioner of natural resources must classify all public and private lands in
the state by the use to which the lands are adapted, but principally as to
adaptability to present known uses, such as agriculture and forestry. This
classification must be based on consideration of the known physical and
economic factors affecting use of the land. The commissioner must consult
private, state, and federal agencies concerned with land use. The
commissioner may appoint advisory committees of residents of the state
concerned with and interested in land use. The advisory committees shall serve
without pay, at the pleasure of the commissioner. The advisory committee must
consider and report on land use problems submitted by the commissioner. The
classification must be done first in the counties having land classification
committees. In determining the land classification, the commissioner must
consult and cooperate with the land classification committee. The determination
of the land classification committee is final.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6725
Sec.
7. Minnesota Statutes 2006, section 129D.04, subdivision 1, is amended to read:
Subdivision
1. Authority. The board shall
through the following activities stimulate and encourage the creation,
performance and appreciation of the arts in the state:
(1)
receive and consider any requests for grants, loans or other forms of
assistance;
(2)
advise and serve as a technical resource at the request of sponsoring
organizations and political subdivisions in the state on programs relating to
the arts;
(3)
advise and recommend on existing or proposed activities of the departments of
the state relating to the arts;
(4)
accept gifts and grants to the board and distribute the same in accordance with
the instructions of the donor insofar as the instructions are consistent with
law;
(5)
promulgate by rule procedures to be followed by the board in receiving and
reviewing requests for grants, loans or other forms of assistance;
(6)
promulgate by rule standards consistent with this chapter to be followed by the
board in the distribution of grants, loans, and other forms of assistance;
(7)
distribute according to the above procedures and standards grants, loans, and
other forms of assistance for artistic activities to departments and agencies
of the state, political subdivisions, sponsoring organizations and, in
appropriate cases, to individuals engaged in the creation or performance of the
arts; provided that a member of the board shall not participate in
deliberations or voting on assistance to groups or persons in which that member
has an interest as officer, director, employee, or recipient;
(8)
appoint advisory committees which the board determines are essential to the
performance of its powers and duties under this section; provided that no
member of an advisory committee shall serve on a committee to which the member
has an application pending for a grant, loan, or other form of assistance from
the board or its predecessor; and provided that the board's authority to
appoint advisory committees under this clause does not expire under section
15.059;
(9)
serve as a fiscal agent to disburse appropriations for regional arts councils
throughout the state.
Sec.
8. Minnesota Statutes 2006, section 240.18, subdivision 4, is amended to read:
Subd.
4. Rules; advisory committees. The
commission shall adopt rules governing the distribution of the fund. The
commission may establish advisory committees to advise it on the distribution
of money under this section, provided that the members of an advisory committee
shall serve without compensation.
Sec.
9. Minnesota Statutes 2006, section 245.71, is amended to read:
245.71 CONDITIONS TO FEDERAL AID FOR MENTALLY
ILL.
Subdivision
1. Federal aid or block grants. The
commissioner of human services may comply with all conditions and requirements
necessary to receive federal aid or block grants with respect to the
establishment, construction, maintenance, equipment or operation, for all the
people of this state, of adequate facilities and services as specified in
section 245.70.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6726
Subd.
2. Planning council. The
commissioner may establish a state Mental Health Services Planning Council to
advise on matters relating to coordination of mental health services among
state agencies, the unmet needs for services, including services for minorities
or other underserved groups, and the allocation and adequacy of mental health
services within the state. The commissioner may establish special committees
within the planning council authority to address the needs of special
population groups. Members of a state advisory planning council must be broadly
representative of other state agencies involved with mental health, service
providers, advocates, consumers, local elected officials, age groups,
underserved and minority groups, and geographic areas of the state.
Sec.
10. Minnesota Statutes 2006, section 252.282, subdivision 5, is amended to
read:
Subd.
5. Responsibilities of commissioner.
(a) In collaboration with counties, and providers, and the
statewide advisory committee, the commissioner shall ensure that services
recognize the preferences and needs of persons with developmental disabilities
and related conditions through a recurring systemic review and assessment of
ICF/MR facilities within the state.
(b)
The commissioner shall publish a notice in the State Register no less than
biannually to announce the opportunity for counties or providers to submit
requests for payment rate adjustments associated with plans for downsizing,
relocation, and closure of ICF/MR facilities.
(c)
The commissioner shall designate funding parameters to counties and to the
statewide advisory committee for the overall implementation of system needs
within the fiscal resources allocated by the legislature.
(d)
The commissioner shall contract with ICF/MR providers. The initial contracts
shall cover the period from October 1, 2000, to December 31, 2001. Subsequent
Contracts shall be for two-year periods beginning January 1, 2002.
Sec.
11. Minnesota Statutes 2006, section 256C.28, subdivision 1, is amended to
read:
Subdivision
1. Membership. The Minnesota
Commission Serving Deaf and Hard-of-hearing People consists of seven members
appointed at large and one member from each advisory committee established
under section 256C.24, subdivision 3. At least 50 percent of the members must
be deaf or deaf-blind or hard of hearing. Members shall include persons who are
deaf, deaf-blind, and hard of hearing, parents of children who are deaf,
deaf-blind, and hard of hearing, and representatives of county and regional
human services, including representatives of private service providers.
Commission members are appointed by the governor for a three-year term and
shall serve no more than two consecutive terms. The commission shall select one
member as chair. Notwithstanding section 15.059, the commission does not
expire.
Sec.
12. Minnesota Statutes 2006, section 353D.01, subdivision 1, is amended to
read:
Subdivision
1. Establishment. The public
employees defined contribution plan is administered by the Public Employees
Retirement Association under supervision of the association board of trustees. To
assist it in governing the operations of the plan, the board may appoint an
advisory committee of not more than nine members who are representative of the
employers and employees who participate in the plan.
Sec.
13. REPEALER.
Minnesota
Statutes 2006, sections 16B.055, subdivisions 2 and 3; 16B.65, subdivision 5;
16B.76; 18B.305, subdivision 3; 43A.318, subdivision 3; 62J.692, subdivision 2;
115.54; 115A.9651, subdivision 5; 116C.93; 116O.091, subdivision 7; 125B.21;
127A.30; 145.9266, subdivisions 6 and 7; 175.008; 241.021, subdivision 4b;
242.56, subdivision 3; 245.699; 252.282, subdivision 4; 256B.0625, subdivision
13a; 256B.77, subdivision 23; 299A.293; 299A.331; 299M.02; 326.41; 352.98,
subdivision 6; 354B.25, subdivision 1a; 611A.25; and 611A.361, are repealed.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6727
ARTICLE 3
CONFORMING CHANGES
Section 1. Minnesota
Statutes 2006, section 62J.693, subdivision 2, is amended to read:
Subd. 2. Grant application process. (a) The
commissioner of health shall make recommendations for a process for the
submission, review, and approval of research grant applications. The process
shall give priority for grants to applications that are intended to gather
preliminary data for submission for a subsequent proposal for funding from a
federal agency or foundation, which awards research money on a competitive,
peer-reviewed basis. Grant recipients must be able to demonstrate the ability
to comply with federal regulations on human subjects research in accordance
with Code of Federal Regulations, title 45, section 46, and shall conduct the
proposed research. Grants may be awarded to the University of Minnesota, the
Mayo Clinic, or any other public or private organization in the state involved
in medical research. The commissioner shall report to the legislature by
January 15, 2000, with recommendations.
(b) The commissioner may consult
with the Medical Education and Research Advisory Committee established in
section 62J.692 in developing these recommendations or may appoint a
research advisory committee to provide advice and oversight on the grant
application process. If the commissioner appoints a research advisory
committee, the committee shall be governed by section 15.059 for membership terms
and removal of members.
Sec. 2. Minnesota Statutes
2006, section 354C.12, subdivision 4, is amended to read:
Subd. 4. Administrative expenses. (a) The Board
of Trustees of the Minnesota State Colleges and Universities is authorized to
pay the necessary and reasonable administrative expenses of the supplemental
retirement plan and may bill participants to recover these expenses. The
administrative fees or charges may be charged to participants as an annual fee,
an asset-based fee, a percentage of contributions to the plan, or a
contribution thereof.
(b) Any recovered or
assessed amounts that are not needed for the necessary and reasonable
administrative expenses of the plan must be refunded to member accounts.
(c) The Board of Trustees
shall report annually, before October 1, to the advisory committee created
in section 354B.25, subdivision 1a, legislature on administrative
expenses of the plan. The report must include a detailed accounting of charges
for administrative expenses collected from plan participants and expenditure of
the administrative expense charges. The administrative expense charges
collected from plan participants must be kept in a separate account from any
other funds under control of the Board of Trustees and may be used only for the
necessary and reasonable administrative expenses of the plan.
Sec. 3. Minnesota Statutes
2006, section 356A.02, subdivision 1, is amended to read:
Subdivision 1. Fiduciary status. For purposes of this
chapter, the following persons are fiduciaries:
(1) any member of the
governing board of a covered pension plan;
(2) the chief administrative
officer of a covered pension plan or of the State Board of Investment;
(3) any member of the State
Board of Investment; and
(4) any member of the
Investment Advisory Council; and.
(5) any member of the
advisory committee established under section 354B.25."
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6728
Delete the title and insert:
"A bill for an act relating to state government; revising
certain laws governing state boards and advisory groups; amending Minnesota
Statutes 2006, sections 15.059, subdivision 5; 16B.055, subdivision 1; 16B.181,
subdivision 2; 16C.17; 21.112; 43A.318, subdivision 1; 62J.693, subdivision 2;
92.35; 129D.04, subdivision 1; 240.18, subdivision 4; 245.71; 252.282,
subdivision 5; 256C.28, subdivision 1; 353D.01, subdivision 1; 354C.12,
subdivision 4; 356A.02, subdivision 1; repealing Minnesota Statutes 2006,
sections 16B.055, subdivisions 2, 3; 16B.65, subdivision 5; 16B.76; 18B.305,
subdivision 3; 43A.318, subdivision 3; 62J.692, subdivision 2; 115.54;
115A.9651, subdivision 5; 116C.93; 116O.091, subdivision 7; 125B.21; 127A.30;
145.9266, subdivisions 6, 7; 175.008; 241.021, subdivision 4b; 242.56,
subdivision 3; 245.699; 252.282, subdivision 4; 256B.0625, subdivision 13a;
256B.77, subdivision 23; 299A.293; 299A.331; 299M.02; 326.41; 352.98,
subdivision 6; 354B.25, subdivision 1a; 611A.25; 611A.361."
The motion prevailed and the amendment was adopted.
Tingelstad moved to amend S.
F. No. 1377, the second engrossment, as amended, as follows:
Page 2, delete section 1 and
insert:
"Section 1. Minnesota
Statutes 2006, section 16B.055, subdivision 1, is amended to read:
Subdivision 1. Governor's Advisory Council on
Technology for People with Disabilities. Federal Assistive Technology
Act. (a) The Department of Administration shall serve as the
lead agency to assist the Minnesota Governor's Advisory Council on Technology
for People with Disabilities in carrying out all responsibilities pursuant to
United States Code, title 29, section 2211 et seq., and any other
responsibilities related to that program is designated as the lead
agency to carry out all the responsibilities under the Assistive Technology Act
of 1998, as provided by Public Law 108-364, as amended. The Minnesota Assistive
Technology Advisory Council is established to fulfill the responsibilities
required by the Assistive Technology Act, as provided by Public Law 108-364, as
amended. Because the existence of this council is required by federal law, this
council does not expire and the expiration date provided in section 15.059,
subdivision 5, does not apply.
(b) The governor shall
appoint the membership of the council as required by the Assistive Technology
Act of 1998, as provided by Public Law 108-364, as amended. After the governor
has completed the appointments required by this subdivision, the commissioner
of administration, or the commissioner's designee, shall convene the first
meeting of the council following the appointments. Members shall serve two-year
terms commencing July 1 of each odd-numbered year, and receive the compensation
specified by the Assistive Technology Act of 1998, as provided by Public Law
108-364, as amended. The members of the council shall select their chair at the
first meeting following their appointment."
Page 8, line 13, delete
"299M.02;"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6729
Buesgens moved to amend S. F. No. 1377, the second engrossment,
as amended, as follows:
Page 5, delete section 6
The motion prevailed and the amendment was adopted.
Solberg moved to amend S. F. No. 1377, as amended, as follows:
Page 8, line 11, delete "127A.30,"
The motion prevailed and the amendment was adopted.
S. F. No. 1377, A bill for an act relating to state government;
revising certain laws governing state boards and advisory groups; amending
Minnesota Statutes 2006, sections 15.059, subdivision 5; 16B.181, subdivision
2; 16C.17; 21.112; 43A.318, subdivision 1; 62J.693, subdivision 2; 92.35;
129D.04, subdivision 1; 240.18, subdivision 4; 245.71; 245.97, by adding a
subdivision; 252.282, subdivision 5; 353D.01, subdivision 1; 354C.12, subdivision
4; 356A.02, subdivision 1; Laws 1976, chapter 199, section 14, subdivision 1,
as amended; repealing Minnesota Statutes 2006, sections 3.884; 16B.055; 16B.65,
subdivision 5; 16B.76; 18B.305, subdivision 3; 43A.318, subdivision 3; 62J.692,
subdivision 2; 115.54; 115A.9651, subdivision 5; 116C.93; 116O.091, subdivision
7; 125B.21; 127A.30; 145.9266, subdivisions 6, 7; 175.008; 241.021, subdivision
4b; 242.56, subdivision 3; 245.699; 252.282, subdivision 4; 256B.0625,
subdivision 13a; 256B.77, subdivision 23; 256C.28; 299A.293; 299A.331; 326.41;
352.98, subdivision 6; 354B.25, subdivision 1a; 611A.25; 611A.361.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6730
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Solberg from the Committee
on Ways and Means to which was referred:
H. F. No. 1978, A bill for
an act relating to retirement; various retirement plans; authorizing an
optional annuity election for the surviving spouse of a deceased former
legislator; permitting the optional early division of legislators retirement
plan retirement allowances upon a marriage dissolution; expanding the
membership of the general state employees retirement plan and the State Patrol
retirement plan; permitting withholding of insurance premiums from public
safety employee annuities; providing special coverage to privatized employees
of Lakefield Nursing Home, Lakeview Nursing Home, Oakland Park Nursing Home,
and Hutchinson Area Health Care; permitting various prior service credit
purchases; exempting certain Anoka County employees from reemployed annuitant
earnings limitations; permitting certain combined service annuity back
payments; permitting a delayed disability benefit application; making various
administrative changes in various statewide retirement plans; modifying
disability determination procedures and disability benefits in various plans
administered by the Public Employees Retirement Association; authorizing
investment in the State Board of Investment by the Minneapolis Employees
Retirement Fund; relaxing certain Minneapolis Employees Retirement Fund
liquidity transfer requirements; expanding the coverage group of the state
employees correctional retirement plan to include various Department of
Corrections and Department of Human Services employees; modifying various
aspects of the volunteer fire supplemental benefit coverage; correcting various
2006 drafting errors; replacing the investment-related postretirement
adjustment mechanism for the St. Paul Teachers Retirement Fund Association
with a cost of living adjustment mechanism; extending the St. Paul
Teachers Retirement Fund Association amortization target date; modifying
certain Minneapolis Police Relief Association surviving spouse benefit amounts
and validating prior payments; increasing the amount available for distribution
by the Minneapolis Firefighters Relief Association as a postretirement
adjustment; including the Public Employees Retirement Association staff in the
state's postretirement option; extending the 2006 special retirement incentive
to 2009 and making certain modifications; authorizing an additional
postretirement adjustment for surviving spouses receiving benefits from the
Thief River Falls Police Trust Fund; amending Minnesota Statutes 2006, sections
3.85, subdivisions 3, 10; 3A.02, subdivisions 1, 5; 3A.05; 13.632, subdivision
1; 43A.346, subdivisions 1, 2; 126C.41, subdivision 4; 352.01, subdivisions 2a,
2b, 11; 352.12, subdivision 2a; 352.27; 352.91, subdivisions 3d, 3e, 3f, 4b;
352.951; 352.98, by adding a subdivision; 352B.01, subdivision 2; 352D.02,
subdivisions 1, 3; 352D.06, subdivision 3; 353.01, subdivisions 2a, 2b, 6, 16,
28, 37, by adding subdivisions; 353.03, subdivisions 3, 3a, 4; 353.27, by
adding a subdivision; 353.28, subdivision 6; 353.29, subdivision 3; 353.30,
subdivisions 1a, 1b, 1c; 353.32, subdivisions 1a, 1b; 353.33, subdivisions 1,
2, 4, 6, 7a; 353.34, subdivision 3; 353.651, subdivision 4; 353.656,
subdivisions 1a, 3, 4, 5a, 6a, 8, 10, by adding subdivisions; 353.657,
subdivisions 1, 2, 2a, 3; 353B.08, subdivision 11; 353E.06, subdivisions 1, 2,
4, 8; 353F.02, subdivision 4; 353F.04, subdivision 1; 354.05, subdivision 13;
354.093; 354.094; 354.095; 354.096, subdivision 2; 354.35; 354.44, subdivision
6; 354.45, subdivision 1a; 354.48, subdivision 3; 354A.12, subdivisions 3b, 3c,
3d; 354A.29, subdivisions 3, 4; 354B.21, subdivision 3; 355.01, subdivision 3h;
356.195, subdivision 1; 356.215, subdivision 11; 356.405; 356.46, subdivision
3; 356.87; 356A.06, subdivision 6; 422A.01, subdivision 13a; 422A.05,
subdivision 2c; 422A.06, subdivisions 3, 5, 7, 8; 422A.101, subdivision 3;
423A.02, subdivisions 3, 5; 423B.10, subdivision 1; 423C.06, subdivision 2;
424A.10, subdivisions 1, 2, 3; 490.121, subdivisions 15a, 21f; 626.84,
subdivision 1; Laws 1981, chapter 68, section 42, subdivision 1, as amended;
Laws 2006, chapter 271, article 2, sections 12, subdivision
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6731
1; 13, subdivision 3; article 3, section 43; article
14, section 2, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapters 3A; 352; 353; 353E; 354; 356; repealing Minnesota Statutes
2006, sections 352.031; 353.30, subdivision 1; 353.33, subdivisions 6a, 6b, 8;
353.34, subdivision 7; 353.656, subdivisions 5, 9, 11, 12; 353.69; 354.071;
354.49, subdivision 5; 354A.12, subdivision 3d; 354A.29, subdivision 6; 356.90;
422A.101, subdivision 4.
Reported the same back with
the following amendments:
Page 52, lines 2 and 6,
delete ", other than paragraph (j),"
Page 64, delete section 45
Page 71, line 13, delete
"4" and insert "4a"
Page 72, line 17, delete
"July 1" and insert "June 30"
Page 81, line 8, delete
everything after "(a)"
Page 81, line 9, delete
"1a,"
Page 81, lines 13 to 14,
delete the new language
Page 83, after line 29,
insert:
"Sec. 15. Minnesota
Statutes 2006, section 353.656, subdivision 1, is amended to read:
Subdivision 1. In line of Duty disability;
computation of benefits. (a) A member of the police and fire plan who:
(1) has not met the
requirements for a retirement annuity under section 353.651, subdivision 1, or
(2) has met the requirements
for a retirement annuity under section 353.651, subdivision 1, but who does not
have 20 years of credited service; and who becomes disabled and physically
unfit to perform duties as a police officer, firefighter, or paramedic as
defined under section 353.64, subdivision 10, as a direct result of an injury,
sickness, or other disability incurred in or arising out of any act of duty,
which has or is expected to render the member physically or mentally unable to
perform the duties as a police officer, firefighter, or paramedic as defined
under section 353.64, subdivision 10, for a period of at least one year is determined to qualify
for duty disability as defined in section 353.01, subdivision 41, shall receive disability
benefits during the period of such disability.
(b) The benefits must be in an amount equal to 60
percent of the "average salary" as defined in section
353.01, subdivision 17a, plus an additional percent specified in section
356.315, subdivision 6, of that average salary for each year of service in
excess of 20 years.
(b) To be eligible for a
benefit under paragraph (a), the member must have:
(1) not met the requirements
for a retirement annuity under section 353.651, subdivision 1; or
(2) met the requirements
under that subdivision, but not have at least 20 years of allowable service
credit.
(c) If paragraph (b), clause
(2), applies, the disability benefit must be paid for a period of 60 months
from the disability benefit accrual date and at the end of that period is
subject to provisions of subdivision 5a.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6732
(d) If the disability under this
subdivision occurs before the member has at least five years of allowable
service credit in the police and fire plan, the disability benefit must be
computed on the "average salary" from which deductions
were made for contribution to the police and fire fund.
EFFECTIVE DATE. This section is
effective July 1, 2007, and applies to disability benefit applicants whose last
day of public employment was after June 30, 2007."
Page 84, line 24, before
"If" insert "(d)"
Page 92, line 16, after
"(a)" insert "Except for a total and permanent disability
under subdivision 1a,"
Page 92, line 21, before
"No" insert "Except for a total and permanent
disability under subdivision 1a,"
Pages 108 to 112, delete
sections 1 to 3 and insert:
"Section 1. ST.
PAUL TEACHERS RETIREMENT FUND ASSOCIATION; PILOT POSTRETIREMENT ADJUSTMENT;
LIMITATIONS.
(a) Notwithstanding any
provision of Minnesota Statutes, chapter 354A, to the contrary, for calendar
years 2008 and 2009 and for postretirement adjustments initially payable on January
1, 2008, or January 1, 2009, as a pilot program this section supersedes
Minnesota Statutes, section 354A.29, subdivisions 3 and 4, and the applicable
bylaw provisions of the St. Paul Teachers Retirement Fund Association.
(b) The postretirement adjustment
under the pilot program must be determined by the executive director and
approved by the board annually using the procedures under this section.
(c) On January 1, each
eligible person who has accrued or received an annuity or benefit under the articles
of incorporation, the bylaws, or this chapter for at least three full calendar
months as of the end of the calendar year is eligible to receive a
postretirement adjustment that is payable the following January 1.
(d) A percentage adjustment
must be computed and paid under this paragraph to eligible persons under
paragraph (c). This adjustment is determined by reference to the Consumer Price
Index for urban wage earners and clerical workers all items index as reported
by the Bureau of Labor Statistics of the United States Department of Labor each
year as part of the determination of annual cost-of-living adjustments to
recipients of federal old-age, survivors, and disability insurance. For
calculations of the cost-of-living adjustment under paragraph (b), the term
"average third quarter Consumer Price Index value" means the sum of
the monthly index values as initially reported by the Bureau of Labor
Statistics for the months of July, August, and September, divided by 3.
(e) Before January 1 of each
year, the executive director must calculate the amount of the cost-of-living
adjustment by dividing the most recent average third quarter index value by the
same average third quarter index value from the previous year, subtract one
from the resulting quotient, and express the result as a percentage amount,
which must be rounded to the nearest one-tenth of one percent. The final amount
may not be a negative number and may not exceed 2.5 percent if the rate of
investment return of the retirement fund either for the most recent fiscal year
or for the most recent five-year period, each calculated under the formula
specified in section 11A.04, clause (11), is less than 8.5 percent and may not
exceed 5.0 percent if the rate of investment return of the retirement fund both
for the most recent fiscal year and for the most recent five-year period, each
calculated under the formula specified in section 11A.04, clause (11), are
equal to or greater than 8.5 percent.
(f) The amount calculated under
paragraph (b) is the full cost-of-living adjustment to be applied as a
permanent increase to the regular payment of each eligible member on January 1
of the next calendar year. For any eligible member whose effective date of
benefit commencement occurred during the calendar year before the
cost-of-living
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6733
adjustment is applied, the
full increase amount must be prorated on the basis of whole calendar quarters
in benefit payment status in the calendar year prior to the January 1 on which
the cost-of-living adjustment is applied, calculated to the third decimal
place.
(g) This pilot
postretirement adjustment program does not constitute a precedent for this or
any other retirement plan.
Sec. 2. MANDATED STUDY AND REPORT ON SPTRFA POSTRETIREMENT ADJUSTMENT
EXPERIENCE.
(a) The Legislative
Commission on Pensions and Retirement shall study the experience of the St.
Paul Teachers Retirement Fund Association under the temporary postretirement
adjustment mechanism under section 1 and shall consider any proposals or
analyses presented by other Minnesota public retirement plans regarding
potential or proposed postretirement adjustment mechanism changes. Following
the completion of its study, on or before January 15, 2009, the Legislative
Commission on Pensions and Retirement shall report to the chair of the house
Committee on Governmental Operations, Reform Technology and Elections, the
chair of the house Committee on Finance, the chair of the senate Committee on
State and Local Governmental Operations, and the chair of the senate Committee
on Finance its findings and recommendations regarding a possible continuation,
modification, or elimination of the temporary mechanism specified in section 1.
(b) For fiscal years 2007
and 2008, in addition to the regular actuarial valuation prepared under
Minnesota Statutes, section 356.215, the St. Paul Teachers Retirement Fund
Association shall have prepared and shall file with the Legislative Commission
on Pensions and Retirement a supplemental actuarial valuation report providing
comparative data on the funded status, actuarial requirements, contribution
sufficiency or deficiency, and any other relevant results if the temporary
postretirement adjustment mechanism under section 1 were a permanent mechanism.
This report must be submitted for inclusion in the study required under
paragraph (a)."
Page 135, lines 11 and 13,
after "Midwest" insert "Forensic"
Page 135, lines 12 and 14,
delete "Incorporated" and insert "P.A."
Renumber the sections in
sequence and correct the internal references
Amend the title as follows:
Page 1, delete line 7
Page 1, line 8, delete
"annuities;"
Page 1, line 23, delete
everything after the semicolon and insert "establishing a pilot
postretirement adjustment; requiring a study and report"
Page 1, delete lines 24 and
25
Page 1, line 26, delete
everything before the semicolon
Correct the title numbers
accordingly
With the recommendation that
when so amended the bill pass.
The report was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6734
Lenczewski
from the Committee on Taxes to which was referred:
H. F.
No. 2285, A bill for an act relating to constitutional amendments; proposing an
amendment to the Minnesota Constitution, article XI; increasing the sales tax
rate by three-eighths of one percent and dedicating the receipts for natural
resource and cultural heritage purposes; creating a natural heritage fund;
creating a parks and trails fund; creating a clean water fund; creating a
sustainable drinking water fund; creating an arts and cultural heritage fund;
amending Minnesota Statutes 2006, sections 114D.20, subdivision 6; 114D.30,
subdivision 6; 114D.45; 297A.62, subdivision 1; 297A.94; 297B.02, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 85; 97A; 103H;
129D.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
Sertich
from the Committee on Rules and Legislative Administration to which was
referred:
H. F.
No. 2479, A bill for an act relating to legislative enactments; correcting miscellaneous
oversights, inconsistencies, ambiguities, unintended results, and technical
errors; amending Minnesota Statutes 2006, section 523.24, subdivision 9.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
S. F.
No. 997, A bill for an act relating to energy; modifying or adding provisions
relating to energy conservation improvement programs and funding, electric
utility infrastructure cost recovery, the state energy conservation goal,
energy savings goals and programs, energy conservation improvement costs
recovery and incentive plans, a decoupling rate mechanism for utilities, energy
efficiency contracts, energy audit programs, and residential energy covenants;
abolishing rules relating to residential energy conservation programs and
energy audits of rental buildings; amending Minnesota Statutes 2006, sections
123B.65, subdivision 2; 216B.16, subdivisions 1, 6b; 216B.241; 216C.31; 471.345,
subdivision 13; 504B.161, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 216B; 216C; repealing Minnesota Statutes 2006,
sections 216B.165; 216C.27; 216C.30, subdivision 5; Minnesota Rules, parts
7635.0100; 7635.0110; 7635.0120; 7635.0130; 7635.0140; 7635.0150; 7635.0160;
7635.0170; 7635.0180; 7635.0200; 7635.0210; 7635.0220; 7635.0230; 7635.0240;
7635.0250; 7635.0260; 7635.0300; 7635.0310; 7635.0320; 7635.0330; 7635.0340;
7635.0400; 7635.0410; 7635.0420; 7635.0500; 7635.0510; 7635.0520; 7635.0530;
7635.0600; 7635.0610; 7635.0620; 7635.0630; 7635.0640; 7635.1000; 7635.1010;
7635.1020; 7635.1030; 7655.0100; 7655.0120; 7655.0200; 7655.0210; 7655.0220;
7655.0230; 7655.0240; 7655.0250; 7655.0260; 7655.0270; 7655.0280; 7655.0290; 7655.0300;
7655.0310; 7655.0320; 7655.0330; 7655.0400; 7655.0410; 7655.0420.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6735
Solberg from the Committee
on Ways and Means to which was referred:
S. F. No. 1753, A bill for
an act relating to airports; creating an advisory task force to study airport
funding issues and the state airports fund; requiring a report; appropriating
money.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. AIRPORT FUNDING ADVISORY TASK FORCE.
Subdivision 1. Task force established. An advisory task force on airport
funding issues is established to study and make recommendations regarding the
best methods for funding airports in the state and the state airports fund. The
task force shall study:
(1) the adequacy of current
sources of revenue for the state airports fund and airports in the state;
(2) policy considerations
regarding the use of the sales tax on aircraft as a potential source of revenue
for airports;
(3) how other states fund
airports;
(4) projected aviation needs
of the future, including required investments in aviation infrastructure;
(5) aircraft registration
taxes; and
(6) other issues relating to
the funding of airports as determined by the task force.
Subd. 2. Membership. (a) The task force is comprised of the
following members:
(1) two members of the
senate tax committee, appointed by the chair of the tax committee; and
(2) two members of the house
of representatives tax committee, appointed by the chair of the tax committee.
The appointing authorities must
select members based on knowledge and experience in taxes or aviation funding
issues. All appointments required by this paragraph must be completed by
September 1, 2007. The chair of the task force shall be elected by the members
appointed by the chairs of the house of representatives and senate tax
committees at the first meeting of the task force.
(b) The chair of the task
force may appoint additional nonvoting members to the task force, including,
but not limited to, representatives of the following organizations or entities:
(1) a person appointed by
the commissioner from the Department of Transportation Office of Aeronautics;
(2) the Aircraft Owners and
Pilots Association;
(3) the Experimental
Aircraft Association/ACAA;
(4) the Metropolitan
Airports Commission;
(5) the Minnesota Aviation
Trades Association;
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6736
(6)
the Minnesota Business Aviation Association;
(7)
the Minnesota Council of Airports;
(8)
the Minnesota Seaplane Pilots Association;
(9)
the National Business Aviation Association; and
(10)
municipalities that own or operate airports.
(c)
The director of the Office of Aeronautics in the Department of Transportation shall
convene the first meeting of the task force.
Subd.
3. Report. By February 15, 2008,
the task force shall report its recommendations to the chairs of the
legislative committees with jurisdiction over airports and aviation issues and
to the legislature as required by Minnesota Statutes, section 3.195.
Subd.
4. Expenses. Per diem and
expenses for legislative members of the task force are as provided for under
Minnesota Statutes, section 15.059. Other members of the task force may not
receive per diem or expenses.
Subd.
5. Expiration. This section
expires after the submission of the report as required under subdivision 3.
Sec.
2. WILLMAR AIRPORT.
(a)
Notwithstanding any law, rule, or agreement to the contrary, the commissioner
of transportation may enter into an agreement with the city of Willmar to allow
funds granted by the state for land acquisition purposes at the city's former
airport to instead be used by June 30, 2012, as the state's share of funds for
eligible aeronautical purposes at the city's new airport.
(b)
Funds not spent pursuant to paragraph (a) by June 30, 2012, must be paid to the
commissioner of transportation and deposited in the state airports fund.
Sec.
3. APPROPRIATION.
$200,000
is appropriated from the state airports fund in fiscal year 2008 to the
Legislative Coordinating Commission for the administrative expenses of the task
force created in section 1 and for other costs relating to the preparation of
the report required under section 1, including the costs of hiring a consultant,
if needed. Any remaining amount of this appropriation shall revert to the state
airports fund.
Sec.
4. EFFECTIVE DATE.
Sections
1 and 3 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to airports; creating an advisory task force to study
airport funding issues and the state airports fund; authorizing agreement
relating to Willmar airport; requiring a report; appropriating money."
With
the recommendation that when so amended the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6737
SECOND READING OF HOUSE BILLS
H. F. Nos. 1978 and 2479 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 997 and 1753 were read for the second time.
Simon 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 Speaker pro
tempore Juhnke.
Atkins was excused between the hours of 7:00 p.m. and 10:20
p.m.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Solberg from the Committee
on Ways and Means to which was referred:
H. F. No. 2285, A bill for
an act relating to constitutional amendments; proposing an amendment to the
Minnesota Constitution, article XI; increasing the sales tax rate by
three-eighths of one percent and dedicating the receipts for natural resource
and cultural heritage purposes; creating a natural heritage fund; creating a
parks and trails fund; creating a clean water fund; creating a sustainable
drinking water fund; creating an arts and cultural heritage fund; amending
Minnesota Statutes 2006, sections 114D.20, subdivision 6; 114D.30, subdivision
6; 114D.45; 297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 85; 97A; 103H; 129D.
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.
CALENDAR FOR THE DAY
S. F. No. 563 was reported to the House.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6738
Bly moved to amend S. F. No.
563, the first engrossment, as follows:
Page 1, delete section 1
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 563, A bill for an act relating to energy; requiring
development of an economic strategy to maximize state economic development benefits
from the renewable electric energy industry; regulating the Legislative
Electric Energy Task Force; amending Minnesota Statutes 2006, section 216C.051,
subdivision 9.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 106 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Buesgens
Dean
DeLaForest
Dettmer
Eastlund
Emmer
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kohls
Lanning
Olson
Peppin
Severson
Shimanski
Simpson
Sviggum
Zellers
The bill was passed, as amended, and its title agreed to.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6739
S. F. No. 1556, A bill for an act relating to state government;
changing terminology for Office of Enterprise Technology; amending Minnesota
Statutes 2006, sections 16E.15, subdivision 2; 16E.18, subdivisions 2, 3, 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
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
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.
S. F. No. 241 was reported to the House.
Mullery, Zellers, Olin and
Emmer moved to amend S. F. No. 241, the third engrossment, as follows:
Page 1, line 21, delete
everything after the period
Page 1, delete lines 22 and
23
Page 2, delete section 4 and
insert:
"Sec. 4. Minnesota
Statutes 2006, section 541.051, is amended to read:
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6740
541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES OR
CONSTRUCTION TO IMPROVE REAL PROPERTY.
Subdivision 1. Limitation; service or construction of real
property; improvements. (a) Except where fraud is involved, no action by
any person in contract, tort, or otherwise to recover damages for any injury to
property, real or personal, or for bodily injury or wrongful death, arising out
of the defective and unsafe condition of an improvement to real property, nor
any action for contribution or indemnity for damages sustained on account of
the injury, shall be brought against any person performing or furnishing
the design, planning, supervision, materials, or observation of construction or
construction of the improvement to real property or against the owner of the
real property more than two years after discovery of the injury or, in the
case of an action for contribution or indemnity, accrual of the cause of action,
nor, in any event shall such a cause of action accrue more than ten
years after substantial completion of the construction. Date of substantial
completion shall be determined by the date when construction is sufficiently
completed so that the owner or the owner's representative can occupy or use the
improvement for the intended purpose.
(b) Notwithstanding
paragraph (a), an action for contribution or indemnity arising out of the
defective and unsafe condition of an improvement to real property may be
brought no later than two years after the cause of action for contribution or
indemnity has accrued, regardless of whether it accrued before or after the
ten-year period referenced in paragraph (a).
(c) For purposes of paragraph
(a), a cause of action accrues upon discovery of the injury or,;
provided, however, in the case of an action for contribution or indemnity
under paragraph (b), upon a cause of action accrues upon the
earlier of commencement of the action against the party seeking contribution or
indemnity, or payment of a final judgment, arbitration award, or settlement
arising out of the defective and unsafe condition.
(c) (d) Nothing in this section
shall apply to actions for damages resulting from negligence in the
maintenance, operation or inspection of the real property improvement against
the owner or other person in possession.
(d) (e) The limitations prescribed
in this section do not apply to the manufacturer or supplier of any equipment
or machinery installed upon real property.
Subd. 2. Action allowed; limitation.
Notwithstanding the provisions of subdivision 1, paragraph (a), in the
case of an a cause of action which accrues during the ninth or
tenth year after substantial completion of the construction, an action to
recover damages may be brought within two years after the date on which the cause
of action accrued, but in no event may such an action be brought
more than 12 years after substantial completion of the construction. Nothing
in this subdivision shall limit the time for bringing an action for
contribution or indemnity.
Subd. 3. Not construed. Nothing in this section shall
be construed as extending the period prescribed by the laws of this state for
the bringing of any action.
Subd. 4. Applicability. For the purposes of
actions based on breach of the statutory warranties set forth in section
327A.02, or to actions based on breach of an express written warranty, such
actions shall be brought within two years of the discovery of the breach. In
the case of an action under section 327A.05, which accrues during the ninth or
tenth year after the warranty date, as defined in section 327A.01, subdivision
8, an action may be brought within two years of the discovery of the breach,
but in no event may an action under section 327A.05 be brought more than 12
years after the effective warranty date. An action for contribution or indemnity
arising out of actions described in this subdivision may be brought no later
than two years after the earlier of commencement of the action against the
party seeking contribution or indemnity, or payment of a final judgment,
arbitration award, or settlement arising out of the breach.
EFFECTIVE DATE. This section is
effective retroactively from June 30, 2006."
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6741
Page 4, line 16, before the
period, insert "at the time of sale"
Page 5, line 13, before the
period, insert "at the time of sale"
Page 8, line 1, after
"interest" insert ", on the amount of the sale in excess of
the homestead exemption,"
The motion prevailed and the amendment was adopted.
S. F. No. 241, A bill for an act relating to commerce;
prohibiting sale of certain information arising from a mortgage loan
application; regulating homestead exemptions and the enforcement of judgments
involving the sale of homestead property; providing limitations on actions for
damages based on services or construction to improve real property; regulating
the redemption of mortgaged lands by creditors; amending Minnesota Statutes
2006, sections 13C.01, by adding a subdivision; 510.02; 510.05; 541.051; 550.175,
subdivisions 1, 4, by adding a subdivision; 550.18; 550.19; 550.22; 550.24;
580.24; proposing coding for new law in Minnesota Statutes, chapter 550.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 2 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Solberg
Sviggum
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
Smith
The bill was passed, as amended, and its title agreed to.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6742
S. F. No. 1597, A bill for an act relating to state employees; streamlining
the registration process for organizations to participate in the state employee
combined charities campaign; amending Minnesota Statutes 2006, sections
16A.134; 43A.04, subdivision 13; proposing coding for new law in Minnesota
Statutes, chapter 43A; repealing Minnesota Statutes 2006, section 309.501.
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
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
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.
S. F. No. 1533 was reported to the House.
Mullery moved to amend S. F. No. 1533, the
second engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1209, the first engrossment:
"Section
1. Minnesota Statutes 2006, section 325N.01, is amended to read:
325N.01 DEFINITIONS.
The definitions
in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6743
(a)
"Foreclosure consultant" means any person who, directly or
indirectly, makes any solicitation, representation, or offer to any owner to
perform for compensation or who, for compensation, performs any service which
the person in any manner represents will in any manner do any of the following:
(1)
stop or postpone the foreclosure sale;
(2)
obtain any forbearance from any beneficiary or mortgagee;
(3)
assist the owner to exercise the right of reinstatement provided in section
580.30;
(4)
obtain any extension of the period within which the owner may reinstate the
owner's obligation;
(5)
obtain any waiver of an acceleration clause contained in any promissory note or
contract secured by a mortgage on a residence in foreclosure or contained in
the mortgage;
(6)
assist the owner in foreclosure or loan default to obtain a loan or advance of
funds;
(7) avoid
or ameliorate the impairment of the owner's credit resulting from the recording
of a notice of default or the conduct of a foreclosure sale; or
(8)
save the owner's residence from foreclosure.
(b) A foreclosure
consultant does not include any of the following:
(1) a
person licensed to practice law in this state when the person renders service
in the course of his or her practice as an attorney-at-law;
(2) a
person licensed as a debt prorater under sections 332.12 to 332.29, when the
person is acting as a debt prorater as defined in these sections;
(3) a
person licensed as a real estate broker or salesperson under chapter 82 when
the person engages in acts whose performance requires licensure under that
chapter unless the person is engaged in offering services designed to, or
purportedly designed to, enable the owner to retain possession of the residence
in foreclosure;
(4) a
person licensed as an accountant under chapter 326A when the person is acting
in any capacity for which the person is licensed under those provisions;
(5) a
person or the person's authorized agent acting under the express authority or
written approval of the Department of Housing and Urban Development or other
department or agency of the United States or this state to provide services;
(6) a
person who holds or is owed an obligation secured by a lien on any residence in
foreclosure when the person performs services in connection with this
obligation or lien if the obligation or lien did not arise as the result of or
as part of a proposed foreclosure reconveyance;
(7)
any person or entity doing business under any law of this state, or of the
United States relating to banks, trust companies, savings and loan
associations, industrial loan and thrift companies, regulated lenders, credit
unions, insurance companies, or a mortgagee which is a United States Department
of Housing and Urban Development approved mortgagee and any subsidiary or
affiliate of these persons or entities, and any agent or employee of these
persons or entities while engaged in the business of these persons or entities;
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6744
(8) a
person licensed as a residential mortgage originator or servicer pursuant to
chapter 58, when acting under the authority of that license or a foreclosure
purchaser as defined in section 325N.10;
(9) a
nonprofit agency or organization that offers counseling or advice to an owner
of a home in foreclosure or loan default if they do not contract for services
with for-profit lenders or foreclosure purchasers; and
(10) a
judgment creditor of the owner, to the extent that the judgment creditor's
claim accrued prior to the personal service of the foreclosure notice required
by section 580.03, but excluding a person who purchased the claim after such
personal service; and
(11)
a foreclosure purchaser as defined in section 325N.10.
(c)
"Foreclosure reconveyance" means a transaction involving:
(1) the
transfer of title to real property by a foreclosed homeowner during a
foreclosure proceeding, either by transfer of interest from the foreclosed
homeowner or by creation of a mortgage or other lien or encumbrance during the
foreclosure process that allows the acquirer to obtain title to the property by
redeeming the property as a junior lienholder; and
(2)
the subsequent conveyance, or promise of a subsequent conveyance, of an
interest back to the foreclosed homeowner by the acquirer or a person acting in
participation with the acquirer that allows the foreclosed homeowner to possess
either the residence in foreclosure or any other real property following
the completion of the foreclosure proceeding, which interest includes, but
is not limited to, an interest in a contract for deed, purchase agreement,
option to purchase, or lease.
(d)
"Person" means any individual, partnership, corporation, limited
liability company, association, or other group, however organized.
(e)
"Service" means and includes, but is not limited to, any of the
following:
(1)
debt, budget, or financial counseling of any type;
(2)
receiving money for the purpose of distributing it to creditors in payment or
partial payment of any obligation secured by a lien on a residence in foreclosure;
(3)
contacting creditors on behalf of an owner of a residence in foreclosure;
(4)
arranging or attempting to arrange for an extension of the period within which
the owner of a residence in foreclosure may cure the owner's default and
reinstate his or her obligation pursuant to section 580.30;
(5)
arranging or attempting to arrange for any delay or postponement of the time of
sale of the residence in foreclosure;
(6)
advising the filing of any document or assisting in any manner in the preparation
of any document for filing with any bankruptcy court; or
(7)
giving any advice, explanation, or instruction to an owner of a residence in
foreclosure, which in any manner relates to the cure of a default in or the
reinstatement of an obligation secured by a lien on the residence in
foreclosure, the full satisfaction of that obligation, or the postponement or
avoidance of a sale of a residence in foreclosure, pursuant to a power of sale
contained in any mortgage.
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(f) "Residence in
foreclosure" means residential real property consisting of one to four
family dwelling units, one of which the owner occupies as his or her principal
place of residence, and against which there is an outstanding notice of
pendency of foreclosure, recorded pursuant to section 580.032, or against which
a summons and complaint has been served under chapter 581 where there is
a delinquency or default on any loan payment or debt secured by or attached to
the residential real property including, but not limited to, contract for deed
payments.
(g) "Owner" means
the record owner of the residential real property in foreclosure at the time
the notice of pendency was recorded, or the summons and complaint served.
(h) "Contract"
means any agreement, or any term in any agreement, between a foreclosure
consultant and an owner for the rendition of any service as defined in
paragraph (e).
Sec. 2. Minnesota Statutes
2006, section 325N.03, is amended to read:
325N.03 CONTRACT.
(a) Every contract must be
in writing and must fully disclose the exact nature of the foreclosure
consultant's services and the total amount and terms of compensation.
(b) The following notice,
printed in at least 14-point boldface type and completed with the name of the
foreclosure consultant, must be printed immediately above the statement
required by paragraph (c):
"NOTICE
REQUIRED BY MINNESOTA LAW
.........................(Name)
or anyone working for him or her CANNOT:
(1) Take any money from you
or ask you for money until ........................(Name) has completely
finished doing everything he or she said he or she would do; and
(2) Ask you to sign or have
you sign any lien, mortgage, or deed."
(c) The contract must be
written in the same language as principally used by the foreclosure consultant
to describe his or her services or to negotiate the contract, must be dated and
signed by the owner, and must contain in immediate proximity to the space
reserved for the owner's signature a conspicuous statement in a size equal to
at least 10-point boldface type, as follows:
"You, the owner, may
cancel this transaction at any time prior to midnight of the third business day
after the date of this transaction. See the attached notice of cancellation
form for an explanation of this right."
(d) The notice of
cancellation must contain, and the contract must contain on the first page,
in a type size no smaller than that generally used in the body of the document,
each of the following:
(1) the name and physical
address of the foreclosure consultant to which the notice of cancellation
is to be mailed or otherwise delivered. A post office box does not
constitute a physical address. A post office box may be designated for delivery
by mail only if it is accompanied by a physical address at which the notice
could be delivered by a method other than mail. An e-mail address may be
included, in addition to the physical address; and
(2) the date the owner
signed the contract.
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(e) Cancellation occurs when the foreclosed homeowner delivers, by
any means, written notice of cancellation to the address specified in the contract.
If cancellation is mailed, delivery is effective upon mailing. If e-mailed,
cancellation is effective upon transmission. The contract must be
accompanied by a completed form in duplicate, captioned "notice of
cancellation," which must be attached to the contract, must be easily
detachable, and must contain in at least 10-point type the following statement
written in the same language as used in the contract:
"NOTICE OF CANCELLATION
...............................................................................................................
(Enter date of transaction)
(Date)
You may
cancel this transaction, without any penalty or obligation, within three
business days from the above date.
To
cancel this transaction, you may use any of the following methods: (1)
mail or otherwise deliver a signed and dated copy of this cancellation
notice, or any other written notice of cancellation; or (2) e-mail a notice
of cancellation
to
..........................................................................................................
(Name of foreclosure consultant)
at
...........................................................................................................
(Physical
address of foreclosure consultant's place of business)
...............................................................................................................
(E-mail
address of foreclosure consultant's place of business)
NOT
LATER THAN MIDNIGHT OF ..............................................
(Date)
I hereby cancel this transaction ......................................................
(Date)
...............................................................................................................
(Owner's signature)"
(f) The foreclosure consultant shall provide the
owner with a copy of the contract and the attached notice of cancellation
immediately upon execution of the contract.
(g) The three business days during which the owner
may cancel the contract shall not begin to run until the foreclosure consultant
has complied with this section.
Sec. 3. Minnesota Statutes 2006, section 325N.04, is
amended to read:
325N.04 VIOLATIONS.
It is a violation for a foreclosure consultant to:
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(1) claim, demand, charge, collect, or receive any
compensation until after the foreclosure consultant has fully performed each
and every service the foreclosure consultant contracted to perform or
represented he or she would perform;
(2) claim, demand, charge, collect, or receive any
fee, interest, or any other compensation for any reason which exceeds eight
percent per annum of the amount of any loan which the foreclosure consultant
may make to the owner. Such a loan must not, as provided in clause (3), be
secured by the residence in foreclosure or any other real or personal property;
(3) take any wage assignment, any lien of any type
on real or personal property, or other security to secure the payment of
compensation. Any such security is void and unenforceable;
(4) receive any consideration from any third party
in connection with services rendered to an owner unless the consideration is
first fully disclosed to the owner;
(5) acquire any interest, directly or indirectly, or
by means of a subsidiary or affiliate in a residence in foreclosure from an
owner with whom the foreclosure consultant has contracted;
(6) take any power of attorney from an owner for any
purpose, except to inspect documents as provided by law; or
(7) induce or attempt to induce any owner to enter a
contract which does not comply in all respects with sections 325N.02 and
325N.03.
Sec. 4. Minnesota Statutes 2006, section 325N.10,
subdivision 3, is amended to read:
Subd. 3. Foreclosure
reconveyance. "Foreclosure reconveyance" means a transaction
involving:
(1) the transfer of title to real property by a
foreclosed homeowner during a foreclosure proceeding, either by transfer of
interest from the foreclosed homeowner or by creation of a mortgage or other
lien or encumbrance during the foreclosure process that allows the acquirer to
obtain title to the property by redeeming the property as a junior lienholder;
and
(2) the subsequent conveyance, or promise of a
subsequent conveyance, of an interest back to the foreclosed homeowner by the
acquirer or a person acting in participation with the acquirer that allows the
foreclosed homeowner to possess either the residence in foreclosure
or other real property following the completion of the foreclosure
proceeding, which interest includes, but is not limited to, an interest in
a contract for deed, purchase agreement, option to purchase, or lease.
Sec. 5. Minnesota Statutes 2006, section 325N.10,
subdivision 4, is amended to read:
Subd. 4. Foreclosure
purchaser. "Foreclosure purchaser" means a person that has acted
as the acquirer in more than one a foreclosure reconveyance during
any 24-month period. Foreclosure purchaser also includes a person that has
acted in joint venture or joint enterprise with one or more acquirers in more
than one a foreclosure reconveyance during any 24-month period.
A foreclosure purchaser does not include: (i) a natural person who shows
that the natural person is not in the business of foreclosure purchasing and
has a prior personal relationship with the foreclosed homeowner, or (ii) a federal
or state chartered bank, savings bank, thrift, or credit union is not a
foreclosure purchaser.
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Sec. 6. Minnesota Statutes 2006, section 325N.10, is
amended by adding a subdivision to read:
Subd. 7. Residence
in foreclosure. "Residence in foreclosure" means
residential real property consisting of one to four family dwelling units, one
of which the owner occupies as the owner's principal place of residence, where
there is a delinquency or default on any loan payment or debt secured by or
attached to the residential real property, including, but not limited to,
contract for deed payments.
Sec. 7. Minnesota Statutes 2006, section 325N.13, is
amended to read:
325N.13 CONTRACT CANCELLATION.
(a) In addition to any other right of rescission,
the foreclosed homeowner has the right to cancel any contract with a
foreclosure purchaser until midnight of the fifth business day following the
day on which the foreclosed homeowner signs a contract that complies with
sections 325N.10 to 325N.15 or until 8:00 a.m. on the last day of the period
during which the foreclosed homeowner has a right of redemption, whichever
occurs first.
(b) Cancellation occurs when the foreclosed homeowner
delivers, by any means, written notice of cancellation to the address
specified in the contract, provided that, at a minimum, the contract and
the notice of cancellation must contain a physical address to which notice of
cancellation may be mailed or otherwise delivered. A post office box may be
designated for delivery by mail only if it is accompanied by a physical address
at which the notice could be delivered by a method other than mail. An e-mail
address may be provided in addition to the physical address. If cancellation is
mailed, delivery is effective upon mailing. If e-mailed, cancellation is
effective upon transmission.
(c) A notice of cancellation given by the foreclosed
homeowner need not take the particular form as provided with the contract.
(d) Within ten days following receipt of a notice of
cancellation given in accordance with this section, the foreclosure purchaser
shall return without condition any original contract and any other documents
signed by the foreclosed homeowner.
Sec. 8. Minnesota Statutes 2006, section 325N.14, is
amended to read:
325N.14 NOTICE OF
CANCELLATION.
(a) The contract must contain in immediate proximity
to the space reserved for the foreclosed homeowner's signature a conspicuous
statement in a size equal to at least 14-point boldface type, if the contract
is printed, or in capital letters, if the contract is typed, as follows:
"You may cancel this contract for the sale of your house without
any penalty or obligation at any time before
...............................................................................................................
(Date and time of day)
See the attached notice of cancellation form for an explanation of this
right."
The foreclosure purchaser
shall accurately enter the date and time of day on which the cancellation right
ends.
(b) The contract must be accompanied by a completed form in duplicate,
captioned "notice of cancellation" in a size equal to a 12-point
boldface type if the contract is printed, or in capital letters, if the
contract is typed, followed by a space in which the foreclosure purchaser shall
enter the date on which the foreclosed homeowner executes any
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the contract. This form must be
attached to the contract, must be easily detachable, and must contain in type
of at least 10 points, if the contract is printed or in capital letters if the
contract is typed, the following statement written in the same language as used
in the contract:
"NOTICE OF CANCELLATION
...............................................................................................................
(Enter date contract signed)
You may cancel this contract for the sale of your house, without any
penalty or obligation, at any time before
...............................................................................................................
(Enter date and time of day)
To cancel this transaction, personally you may use any of the
following methods: (1) mail or otherwise deliver a signed and dated copy of
this cancellation notice; or (2) e-mail a notice of cancellation to
...............................................................................................................
(Name of purchaser)
at ...........................................................................................................
(Street Physical address of purchaser's place of
business)
...............................................................................................................
(E-mail address of foreclosure consultant's place of
business)
NOT LATER THAN ..........................................................................
(Enter date and time of day)
I hereby cancel this transaction ......................................................
(Date)
...............................................................................................................
(Seller's signature)"
(c) The foreclosure purchaser shall provide the
foreclosed homeowner with a copy of the contract and the attached notice of
cancellation at the time the contract is executed by all parties.
(d) The five business days during which the
foreclosed homeowner may cancel the contract must not begin to run until all
parties to the contract have executed the contract and the foreclosure
purchaser has complied with this section.
Sec. 9. Minnesota Statutes 2006, section 325N.17, is
amended to read:
325N.17 PROHIBITED
PRACTICES.
A foreclosure purchaser shall not:
(a) enter into, or attempt to enter into, a
foreclosure reconveyance with a foreclosed homeowner unless:
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(1) the foreclosure
purchaser verifies and can demonstrate that the foreclosed homeowner has a
reasonable ability to pay for the subsequent conveyance of an interest back to
the foreclosed homeowner. In the case of a lease with an option to purchase,
payment ability also includes the reasonable ability to make the lease payments
and purchase the property within the term of the option to purchase. There is a
rebuttable presumption that a homeowner is reasonably able to pay for the
subsequent conveyance if the owner's payments for primary housing expenses and
regular principal and interest payments on other personal debt, on a monthly
basis, do not exceed 60 percent of the owner's monthly gross income. For the
purposes of this section, "primary housing expenses" means the sum of
payments for regular principal, interest, rent, utilities, hazard insurance,
real estate taxes, and association dues. There is a rebuttable presumption that
the foreclosure purchaser has not verified reasonable payment ability if the
foreclosure purchaser has not obtained documents other than a statement by the
foreclosed homeowner of assets, liabilities, and income;
(2) the foreclosure
purchaser and the foreclosed homeowner complete a closing for any foreclosure
reconveyance in which the foreclosure purchaser obtains a deed or mortgage from
a foreclosed homeowner. For purposes of this section, "closing" means
an in-person meeting to complete final documents incident to the sale of the
real property or creation of a mortgage on the real property conducted by a
closing agent, as defined in section 82.17, who is not employed by or an
affiliate of the foreclosure purchaser, or employed by such an affiliate,
and who does not have a business or personal relationship with the foreclosure
purchaser other than the provision of real estate settlement services;
(3) the foreclosure
purchaser obtains the written consent of the foreclosed homeowner to a grant by
the foreclosure purchaser of any interest in the property during such times as
the foreclosed homeowner maintains any interest in the property; and
(4) the foreclosure
purchaser complies with the requirements of for disclosure, loan
terms, and conduct in the federal Home Ownership Equity Protection Act,
United States Code, title 15, section 1639, or its implementing regulation,
Code of Federal Regulations, title 12, sections 226.31 to, 226.32,
and 226.34, for any foreclosure reconveyance in which the foreclosed
homeowner obtains a vendee interest in a contract for deed, regardless of
whether the terms of the contract for deed meet the annual percentage rate or
points and fees requirements for a covered loan in Code of Federal Regulations,
title 12, sections 226.32 (a) and (b);
(b) fail to either:
(1) ensure that title to the
subject dwelling has been reconveyed to the foreclosed homeowner; or
(2) make a payment to the
foreclosed homeowner such that the foreclosed homeowner has received
consideration in an amount of at least 82 percent of the fair market value of
the property within 150 days of either the eviction or voluntary relinquishment
of possession of the dwelling by the foreclosed homeowner. The foreclosure
purchaser shall make a detailed accounting of the basis for the payment amount,
or a detailed accounting of the reasons for failure to make a payment,
including providing written documentation of expenses, within this 150-day
period. The accounting shall be on a form prescribed by the attorney general,
in consultation with the commissioner of commerce, without being subject to the
rulemaking procedures of chapter 14. For purposes of this provision, the
following applies:
(i) there is a rebuttable
presumption that an appraisal by a person licensed or certified by an agency of
the federal government or this state to appraise real estate constitutes the
fair market value of the property;
(ii) the time for
determining the fair market value amount shall be determined in the foreclosure
reconveyance contract as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states that the fair market
value shall be determined at the time of resale, the fair market value shall be
the resale price if it is sold within 120 days of the eviction or voluntary
relinquishment of the property by the foreclosed
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homeowner. If the contract
states that the fair market value shall be determined at the time of resale,
and the resale is not completed within 120 days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner, the fair market
value shall be determined by an appraisal conducted during this 120-day period
and payment, if required, shall be made to the homeowner, but the fair market
value shall be recalculated as the resale price on resale and an additional
payment amount, if appropriate based on the resale price, shall be made to the
foreclosed homeowner within 15 days of resale, and a detailed accounting of the
basis for the payment amount, or a detailed accounting of the reasons for
failure to make additional payment, shall be made within 15 days of resale,
including providing written documentation of expenses. The accounting shall be
on a form prescribed by the attorney general, in consultation with the
commissioner of commerce, without being subject to the rulemaking procedures of
chapter 14;
(iii)
"consideration" shall mean any payment or thing of value provided to
the foreclosed homeowner, including unpaid rent or contract for deed payments
owed by the foreclosed homeowner prior to the date of eviction or voluntary
relinquishment of the property, reasonable costs paid to third parties
necessary to complete the foreclosure reconveyance transaction, payment of
money to satisfy a debt or legal obligation of the foreclosed homeowner, or the
reasonable cost of repairs for damage to the dwelling caused by the foreclosed
homeowner; or a penalty imposed by a court for the filing of a frivolous
claim under section 325N.18, subdivision 6, but
(iv)
"consideration" shall not include amounts imputed as a down payment
or fee to the foreclosure purchaser, or a person acting in participation with
the foreclosure purchaser, incident to a contract for deed, lease, or option to
purchase entered into as part of the foreclosure reconveyance, except for
reasonable costs paid to third parties necessary to complete the foreclosure
reconveyance;
(c) enter into repurchase or
lease terms as part of the subsequent conveyance that are unfair or
commercially unreasonable, or engage in any other unfair conduct;
(d) represent, directly or
indirectly, that:
(1) the foreclosure
purchaser is acting as an advisor or a consultant, or in any other manner
represents that the foreclosure purchaser is acting on behalf of the homeowner;
(2) the foreclosure
purchaser has certification or licensure that the foreclosure purchaser does
not have, or that the foreclosure purchaser is not a member of a licensed
profession if that is untrue;
(3) the foreclosure
purchaser is assisting the foreclosed homeowner to "save the house"
or substantially similar phrase; or
(4) the foreclosure
purchaser is assisting the foreclosed homeowner in preventing a completed
foreclosure if the result of the transaction is that the foreclosed homeowner
will not complete a redemption of the property;
(e) make any other
statements, directly or by implication, or engage in any other conduct that is
false, deceptive, or misleading, or that has the likelihood to cause confusion
or misunderstanding, including, but not limited to, statements regarding the value
of the residence in foreclosure, the amount of proceeds the foreclosed
homeowner will receive after a foreclosure sale, any contract term, or the
foreclosed homeowner's rights or obligations incident to or arising out of the
foreclosure reconveyance; or
(f) do any of the following
until the time during which the foreclosed homeowner may cancel the transaction
has fully elapsed:
(1) accept from any
foreclosed homeowner an execution of, or induce any foreclosed homeowner to
execute, any instrument of conveyance of any interest in the residence in
foreclosure;
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(2) record with the county
recorder or file with the registrar of titles any document, including but not
limited to, any instrument of conveyance, signed by the foreclosed homeowner;
(3) transfer or encumber or
purport to transfer or encumber any interest in the residence in foreclosure to
any third party, provided no grant of any interest or encumbrance is defeated
or affected as against a bona fide purchaser or encumbrance for value and
without notice of a violation of sections 325N.10 to 325N.18, and knowledge on
the part of any such person or entity that the property was "residential
real property in foreclosure" does not constitute notice of a violation of
sections 325N.10 to 325N.18. This section does not abrogate any duty of inquiry
which exists as to rights or interests of persons in possession of the
residential real property in foreclosure; or
(4) pay the foreclosed
homeowner any consideration.
Sec. 10. Minnesota Statutes
2006, section 325N.18, is amended by adding a subdivision to read:
Subd. 6. Stay of eviction action. (a) A court hearing an eviction
action against a foreclosed homeowner must issue an automatic stay, without
imposition of a bond, if a defendant makes a prima facie showing that the
defendant:
(1) has (i) commenced an
action concerning a foreclosure reconveyance; (ii) asserts a defense under
section 504B.121 that the property that is the subject of the eviction action
is also the subject of a foreclosure reconveyance in violation of sections
325N.10 to 325N.17; or (iii) asserts a claim or affirmative defense of fraud,
false pretense, false promise, misrepresentation, misleading statement, or deceptive
practice, in connection with a foreclosure reconveyance;
(2) owned the foreclosed
residence;
(3) conveyed title to the
foreclosed residence to a third party upon a promise that the defendant would
be allowed to occupy the foreclosed residence or other real property in which
the foreclosure purchaser or a person acting in participation with the
foreclosure purchaser has an interest and that the foreclosed residence or
other real property would be the subject of a foreclosure reconveyance; and
(4) since the conveyance,
has continuously occupied the foreclosed residence or other real property in
which the foreclosure purchaser or a person acting in participation with the
foreclosure purchaser has an interest.
For purposes of this
subdivision, notarized affidavits are acceptable means of proof to meet the
defendant's burden. Upon good cause shown, a defendant may request and the
court may grant up to an additional two weeks to produce evidence required to
make the prima facie showing.
(b) A court may award to a
plaintiff a $500 penalty upon a showing that the defendant filed a frivolous
claim or asserted a frivolous defense.
(c) The automatic stay
expires upon the later of:
(1) the failure of the
foreclosed homeowner to commence an action in a court of competent jurisdiction
in connection with a foreclosed reconveyance transaction within 90 days after
the issuance of the stay; or
(2) the issuance of an order
lifting the stay by a court hearing claims related to the foreclosure
reconveyance.
(d) If, after the expiration
of the stay or an order lifting the stay, a court finds that the defendant's
claim or defense was asserted in bad faith and wholly without merit, the court
may impose a sanction against the defendant of $500 plus reasonable attorney
fees.
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Sec. 11. Laws 2004, chapter 263, section 26, is
amended to read:
Sec. 26. EFFECTIVE
DATE; EXPIRATION.
Sections 1 to 18, 22, 23, and 25 are effective
August 1, 2004, and expire December 31, 2009. Sections 19, 20, 21, and
24 are effective July 1, 2004."
The motion prevailed and the amendment was adopted.
Mullery and Howes moved to amend
S. F. No. 1533, the second engrossment, as amended, as follows:
Page 7, line 29, after
"box" insert "does not constitute a physical address.
A post office box"
The motion prevailed and the amendment was adopted.
Mullery, Olin and Emmer
moved to amend S. F. No. 1533, the second engrossment, as amended, as follows:
Page 13, after line 35,
insert:
"Sec. 11. Minnesota
Statutes 2006, section 510.02, is amended to read:
510.02 AREA AND VALUE; HOW LIMITED.
Subdivision 1. Exemption. The homestead may include any quantity of land
not exceeding 160 acres, and not included in the laid out or platted portion
of any city. If the homestead is within the laid out or platted portion of a
city, its area must not exceed one-half of an acre. The value of the homestead
exemption. The exemption per homestead, whether the exemption is
claimed jointly or individually by one or more debtors, may not
exceed $200,000 $300,000 or, if the homestead is used primarily
for agricultural purposes, $500,000 $750,000, exclusive of the
limitations set forth in section 510.05.
Subd. 2. Adjustment of dollar amounts. The dollar amounts in
subdivision 1 must change periodically in the manner provided for under section
550.37, subdivision 4a. The commissioner of commerce shall include the changes
in the dollar amounts as part of the announcement and publication made under
those provisions.
Sec. 12. Minnesota Statutes
2006, section 510.05, is amended to read:
510.05 LIMITATIONS.
Such The amount of the homestead exemption shall
not be reduced by and shall not extend to any mortgage lawfully obtained
thereon, to any valid lien for taxes or assessments, to a claim filed pursuant
to section 256B.15 or section 246.53 or, to any charge arising
under the laws relating to laborers or material suppliers' liens or to any
charge obtained pursuant to a valid waiver of the homestead exemption.
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Sec. 13. Minnesota Statutes
2006, section 550.175, subdivision 1, is amended to read:
Subdivision 1. Order directing sale of real property.
The executing creditor must obtain an order from the court directing a sale
of the real property that includes a homestead before service of the notice of
execution on real property containing the homestead of the debtor. The order
shall contain the following findings:
(1) whether the real
property is the homestead of a nondebtor;
(2) the amount of the
debtor's homestead exemption, if any; and
(3) whether the fair market
value of the real property exceeds the sum of the debtor's homestead exemption
and the present encumbrances.
If the court finds that
there is no nondebtor with a valid homestead interest in the real property and
that the fair market value of the homestead real property exceeds the sum of
the debtor's homestead exemption and the present encumbrances, the court shall
order a sale of the real property for cash or cash equivalents to the extent of
the homestead exemption at the time of sale.
Subd. 1a. Notification of homestead designation. If real property is to be
sold on execution and the property contains a portion of the homestead of the
debtor, the debtor must be notified by the executing creditor that the
homestead may be sold and redeemed separately from the remaining property. The
notice in subdivision 2 must be included in the notice of execution served on
the debtor under section 550.19.
Sec. 14. Minnesota Statutes
2006, section 550.175, subdivision 4, is amended to read:
Subd. 4. Sale of property. (a) If the sheriff
receives a homestead property designation under subdivision 3, the sheriff must
offer and sell the designated homestead property, and the remaining property,
separately, unless the executing creditor denies the right to the exemption,
objects to the property designated, or claims the value exceeds the exemption.
(b) If the executing
creditor is dissatisfied with the homestead property designation or the
debtor's valuation of the property, upon proper motion to the district court of
the county in which any part of the property is located, the executing creditor
is entitled to a court approved designation of the homestead and a court
determination of value. The court shall either approve the debtor's designation
or cause the property to be surveyed and order a homestead designation
consistent with the standards of subdivision 3 and require an appraisal of fair
market value, as applicable. The court's designation of the homestead property
must conform to the debtor's request, to the extent not inconsistent with the
standards of subdivision 3.
(c) The court, in
determining appraised value, shall review any appraisals provided by the debtor
and executing creditor and may require a court appointed independent appraisal.
The appraisals shall evaluate the property's fair market value, net of
reasonable costs of sale.
(d) If the court determines
that the property claimed as a homestead exceeds in value the amount of the
homestead exemption or if the court determines that the property cannot be
divided without material injury, the court shall order the sale of the entire
property, including the designated homestead. Out of the proceeds of the
sale, the court shall pay the debtor the amount of the homestead exemption and
apply the balance of the proceeds of the sale on the execution for cash
or cash equivalents to the extent of the homestead exemption at the time of
sale.
(e) At the sale, no bid may
be accepted unless it exceeds the amount of the homestead exemption. If no bid
exceeds the exemption, the homestead is exempt.
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(f) The cost of any court
ordered survey or appraisal and of the sale must be collected on the execution,
if the debtor designated as the debtor's homestead a greater quantity of
property, property of greater value than the debtor was entitled to, or
designated a parcel that does not meet the standards of subdivision 3. In all
other cases, the costs shall be borne by the executing creditor.
Sec. 15. Minnesota Statutes
2006, section 550.175, is amended by adding a subdivision to read:
Subd. 6. Real property not subject to execution. Real property
that includes a homestead as defined under section 510.01 is not subject to
execution under this chapter if there is a nondebtor with:
(1) homestead rights under
sections 507.02 and 510.01 to 510.04;
(2) rights as a joint tenant
or life tenant; or
(3) rights to take the
homestead under section 524.2-402.
Sec. 16. Minnesota Statutes
2006, section 550.18, is amended to read:
550.18 NOTICE OF SALE.
Before the sale of property
on execution notice shall be given as follows:
(1) if the sale be of
personal property, by giving ten days posted notice of the time and place
thereof;
(2) if the sale be of real
property, on execution or on judgment, by six weeks posted and published notice
of the time and place thereof, describing the property with sufficient
certainty to enable a person of common understanding to identify it.;
and
(3) A judgment creditor
shall record a certified copy of the order directing sale of real property
issued pursuant to section 550.175, if the real property is a homestead, with
the county recorder or registrar of titles as appropriate in the county in which
the real property is located before the first date of publication of the notice
of sale required under clause (2).
An officer who sells without
such notice shall forfeit $100 to the party aggrieved, in addition to paying
actual damages; and a person who before the sale or the satisfaction of the
execution, and without the consent of the parties, takes down or defaces the
notice posted, shall forfeit $50; but the validity of the sale shall not be
affected by either act, either as to third persons or parties to the action.
Sec. 17. Minnesota Statutes
2006, section 550.19, is amended to read:
550.19 SERVICE ON JUDGMENT DEBTOR.
At or before the time of
posting notice of sale, the officer shall serve a copy of the execution and
inventory, and of such notice, upon the judgment debtor, if the debtor be a
resident of the county, in the manner required by law for the service of a
summons in a civil action. A judgment creditor must, at least four weeks before the appointed
time of sale, serve a copy of the notice of sale in like manner as a summons in
a civil action in the district court upon the judgment debtor if the judgment
debtor is a resident of the county and upon any person in possession of the
homestead other than the judgment debtor. In addition, the notice of sale must
also be served upon all persons who have recorded a request for notice in
accordance with section 580.032.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6756
Sec. 18. [550.206] REPORT OF SALE OF HOMESTEAD ON
EXECUTION; CONFIRMATION; RESALE.
Upon sale of a homestead on
execution, the sheriff shall file a report of the sale with the court. Upon the
filing of the report of sale, the court shall grant an order confirming the
sale, or, if it appears upon due examination that justice has not been done,
the court may order a resale on terms the court determines are just. Upon
confirmation of the sale and execution of the certificate of sale, the sheriff
shall hold the amount of the homestead exemption in trust for the judgment
debtor until the debtor vacates the property, or the redemption period expires,
whichever occurs first. The balance of the proceeds of the sale shall be
applied to the execution. The sheriff shall pay any surplus thereafter in the
manner provided in section 580.09.
Sec. 19. Minnesota Statutes
2006, section 550.22, is amended to read:
550.22 CERTIFICATE OF SALE OF REALTY.
When a sale of real property
is made upon execution, or pursuant to a judgment or order of a court, unless otherwise
specified therein, the officer shall execute and deliver to the
purchaser a certificate containing:
(1) a description of the
execution, judgment, or order;
(2) a description of the
property;
(3) the date of the sale and
the name of the purchaser;
(4) the price paid for each
parcel separately;
(5) if subject to
redemption, the time allowed by law therefor;
(6) the amount of the
debtor's homestead exemption, if any, as determined under section 550.175.
Such certificate shall be
executed, acknowledged, and recorded in the manner provided by law for a
conveyance of real property, shall be prima facie evidence of the facts therein
stated, and, upon expiration of the time for redemption, shall operate as a
conveyance to the purchaser of all the right, title, and interest of the person
whose property is sold in and to the same, at the date of the lien upon which
the same was sold. Any person desiring to perpetuate evidence that any real
property sold under this section was not homestead real property may procure an
affidavit by the person enforcing the judgment, or that person's attorney, or
someone having knowledge of the facts, setting forth that the real property was
not homestead real property. The affidavit shall be recorded by the county recorder
or registrar of titles, and the affidavit and certified copies of the affidavit
shall be prima facie evidence of the facts stated in the affidavit.
Sec. 20. Minnesota Statutes
2006, section 550.24, is amended to read:
550.24 REDEMPTION OF REALTY.
(a) Upon the sale of real
property, if the estate sold is less than a leasehold of two years' unexpired
term, the sale is absolute. In all other cases the property sold, or any
portion thereof which has been sold separately, is subject to redemption as provided
in this section.
(b) The judgment debtor, the
debtor's heirs, successors, legal representatives, or assigns may redeem within
one year after the day of sale, or order confirming sale if the property is
a homestead, by paying, to the purchaser or the officer making the sale,
the amount for which the property was sold with interest at the judgment rate
and if the purchaser is a creditor having a prior lien, the amount thereof,
with interest, on the amount of the sale in excess of the homestead
exemption, at the judgment rate together with any costs as provided in
sections 582.03 and 582.031.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6757
(c) If there is no redemption
during the debtor's redemption period, creditors having a lien, legal or
equitable, on the property or some part thereof, subsequent to that on which it
was sold may redeem in the manner provided for redemption by creditors of the
mortgagor in section 580.24, in the order of their respective liens.
(d) If the property is
abandoned during the judgment debtor's redemption period, the person holding
the sheriff's certificate may request that the court reduce the judgment
debtor's redemption period to five weeks using the procedures provided for a
foreclosure by action in section 582.032, subdivision 5.
Sec. 21. Minnesota Statutes
2006, section 580.24, is amended to read:
580.24 REDEMPTION BY CREDITOR.
(a) If no redemption is made
by the mortgagor, the mortgagor's personal representatives or assigns, the most
senior creditor having a legal or equitable lien upon the mortgaged premises,
or some part of it, subsequent to the foreclosed mortgage, may redeem within
seven days after the expiration of the redemption period determined under
section 580.23 or 582.032, whichever is applicable; and each subsequent
creditor having a lien may redeem, in the order of priority of their respective
liens, within seven days after the time allowed the prior lienholder by paying
the amount required under this section. However, no creditor is entitled to
redeem unless, within the period allowed for redemption by the mortgagor, the
creditor:
(1) records with each county
recorder and registrar of titles where the foreclosed mortgage is recorded a
notice of the creditor's intention to redeem;
(2) records in each office
where the notice is recorded all documents necessary to create the lien on the
mortgaged premises and to evidence the creditor's ownership of the lien; and
(3) after complying with
clauses (1) and (2), delivers to the sheriff who conducted the foreclosure sale
or the sheriff's successor in office a copy of each of the documents required
to be recorded under clauses (1) and (2), with the office, date and time of
filing for record stated on the first page of each document.
The sheriff shall maintain
for public inspection all documents delivered to the sheriff and shall note the
date of delivery on each document. The sheriff may charge a fee of $100 for the
documents delivered to the sheriff relating to each lien. The sheriff shall
maintain copies of documents delivered to the sheriff for a period of six
months after the end of the mortgagor's redemption period.
(b) Saturdays, Sundays,
legal holidays, and the first day following the expiration of the prior
redemption period must be included in computing the seven-day redemption
period. When the last day of the period falls on Saturday, Sunday, or a legal
holiday, that day must be omitted from the computation. The order of
redemption by judgment creditors subsequent to the foreclosed mortgage shall be
determined by the order in which their judgments were entered as memorials on
the certificate of title for the foreclosed premises or docketed in the office
of the district court administrator if the property is not registered under
chapter 508 or 508A, regardless of the homestead status of the property. All
mechanic's lienholders who have coordinate liens shall have one combined
seven-day period to redeem.
(c) The amount required to
redeem from the holder of the sheriff's certificate of sale is the amount
required under section 580.23. The amount required to redeem from a person
holding a certificate of redemption is:
(1) the amount paid to
redeem as shown on the certificate of redemption; plus
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6758
(2) interest on that amount
to the date of redemption; plus
(3) the amount claimed due on
the person's lien, as shown on the affidavit under section 580.25, clause (3).
The amount required to
redeem may be paid to the holder of the sheriff's certificate of sale or the
certificate of redemption, as the case may be, or to the sheriff for the holder."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1533, A bill for an act relating to commerce;
regulating certain transactions with homeowners whose homes are in foreclosure;
amending Minnesota Statutes 2006, sections 325N.01; 325N.03; 325N.04; 325N.10,
subdivisions 3, 4, by adding a subdivision; 325N.13; 325N.14; 325N.17; 325N.18,
by adding a subdivision; Laws 2004, chapter 263, section 26.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
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
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6759
S. F. No. 837, A bill for an act relating to local government;
Hennepin and Wright Counties; authorizing the Hennepin County Board and the
Wright County Board to initiate a process for the change of county boundaries
by resolution.
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 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
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:
Nelson
The bill was passed and its title agreed to.
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 Speaker pro
tempore Juhnke.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6760
CALENDAR FOR THE DAY, Continued
H. F. No. 1314, A bill for an act relating to commerce;
regulating the advertising and conducting of certain live musical performances
or productions; proposing coding for new law in Minnesota Statutes, chapter
325E.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 119 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Buesgens
Dean
Dettmer
Eastlund
Emmer
Erickson
Hackbarth
Lanning
Nornes
Olson
Seifert
Shimanski
Westrom
The bill was passed and its title agreed to.
S. F. No. 1581 was reported to the House.
Atkins moved to amend S. F.
No. 1581, the first engrossment, as follows:
Page 6, line 33, delete
"The insurer may accrue" and insert "accruing"
Page 12, line 20, after
"Table" insert "corresponding to the valuation table
being used for that class"
Page 14, line 10, delete
"function" and insert "illustration"
Page 14, line 13, delete
"12" and insert "61A.74"
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6761
Page 15, line 33, delete
"member" and insert "members"
Page 16, line 1, delete
"this regulation" and insert "sections 61A.70 to
61A.745"
Page 20, line 21, delete
"down" and insert "shown"
Page 22, line 21, after the
semicolon, insert "and"
Page 22, line 23, after the
comma, insert "if"
Page 22, line 27, after the
comma, insert "if"
Page 22, line 30, delete
"(b)" and insert "(c)"
Page 23, line 2, delete
"(c)" and insert "(d)"
Page 23, line 5, delete
"(d)" and insert "(e)"
Page 23, line 15, delete
"(e)" and insert "(f)"
Page 23, line 20, delete
"(f)" and insert "(g)"
Page 26, after line 22,
insert:
"EFFECTIVE DATE. This section is effective the day following
final enactment and applies to policies existing, issued, or renewed, on or
after that date."
Page 27, after line 14,
insert:
"EFFECTIVE DATE. This section is effective the day following
final enactment."
Page 28, line 7, delete
"and"
Page 28, line 9, delete the period
and insert "; and"
Page 28, after line 9,
insert:
"(6) a statement
that notice given by mail and return of the policy or contract by mail are
effective on being postmarked, properly addressed, and postage prepaid."
Page 28, line 24, delete
"5 to 14" and insert "6 to 15" and delete
"18" and insert "21"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6762
Atkins moved that S. F. No. 1581, the first
engrossment, as amended, be temporarily laid over on the Calendar for the Day.
The motion prevailed.
H. F. No. 1208 was reported to the House.
Mahoney moved to amend H. F.
No. 1208, the fourth engrossment, as follows:
Page 5, line 6, before
"326.241" insert "181.723;"
Page 28, line 1, delete
"a" and insert "the state's"
Page 103, line 30, after the
period, insert "No city or town may require a license for persons
performing building sewer or water service installation who have completed pipe
laying training as prescribed by the commissioner of labor and industry."
Page 104, line 6, strike
"commissioner" and before the period, insert "Plumbing Board"
Page 104, delete section 7
Page 105, delete lines 7 to
24 and insert:
"Subdivision 1. License required; master and journeyman
plumbers. In any city now or hereafter having 5,000 or more
population, according to the last federal census, and having a system of
waterworks or sewerage, (a) No person, firm, or corporation
shall engage in or work at the business of a master plumber or,
restricted master plumber, journeyman plumber, and restricted journeyman
plumber unless licensed to do so by the state commissioner of health.
A license is not required for individuals performing building sewer or water
service installation who have completed pipe laying training as prescribed by
the commissioner of labor and industry. A master plumber may also work as a
journeyman plumber, a restricted journeyman plumber, and a restricted master
plumber. A journeyman plumber may also work as a restricted journeyman plumber.
Anyone not so licensed may do plumbing work which complies with the provisions
of the minimum standard standards prescribed by the state
commissioner of health Plumbing Board on premises or that part of
premises owned and actually occupied by the worker as a residence, unless
otherwise forbidden to do so by a local ordinance.
In any such city (b) No person,
firm, or corporation shall engage in the business of planning,
superintending, or installing plumbing nor or shall install
plumbing in connection with the dealing in and selling of plumbing material and
supplies unless at all times a licensed master plumber, or in cities and
towns with a population of fewer than 5,000 according to the federal census, a
restricted master plumber, who shall be responsible for proper
installation, is in charge of the plumbing work of the person, firm, or
corporation.
The Department of Health
shall prescribe rules, not inconsistent herewith, for the examination and
licensing of plumbers."
Page 106, delete section 10
Page 108, line 1, strike
"commissioner" and insert "Plumbing Board"
Page 108, delete section 12
Page 111, delete section 15
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6763
Page 111, line 27, after the
first "examination" insert "developed and administered"
and strike "examiners" and insert "commissioner, based upon
rules adopted by the Plumbing Board,"
Page 199, line 15, after
"Industry" insert "for safety codes and services"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Mahoney moved to amend H. F.
No. 1208, the fourth engrossment, as amended, as follows:
Page 151, after line 35,
insert:
"Sec. 29. Minnesota
Statutes 2006, section 541.051, is amended to read:
541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES OR
CONSTRUCTION TO IMPROVE REAL PROPERTY.
Subdivision 1. Limitation; service or construction of real
property; improvements. (a) Except where fraud is involved, no action by
any person in contract, tort, or otherwise to recover damages for any injury to
property, real or personal, or for bodily injury or wrongful death, arising out
of the defective and unsafe condition of an improvement to real property, nor
any action for contribution or indemnity for damages sustained on account of
the injury, shall be brought against any person performing or furnishing
the design, planning, supervision, materials, or observation of construction or
construction of the improvement to real property or against the owner of the
real property more than two years after discovery of the injury or, in the
case of an action for contribution or indemnity, accrual of the cause of action,
nor, in any event shall such a cause of action accrue more than ten
years after substantial completion of the construction. Date of substantial
completion shall be determined by the date when construction is sufficiently
completed so that the owner or the owner's representative can occupy or use the
improvement for the intended purpose.
(b) Notwithstanding
paragraph (a), an action for contribution or indemnity arising out of the
defective and unsafe condition of an improvement to real property may be
brought no later than two years after the cause of action for contribution or
indemnity has accrued, regardless of whether it accrued before or after the
ten-year period referenced in paragraph (a).
(b) (c) For purposes of
paragraph (a), a cause of action accrues upon discovery of the injury or,
provided that in the case of an action for contribution or indemnity
under paragraph (b), upon a cause of action accrues upon the
earlier of commencement of the action against the party seeking contribution or
indemnity, or payment of a final judgment, arbitration award, or settlement
arising out of the defective and unsafe condition.
(c) (d) Nothing in this
section shall apply to actions for damages resulting from negligence in the
maintenance, operation or inspection of the real property improvement against
the owner or other person in possession.
(d) (e) The limitations
prescribed in this section do not apply to the manufacturer or supplier of any
equipment or machinery installed upon real property.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6764
Subd. 2. Action allowed; limitation.
Notwithstanding the provisions of subdivision 1, paragraph (a), in the
case of an a cause of action which accrues during the ninth or
tenth year after substantial completion of the construction, an action to
recover damages may be brought within two years after the date on which the cause
of action accrued, but in no event may such an action be brought
more than 12 years after substantial completion of the construction. Nothing
in this subdivision shall limit the time for bringing an action for
contribution or indemnity.
Subd. 3. Not construed. Nothing in this section
shall be construed as extending the period prescribed by the laws of this state
for the bringing of any action.
Subd. 4. Applicability. For the purposes of
actions based on breach of the statutory warranties set forth in section
327A.02, or to actions based on breach of an express written warranty, such
actions shall be brought within two years of the discovery of the breach. In
the case of an action under section 327A.05, which accrues during the ninth or
tenth year after the warranty date, as defined in section 327A.01, subdivision
8, an action may be brought within two years of the discovery of the breach,
but in no event may an action under section 327A.05 be brought more than 12
years after the effective warranty date. An action for contribution or
indemnity arising out of actions described in this subdivision may be brought
no later than two years after the earlier of commencement of the action against
the party seeking contribution or indemnity, or payment of a final judgment,
arbitration award, or settlement arising out of the breach.
EFFECTIVE DATE. This section is
effective retroactive to June 30, 2006."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Westrom, Demmer, Nornes,
Cornish, Magnus, Sviggum, Finstad and Zellers moved to amend H. F. No. 1208, the
fourth engrossment, as amended, as follows:
Pages 109 and 110, delete
section 13
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Westrom et al amendment and the
roll was called. There were 52 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Doty
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kalin
Kohls
Lanning
Lesch
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6765
Magnus
McFarlane
McNamara
Nornes
Olson
Otremba
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Tschumper
Urdahl
Wardlow
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dittrich
Dominguez
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Paulsen moved to amend H. F.
No. 1208, the fourth engrossment, as amended, as follows:
Page 168, line 18, delete
"and make"
Page 168, line 19, delete
"replacements to existing plants"
Page 174, delete line 36
Page 175, delete line 1
Page 175, line 2, delete
"unlicensed individuals."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Paulsen amendment and the roll
was called. There were 42 yeas and 91 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6766
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
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.
Pursuant to rule 1.50, Sertich moved that the House be allowed
to continue in session after 12:00 midnight. The motion prevailed.
Berns moved to amend H. F.
No. 1208, the fourth engrossment, as amended, as follows:
Page 97, line 2, delete
"13" and insert "15"
Page 97, line 10, delete
"11" and insert "13"
Page 97, line 22, delete
"and"
Page 97, line 24, delete the
period and insert "; and"
Page 97, after line 24,
insert:
"(9) two members
shall be public members as defined by section 214.02."
Page 177, line 15, delete
"12" and insert "14"
Page 177, line 21, delete
"11" and insert "13"
Page 177, line 32, delete
"and"
Page 177, line 33, delete
the period and insert "; and"
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6767
Page 177, after line 33,
insert:
"(8) two members
shall be public members as defined by section 214.02."
The motion prevailed and the amendment was adopted.
Tingelstad was excused for the remainder of today's session.
H. F. No. 1208, A bill for an act relating to state government;
changing provisions for construction codes and licensing provisions; providing
penalties and enforcement; modifying provisions relating to the limitation on
certain actions; instructing the revisor to renumber certain statutory
sections; appropriating money; providing appropriation reductions; amending
Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions
4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64,
by adding a subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74,
subdivisions 1, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745,
subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3;
144.122; 144.99, subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03,
subdivision 3; 178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411,
subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501;
183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, by adding a subdivision;
183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions
2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision
1; 325E.37, subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b,
6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243;
326.244, subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441;
326.245; 326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42;
326.46; 326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57,
subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3,
4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841;
326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91,
subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96;
326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1; 327.205;
327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32,
subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35,
subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 17,
by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a
subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357,
subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471;
541.051; proposing coding for new law in Minnesota Statutes, chapters 326;
327B; proposing coding for new law as Minnesota Statutes, chapter 326B;
repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4;
183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions
1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2;
183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions
4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d,
9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461;
326.247; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5;
326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85;
326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05,
subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010;
2891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835;
4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 5225.8600,
subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060,
subpart 2; 5230.0100, subparts 1, 3, 4.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 95 yeas and 37 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dean
Dill
Dittrich
Dominguez
Doty
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6768
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Sviggum
Urdahl
Wardlow
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
The Speaker resumed the Chair.
S. F. No. 1581, the first engrossment, as
amended, which was temporarily laid over earlier today on the Calendar for the
Day, was again reported to the House.
MOTION
FOR RECONSIDERATION
Atkins moved that the vote whereby the Atkins amendment to S. F
No. 1581, the first engrossment, was adopted earlier today be now reconsidered.
The motion prevailed.
Atkins withdrew his amendment to S. F. No. 1581, the first
engrossment.
Atkins moved to amend S. F. No. 1581, the first
engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1892, the first engrossment:
"Section
1. Minnesota Statutes 2006, section 60A.351, is amended to read:
60A.351 RENEWAL OF INSURANCE POLICY WITH
ALTERED RATES.
If an
insurance company licensed to do business in this state offers or purports to
offer to renew any commercial liability and/or property insurance policy at
less favorable terms as to the dollar amount of coverage or deductibles, higher
rates, and/or higher rating plan, the new terms, the new rates and/or rating
plan may take effect on the
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6769
renewal date of the policy
if the insurer has sent to the policyholder notice of the new terms, new rates
and/or rating plan at least 60 30 days prior to the expiration date.
If the insurer has not so notified the policyholder, the policyholder may elect
to cancel the renewal policy within the 60-day period after receipt of the
notice. Earned premium for the period of coverage, if any, shall be calculated
pro rata upon the prior rate. This section does not apply to ocean marine
insurance, accident and health insurance, reinsurance, and coverage under the
federal Terrorism Risk Insurance Act.
This
section does not apply if the change relates to guide "a" rates or excess
rates also known as "consent to rates" or if there has been any
change in the risk insured.
Sec.
2. Minnesota Statutes 2006, section 61A.072, is amended to read:
61A.072 POLICIES WITH ACCELERATED
BENEFITS.
Subdivision
1. Disclosure. A life
insurance contract or supplemental contract that contains a provision to permit
the accelerated payment of benefits as authorized under section 60A.06,
subdivision 1, clause (4), must contain the following disclosure: "This is
a life insurance policy which pays accelerated death benefits at your option
under conditions specified in the policy. This policy is not a long-term care
policy meeting the requirements of sections 62A.46 to 62A.56 or chapter
62S."
Subd.
4. Long-term care expenses. If
the right to receive accelerated benefits is contingent upon the insured
receiving long-term care services, the contract or supplemental contract shall
include the following provisions:
(1)
the minimum accelerated benefit shall be $1,200 per month if the insured is
receiving nursing facility services and $750 per month if the insured is
receiving home services with a minimum lifetime benefit limit of $50,000;
(2)
coverage is effective immediately and benefits shall commence with the receipt
of services as defined in section 62A.46, subdivision 3, 4, or 5, or 62S.01,
subdivision 25, but may include a waiting period of not more than 90 days,
provided that no more than one waiting period may be required per benefit
period as defined in section 62A.46, subdivision 11;
(3)
premium shall be waived during any period in which benefits are being paid to
the insured during confinement to a nursing home facility;
(4)
coverage may not be canceled or renewal refused except on the grounds of
nonpayment of premium;
(5)
coverage must include preexisting conditions during the first six months of
coverage if the insured was not diagnosed or treated for the particular
condition during the 90 days immediately preceding the effective date of
coverage;
(6)
coverage must include mental or nervous disorders which have a demonstrable
organic cause such as Alzheimer's and related dementias;
(7)
no prior hospitalization requirement shall be allowed unless a similar
requirement is allowed by section 62A.48, subdivision 1, or 62S.06; and
(8)
the contract shall include a cancellation provision that meets the requirements
of section 62A.50, subdivision 2, or 62S.07.
Journal of the House - 70th
Day - Wednesday, May 16, 2007 - Top of Page 6770
Subd.
5. Exclusion. Subdivision 4 does
not apply to contracts or supplemental contracts granting the right to receive
accelerated benefits if (1) one of the options for payment provides for
lump-sum payment; (2) no conditions or restrictions are imposed on the use of
the funds by the insured; and (3) the offeree or insured is given written
notice at the time the contract or supplemental contract is offered or sold
that (i) Minnesota law sets minimum requirements for life insurance contracts
where the right to receive accelerated benefits is contingent upon the insured
receiving long-term care services, and (ii) the contract or supplemental
contract being offered or sold does not meet those minimum requirements.
Subd.
6. Accelerated benefits Definitions.
(a) "Accelerated benefits" covered under this section are benefits
payable under the life insurance contract:
(1) to
a policyholder or certificate holder, during the lifetime of the insured, in
the anticipation of death or upon the occurrence of a specified
life-threatening or catastrophic condition as defined by the policy or rider;
(2)
that reduce the death benefit otherwise payable under the life insurance
contract; and
(3)
that are payable upon the occurrence of a single qualifying event that results
in the payment of a benefit amount fixed at the time of acceleration.
(b)
"Qualifying event" means one or more of the following: