STATE OF
MINNESOTA
Journal of the House
EIGHTY-EIGHTH
SESSION - 2013
_____________________
TWENTIETH
DAY
Saint Paul, Minnesota, Monday, March 4, 2013
The House of
Representatives convened at 3:00 p.m. and was called to order by Paul Thissen,
Speaker of the House.
Prayer was offered by The Reverend Jered Weber-Johnson,
St. John the Evangelist Episcopal Church, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dean, M.
Dettmer
Dill
Dorholt
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Masin
McDonald
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Davids, McNamara and Slocum were excused.
Dehn, R., was excused until 3:30 p.m. Erhardt was excused until 5:05 p.m. Mariani was excused until 6:15 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 83,
A bill for an act relating to housing; providing certain tenant remedies;
providing single point of contact and various notice provisions relating to
mortgage foreclosures; prohibiting mortgage foreclosure dual tracking;
requiring mandatory mediation prior to commencing a mortgage foreclosure;
amending Minnesota Statutes 2012, sections 504B.151, subdivision 1; 580.021, by
adding a subdivision; 580.022, subdivision 1; 580.03; 580.041, subdivisions 1b,
2; proposing coding for new law in Minnesota Statutes, chapter 580.
Reported the same back with the following amendments:
Page 2, line 7, before the period, insert ", unless the landlord falls under the exception in subdivision 2"
Page 2, lines 16, 18, 19, 23, and 24, delete "servicer" and insert "party foreclosing on a mortgage"
Page 2, line 20, delete "coordinate all of the" and insert "provide"
Page 2, line 28, delete "servicer" and insert "borrower"
Page 4, line 14, delete "title" and insert "Appendix"
Page 5, line 4, delete "servicer" and insert "party foreclosing on a mortgage"
Page 5, line 5, delete "a mortgage servicer" and insert "the party foreclosing on a mortgage"
Page 5, line 17, delete "servicer or lender" and insert "party foreclosing on a mortgage"
Page 6, line 12, delete "and" and insert "or"
Page 7, lines 25 and 35, before "servicer" insert "mortgage"
Page 8, line 6, before "servicer" insert "mortgage"
Page 8, line 18, delete "servicer" and insert "party foreclosing on a mortgage" in both places
Page 8, lines 19, 22, 23, 30, and 32, delete "servicer" and insert "party foreclosing on a mortgage"
Page 9, lines 1, 15, and 22, delete "servicer" and insert "party foreclosing on a mortgage"
Page 9, line 32, after "creditors" insert "including: a promissory note, contracts for debt, statement of interest rates on the debts, delinquent payments, unpaid principal balance, a list of all collateral securing debts, a creditor's estimate of the value of the collateral, and debt restructuring programs available from the creditor"
Page 9, line 33, delete "creditor" and insert "party foreclosing on a mortgage"
Page 10, line 4, delete "as"
Page 10, line 5, delete "defined in subdivision 1,"
Page 10, line 7, delete "Creditor's" and insert "Party foreclosing on a mortgage;" and delete "creditor" and insert "party foreclosing on a mortgage"
Page 10, lines 15, 17, and 20, delete "creditor" and insert "party foreclosing on a mortgage"
Page 10, lines 16, 19, and 21, delete "creditor's"
Page 10, after line 22, insert:
"Subd. 9. Review
of good faith finding. (a)
Upon petition by a debtor or the party foreclosing on a mortgage, a court may
review a mediator's affidavit of lack of good faith or a mediator's failure to
file an affidavit of lack of good faith.
The review is limited to whether the mediator committed an abuse of
discretion in filing or failing to file an affidavit of lack of good
faith. The petition must be reviewed by
the court within ten days after the petition is filed.
(b) If the court finds that the mediator
committed an abuse of discretion in filing, or failing to file, an affidavit of
lack of good faith, the court may:
(1) reinstate mediation and the stay of
mortgage foreclosure proceeding;
(2) order court supervised mediation; or
(3) allow the party foreclosing on a
mortgage to proceed immediately with a mortgage foreclosure proceeding.
Subd. 10. Creditor
not attending mediation meeting. (a)
A party foreclosing on a mortgage that is notified of the initial mediation
meeting is subject to and bound by a mediation agreement if the party
foreclosing on a mortgage does not attend mediation meetings, unless the party
foreclosing on a mortgage files a claim form.
In lieu of attending a mediation meeting, a creditor may file a claim
form with the mediator before the scheduled meeting. By filing a claim form, the party foreclosing
on a mortgage agrees to be bound by a mediation agreement reached at the
mediation meeting unless an objection is filed within ten days. The mediator must notify the party
foreclosing on a mortgage who has filed claim forms of the terms of any
agreement.
(b) A party foreclosing on a mortgage who
has filed a claim form may serve a written objection to the terms of the
mediation agreement on the mediator and the debtor within ten days of receiving
notice of the mediation agreement. If a
party foreclosing on a mortgage files an objection to the terms of a mediation
agreement, the mediator shall meet with the debtor and party foreclosing on a mortgage
within ten days of receiving the objection.
If an objection is served, the mediator shall schedule a mediation
meeting during the ten-day period following receipt of the objection.
Subd. 11. Inconsistent laws. The provisions of this section have precedence over any inconsistent or conflicting laws and statutes, including chapters 336, 580, and 581."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Government Operations.
The
report was adopted.
Johnson,
S., from the Committee on Labor, Workplace and Regulated Industries to which
was referred:
H. F. No. 92, A bill for an act relating to
employment; regulating the minimum wage; amending Minnesota Statutes 2012,
section 177.24, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 177.24, subdivision 1, is amended to read:
Subdivision 1. Amount.
(a) For purposes of this subdivision, the terms defined in this
paragraph have the meanings given them.
(1) "Large employer" means an enterprise whose
annual gross volume of sales made or business done is not less than $625,000
(exclusive of excise taxes at the retail level that are separately stated) and
covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.
(2) "Small employer" means an enterprise whose
annual gross volume of sales made or business done is less than $625,000
(exclusive of excise taxes at the retail level that are separately stated) and
covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.
(b) Except as otherwise provided in sections 177.21 to
177.35, every large employer must pay each employee wages at a rate of at
least $5.15 an hour beginning September 1, 1997, and at a rate of at least
$6.15 an hour beginning August 1, 2005. Every
small employer must pay each employee at a rate of at least $4.90 an hour
beginning January 1, 1998, and at a rate of at least $5.25 an hour beginning
August 1, 2005:
(1) every large employer must pay each employee wages at a
rate of at least:
(i) $8.35 per hour beginning August 1, 2013;
(ii) $9.45 per hour beginning August 1, 2014;
(iii) $10.55 per hour beginning August 1, 2015; and
(iv) the rate established under paragraph (d) beginning
January 1, 2016; and
(2) every small employer must pay each employee at a rate of
at least:
(i) $6.50 per hour beginning August 1, 2013;
(ii) $7.75 per hour beginning August 1, 2014;
(iii) $9.00 per hour beginning August 1, 2015; and
(iv) the rate established under paragraph (d) beginning
January 1, 2016.
(c) Notwithstanding paragraph (b), during the first 90
consecutive days of employment, an employer may pay an employee under the age
of 20 years a wage of $4.90 an hour. No
employer may take any action to displace any employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in
order to hire an employee at the wage authorized in this paragraph at
least:
(1) $6.07 per hour beginning
August 1, 2013;
(2)
$7.24 per hour beginning August 1, 2014;
(3)
$8.41 per hour beginning August 1, 2015; and
(4)
the rate established under paragraph (d) beginning January 1, 2016.
No
employer may take any action to displace an employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in
order to hire an employee at the wage authorized in this paragraph.
(d)
No later than November 1 of each year, beginning in 2015, the commissioner
shall determine the percentage increase in the rate of inflation, as measured
by the Consumer Price Index for all urban consumers, United States city
average, as determined by the United States Department of Labor, during the
most recent 12-month period for which data is available. The minimum wage rates in paragraphs (b) and
(c) are increased by the percentage calculated by the commissioner, rounded to
the nearest cent. The new minimum wage
rates determined under this paragraph take effect on the next January 1.
EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Jobs and Economic Development Finance and Policy.
A roll call was requested and properly
seconded on the adoption of the report from the Committee on Labor, Workplace
and Regulated Industries relating to H. F. No. 92.
The question was taken on the adoption of
the report from the Committee on Labor, Workplace and Regulated Industries
relating to H. F. No. 92 and the roll was called. There were 69 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dorholt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The motion prevailed and the report from
the Committee on Labor, Workplace and Regulated Industries relating to
H. F. No. 92 was adopted.
Hornstein from the Committee on
Transportation Finance to which was referred:
H. F. No. 152, A bill for an act relating to
transportation; establishing a transportation ombudsperson; amending Minnesota
Statutes 2012, section 174.02, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 176, A bill for an act relating to
human services; expanding dental services for the disabled; amending Minnesota
Statutes 2012, section 256B.0625, subdivision 9.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 195, A bill for an act relating to
health; allowing a licensed dietitian or licensed nutritionist to adhere to a
practice guideline or protocol for a legend drug prescribed by a physician;
amending Minnesota Statutes 2012, section 151.37, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 148.
Reported the same back with the following amendments:
Page 1, line 11, after "protocol" insert
"and the protocol"
Page 1, line 22, delete "148.624" and
insert "148.634"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 213, A bill for an act relating to
human services; modifying medical assistance co-payment requirements; amending
Minnesota Statutes 2012, section 256B.0631, subdivision 1.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 215, A bill for an act relating to
health; permitting licensed health care professionals to order use of physical
agent modalities, electrical stimulation, and ultrasound devices; amending
Minnesota Statutes 2012, section 148.6440, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Dill from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 228, A bill for an act relating to
public safety; creating increased penalties for wildfire arson that damages
multiple buildings or dwellings, acreage, or crops or causes demonstrable
bodily harm; adding restitution provisions; amending Minnesota Statutes 2012,
section 609.5641, subdivisions 1, 3, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 262, A bill for an act relating to
health; creating a grant program for spinal cord injury and traumatic brain
injury research; establishing the spinal cord and traumatic brain injury
advisory committee; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 144.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Government Operations.
The
report was adopted.
Mullery from the Committee on
Early Childhood and Youth Development Policy to which was referred:
H. F. No. 296, A bill for an act relating to
human services; providing an exception to the drug formulary; extending case
management services for young adults with severe emotional disturbance; appropriating
money for various mental health services and training; amending Minnesota
Statutes 2012, sections 62Q.527, subdivision 4; 245.4881, subdivision 1.
Reported the same back with the following amendments:
Page 3, line 10, after the
period, insert "A third-party reimbursement source does not include a
public school within the meaning under Minnesota Statutes, section 120A.20,
subdivision 1. The commissioner may not
require a public school to incur any additional financial obligations as a
result of a grant under this paragraph."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Mullery from the Committee on
Early Childhood and Youth Development Policy to which was referred:
H. F. No. 393, A bill for an act relating to
education finance; authorizing compensatory revenue to be spent on early
education efforts, including parental outreach; amending Minnesota Statutes
2012, section 126C.15, subdivisions 1, 2.
Reported the same back with the following amendments:
Page 1, line 12, after "for" insert "entry
into school whether the student first enrolls in" and after "kindergarten"
insert "or first grade"
Page 2, line 14, after the comma, insert "voluntary
home visits under section 124D.13, subdivision 4,"
Page 2, line 21, delete "2013" and insert
"2014"
Page 3, line 14, delete "2013" and insert
"2014"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Education Finance.
The
report was adopted.
Clark from the Committee on
Housing Finance and Policy to which was referred:
H. F. No. 528, A bill for an act relating to
capital investment; appropriating money for public housing rehabilitation;
authorizing the sale and issuance of state bonds.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Capital Investment.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 582, A bill for an act relating to
health; requiring accreditation of advanced diagnostic imaging services
operating in the state; amending Minnesota Statutes 2012, section 144.1225,
subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Simon from the Committee on
Elections to which was referred:
H. F. No. 591, A bill for an act relating to
elections; modifying procedures related to vacancies in nomination for partisan
office; appropriating money; amending Minnesota Statutes 2012, sections
204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204D.19, by adding a
subdivision; repealing Minnesota Statutes 2012, sections 204B.12, subdivision
2a; 204B.13, subdivision 6.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance and
Veterans Affairs.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 607, A bill for an act relating to
health; changing provisions for optometrists; amending Minnesota Statutes 2012,
section 148.56, subdivision 1, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, line 16, before the period, insert "under
Minnesota law"
Page 2, after line 16, insert:
"EFFECTIVE
DATE. This section is
effective the day following final enactment."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 672, A bill for an act relating to
health; establishing a system to deal with acute strokes; proposing coding for
new law in Minnesota Statutes, chapter 144.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Simon from the Committee on
Elections to which was referred:
H. F. No. 687, A bill for an act relating to
elections; changing the date of the state primary from August to June; changing
the date of primary elections conducted by a political subdivision, in certain
circumstances; amending Minnesota Statutes 2012, sections 204B.14, subdivisions
2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1;
204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2;
205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5;
206.82, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Dill from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 737, A bill for an act relating to
environment; authorizing certain expenditures from clean water fund; modifying
reporting requirements; modifying Petroleum Tank Release Cleanup Act; repealing
obsolete rules; appropriating money;
amending Minnesota Statutes 2012, sections 114D.50, subdivision 4; 115A.1320,
subdivision 1; 115B.20, subdivision 6; 115B.28, subdivision 1; 115C.02,
subdivision 4, by adding a subdivision; 115C.08, subdivision 4, by adding a
subdivision; 115D.10; 116.48, subdivision 6; 473.846; repealing Minnesota
Rules, parts 7021.0010, subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040;
7021.0050, subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340;
9210.0350; 9210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6.
Reported the same back with the following amendments:
Page 1, after line 12, insert:
"ARTICLE
1
ENVIRONMENTAL
POLICY"
Page 2, after line 25, insert:
"Sec. 2. [115.84] WASTEWATER LABORATORY
CERTIFICATION.
Subdivision 1. Wastewater laboratory certification required. (a) Laboratories performing wastewater
or water analytical laboratory work, the results of which are reported to the
agency to determine compliance with a national pollutant discharge elimination
system (NPDES) permit condition or other regulatory document, must be certified
according to this section.
(b) This section does not apply to:
(1) laboratories that are private and for-profit;
(2) laboratories that perform drinking water analyses; or
(3) laboratories that perform remediation program analyses,
such as Superfund or petroleum analytical work.
(c) Until adoption of rules under subdivision 2,
laboratories required to be certified under this section and submitting data to
the agency must register by submitting registration information required by the
agency or be certified or approved by a recognized certification authority, as
required by agency programs.
Subd 2. Rules. The agency may adopt rules to govern
certification of laboratories according to this section. Notwithstanding section 16A.1283, the agency
may adopt rules establishing fees.
Subd. 3. Fees. (a) Until
the agency adopts a rule establishing fees for certification, the agency shall
collect fees in amounts necessary to cover the reasonable costs of the
certification program, including reviewing applications, issuing
certifications, and conducting audits and compliance assistance.
(b) Fees under this section must be based on the number,
type, and complexity of analytical methods that laboratories are certified to
perform.
(c) Revenue from fees charged by the agency for
certification shall be credited to the environmental fund.
Subd. 4.
(b) This section and the rules adopted under it may be
enforced by any means provided in section 115.071."
Page 6, line 20, delete "The"
Page 6, delete lines 21 and 22
Page 6, delete everything before "A"
Page 7, delete lines 26 and 27 and insert:
"(1) request the commissioner of administration to
dispose of the property according to sections 16B.281 to 16B.287, subject to
conditions the commissioner"
Page 9, after line 29, insert:
"ARTICLE
2
SANITARY
DISTRICTS
Section 1. Minnesota
Statutes 2012, section 275.066, is amended to read:
275.066 SPECIAL
TAXING DISTRICTS; DEFINITION.
For the purposes of property taxation and property tax state
aids, the term "special taxing districts" includes the following
entities:
(1) watershed districts under chapter 103D;
(2) sanitary districts under sections 115.18 to 115.37
442A.01 to 442A.29;
(3) regional sanitary sewer districts under sections 115.61
to 115.67;
(4) regional public library districts under section 134.201;
(5) park districts under chapter 398;
(6) regional railroad authorities under chapter 398A;
(7) hospital districts under sections 447.31 to 447.38;
(8) St. Cloud Metropolitan Transit Commission under
sections 458A.01 to 458A.15;
(9) Duluth Transit Authority under sections 458A.21 to
458A.37;
(10) regional development commissions under sections 462.381
to 462.398;
(11) housing and redevelopment authorities under sections
469.001 to 469.047;
(12) port authorities under
sections 469.048 to 469.068;
(13) economic development authorities under sections 469.090
to 469.1081;
(14) Metropolitan Council under sections 473.123 to 473.549;
(15) Metropolitan Airports Commission under sections 473.601
to 473.680;
(16) Metropolitan Mosquito Control Commission under sections
473.701 to 473.716;
(17) Morrison County Rural Development Financing Authority
under Laws 1982, chapter 437, section 1;
(18) Croft Historical Park District under Laws 1984, chapter
502, article 13, section 6;
(19) East Lake County Medical Clinic District under Laws
1989, chapter 211, sections 1 to 6;
(20) Floodwood Area Ambulance District under Laws 1993,
chapter 375, article 5, section 39;
(21) Middle Mississippi River Watershed Management
Organization under sections 103B.211 and 103B.241;
(22) emergency medical services special taxing districts
under section 144F.01;
(23) a county levying under the authority of section
103B.241, 103B.245, or 103B.251;
(24) Southern St. Louis County Special Taxing District;
Chris Jensen Nursing Home under Laws 2003, First Special Session chapter 21,
article 4, section 12;
(25) an airport authority created under section 360.0426;
and
(26) any other political subdivision of the state of
Minnesota, excluding counties, school districts, cities, and towns, that has the
power to adopt and certify a property tax levy to the county auditor, as
determined by the commissioner of revenue.
Sec. 2. [442A.01] DEFINITIONS.
Subdivision 1. Applicability. For
the purposes of this chapter, the terms defined in this section have the
meanings given.
Subd. 2. Chief
administrative law judge. "Chief
administrative law judge" means the chief administrative law judge of the
Office of Administrative Hearings or the delegate of the chief administrative
law judge under section 14.48.
Subd. 3. District. "District" means a sanitary
district created under this chapter or under Minnesota Statutes 2012, sections 115.18 to 115.37.
Subd. 4. Municipality. "Municipality"
means a city, however organized.
Subd. 5. Property owner. "Property
owner" means the fee owner of land, or the beneficial owner of land whose
interest is primarily one of possession and enjoyment. Property owner includes, but is not limited
to, vendees under a contract for deed and mortgagors. Any reference to a percentage of property
owners means in number.
Subd. 6.
Subd. 7. Related governmental subdivision. "Related governmental
subdivision" means a municipality or organized town wherein there is a
territorial unit of a district or, in the case of an unorganized area, the
county.
Subd. 8. Statutory city. "Statutory
city" means a city organized as provided by chapter 412, under the plan
other than optional.
Subd. 9. Territorial unit. "Territorial
unit" means all that part of a district situated within a single
municipality, within a single organized town outside of a municipality, or, in
the case of an unorganized area, within a single county.
Sec. 3. [442A.015] APPLICABILITY.
All new sanitary district formations
proposed and all sanitary districts previously formed under Minnesota Statutes
2012, sections 115.18 to 115.37, must comply with this chapter, including
annexations to, detachments from, and resolutions of sanitary districts
previously formed under Minnesota Statutes 2012, sections 115.18 to 115.37.
Sec. 4. [442A.02] SANITARY DISTRICTS; PROCEDURES
AND AUTHORITY.
Subdivision 1. Duty of chief administrative law judge. The chief administrative law judge
shall conduct proceedings, make determinations, and issue orders for the
creation of a sanitary district formed under this chapter or the annexation,
detachment, or dissolution of a sanitary district previously formed under
Minnesota Statutes 2012, sections 115.18 to 115.37.
Subd. 2. Consolidation of proceedings.
The chief administrative law judge may order the consolidation of
separate proceedings in the interest of economy and expedience.
Subd. 3. Contracts, consultants. The
chief administrative law judge may contract with regional, state, county, or
local planning commissions and hire expert consultants to provide specialized
information and assistance.
Subd. 4. Powers of conductor of proceedings. Any person conducting a proceeding
under this chapter may administer oaths and affirmations; receive testimony of
witnesses, and the production of papers, books, and documents; examine
witnesses; and receive and report evidence.
Upon the written request of a presiding administrative law judge or a
party, the chief administrative law judge may issue a subpoena for the
attendance of a witness or the production of books, papers, records, or other
documents material to any proceeding under this chapter. The subpoena is enforceable through the
district court in the district in which the subpoena is issued.
Subd. 5. Rulemaking authority. The
chief administrative law judge may adopt rules that are reasonably necessary to
carry out the duties and powers imposed upon the chief administrative law judge
under this chapter. The chief
administrative law judge may initially adopt rules according to section 14.386. Notwithstanding section 16A.1283, the chief
administrative law judge may adopt rules establishing fees.
Subd. 6. Schedule of filing fees. The
chief administrative law judge may prescribe by rule a schedule of filing fees
for any petitions filed under this chapter.
Subd. 7. Request
for hearing transcripts; costs. Any
party may request the chief administrative law judge to cause a transcript of
the hearing to be made. Any party
requesting a copy of the transcript is responsible for its costs.
Subd. 8.
(b) Any proposed resolution or settlement of contested
issues that results in a sanitary district formation, annexation, detachment,
or dissolution; places conditions on any future sanitary district formation,
annexation, detachment, or dissolution; or results in the withdrawal of an
objection to a pending proceeding or the withdrawal of a pending proceeding
must be filed with the chief administrative law judge and is subject to the
applicable procedures and statutory criteria of this chapter.
Subd. 9. Data from state agencies.
The chief administrative law judge may request information from
any state department or agency to assist in carrying out the chief
administrative law judge's duties under this chapter. The department or agency shall promptly
furnish the requested information.
Subd. 10. Permanent official record.
The chief administrative law judge shall provide information
about sanitary district creations, annexations, detachments, and dissolutions
to the Minnesota Pollution Control Agency.
The Minnesota Pollution Control Agency is responsible for maintaining
the official record, including all documentation related to the processes.
Subd. 11. Shared
program costs and fee revenue. The
chief administrative law judge and the Minnesota Pollution Control Agency shall
agree on an amount to be transferred from the Minnesota Pollution Control
Agency to the chief administrative law judge to pay for administration of this
chapter, including publication and notification costs. Sanitary district fees collected by the chief
administrative law judge shall be deposited in the environmental fund.
EFFECTIVE DATE. Subdivision 5 is effective the day following final
enactment.
Sec. 5. [442A.03] FILING OF MAPS IN SANITARY
DISTRICT PROCEEDINGS.
Any party initiating a sanitary district proceeding that
includes platted land shall file with the chief administrative law judge maps
which are necessary to support and identify the land description. The maps shall include copies of plats.
Sec. 6. [442A.04] SANITARY DISTRICT CREATION.
Subdivision 1. Sanitary district creation.
(a) A sanitary district may be created under this chapter for any
territory embracing an area or a group of two or more adjacent areas, whether
contiguous or separate, but not situated entirely within the limits of a single
municipality. The proposed sanitary
district must promote the public health and welfare by providing an adequate
and efficient system and means of collecting, conveying, pumping, treating, and
disposing of domestic sewage and garbage and industrial wastes within the
district. When the chief administrative
law judge or the Minnesota Pollution Control Agency finds that there is need
throughout the territory for the accomplishment of these purposes; that these
purposes can be effectively accomplished on an equitable basis by a district if
created; and that the creation and maintenance of a district will be
administratively feasible and in furtherance of the public health, safety, and
welfare, the chief administrative law judge shall make an order creating the
sanitary district.
(b) Notwithstanding paragraph
(a), no district shall be created within 25 miles of the boundary of any city
of the first class without the approval of the governing body thereof and the
approval of the governing body of each and every municipality in the proposed
district by resolution filed with the chief administrative law judge.
(c) If the
chief administrative law judge and the Minnesota Pollution Control Agency
disagree on the need to create a sanitary district, they must determine whether
not allowing the sanitary district formation will have a detrimental effect on
the environment. If it is determined
that the sanitary district formation will prevent environmental harm, the
sanitary district creation or connection to an existing wastewater treatment
system must occur.
Subd. 2. Proceeding to create sanitary district. (a) A proceeding for the creation of a
district may be initiated by a petition to the chief administrative law judge
containing the following:
(1) a request for creation of the proposed district;
(2) the name proposed for the district, to include the words
"sanitary district";
(3) a legal description of the territory of the proposed
district, including justification for inclusion or exclusion for all parcels;
(4) addresses of every property owner within the proposed
district boundaries as provided by the county auditor, with certification from
the county auditor; two sets of address labels for said owners; and a list of
e-mail addresses for said owners, if available;
(5) a statement showing the existence in the territory of
the conditions requisite for creation of a district as prescribed in
subdivision 1;
(6) a statement of the territorial units represented by and
the qualifications of the respective signers; and
(7) the post office address of each signer, given under the
signer's signature.
A
petition may consist of separate writings of like effect, each signed by one or
more qualified persons, and all such writings, when filed, shall be considered
together as a single petition.
(b) Petitioners must conduct and pay for a public meeting to
inform citizens of the proposed creation of the district. At the meeting, information must be provided,
including a description of the district's proposed structure, bylaws,
territory, ordinances, budget, and charges and a description of the territory
of the proposed district, including justification for inclusion or exclusion
for all parcels. Notice of the meeting
must be published for two successive weeks in a qualified newspaper, as defined
under chapter 331A, published within the territory of the proposed district or,
if there is no qualified newspaper published within the territory, in a
qualified newspaper of general circulation in the territory, and must be posted
for two weeks in each territorial unit of the proposed district and on the Web
site of the proposed district, if one exists.
Notice of the meeting must be mailed or e-mailed at least three weeks
prior to the meeting to all property tax billing addresses for all parcels
included in the proposed district. The
following must be submitted to the chief administrative law judge with the
petition:
(1) a record of the meeting, including copies of all
information provided at the meeting;
(2)
a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;
(3) a copy of the e-mail list used to notify property owners
of the meeting;
(4) the printer's affidavit of publication of public meeting
notice;
(5) an affidavit of posting the
public meeting notice with information on dates and locations of posting; and
(6) the minutes or other record of the public meeting
documenting that the following topics were discussed: printer's affidavit of publication of each
resolution, with a copy of the resolution from the newspaper attached; and the
affidavit of resolution posting on the town or proposed district Web site.
(c) Every petition must be signed as follows:
(1) for each municipality wherein there is a territorial
unit of the proposed district, by an authorized officer pursuant to a
resolution of the municipal governing body;
(2) for each organized town wherein there is a territorial
unit of the proposed district, by an authorized officer pursuant to a
resolution of the town board;
(3) for each county wherein there is a territorial unit of
the proposed district consisting of an unorganized area, by an authorized
officer pursuant to a resolution of the county board or by at least 20 percent
of the voters residing and owning land within the unit.
(d) Each resolution must be published in the official
newspaper of the governing body adopting it and becomes effective 40 days after
publication, unless within said period there shall be filed with the governing
body a petition signed by qualified electors of a territorial unit of the
proposed district, equal in number to five percent of the number of electors
voting at the last preceding election of the governing body, requesting a
referendum on the resolution, in which case the resolution may not become
effective until approved by a majority of the qualified electors voting at a
regular election or special election that the governing body may call. The notice of an election and the ballot to
be used must contain the text of the resolution followed by the question: "Shall the above resolution be
approved?"
(e) If any signer is alleged to be a landowner in a
territorial unit, a statement as to the signer's landowner status as shown by
the county auditor's tax assessment records, certified by the auditor, shall be
attached to or endorsed upon the petition.
(f) At any time before publication of the public notice
required in subdivision 3, additional signatures may be added to the petition
or amendments of the petition may be made to correct or remedy any error or
defect in signature or otherwise except a material error or defect in the
description of the territory of the proposed district. If the qualifications of any signer of a
petition are challenged, the chief administrative law judge shall determine the
challenge forthwith on the allegations of the petition, the county auditor's
certificate of land ownership, and such other evidence as may be received.
Subd. 3. Notice of intent to create sanitary district. (a) Upon receipt of a petition and the
record of the public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent to create the
proposed sanitary district in the State Register and mail or e-mail information
of that publication to each property owner in the affected territory at the
owner's address as given by the county auditor.
The information must state the date that the notice will appear in the
State Register and give the Web site location for the State Register. The notice must:
(1) describe the petition for creation of the district;
(2) describe the territory affected by the petition;
(3) allow 30 days for submission of written comments on the
petition;
(4) state that a person who
objects to the petition may submit a written request for hearing to the chief
administrative law judge within 30 days of the publication of the notice in the
State Register; and
(5) state that if a timely request for hearing is not
received, the chief administrative law judge may make a decision on the
petition.
(b) If 50 or more individual timely requests for hearing are
received, the chief administrative law judge must hold a hearing on the
petition according to the contested case provisions of chapter 14. The sanitary district proposers are
responsible for paying all costs involved in publicizing and holding a hearing
on the petition.
Subd. 4. Hearing time, place. If
a hearing is required pursuant to subdivision 3, the chief administrative law
judge shall designate a time and place for a hearing according to section
442A.13.
Subd. 5. Relevant factors. (a)
In arriving at a decision, the chief administrative law judge shall consider
the following factors:
(1) administrative feasibility;
(2) public health, safety, and welfare impacts;
(3) alternatives for managing the public health impacts;
(4) equities of the petition proposal;
(5) contours of the petition proposal; and
(6) public notification of and interaction on the petition
proposal.
(b) Based on the factors in paragraph (a), the chief
administrative law judge may order the sanitary district creation on finding
that:
(1) the proposed district is administratively feasible;
(2) the proposed district provides a long-term, equitable
solution to pollution problems affecting public health, safety, and welfare;
(3) property owners within the proposed district were
provided notice of the proposed district and opportunity to comment on the
petition proposal; and
(4) the petition complied with the requirements of all
applicable statutes and rules pertaining to sanitary district creation.
(c) The chief administrative law judge may alter the boundaries
of the proposed sanitary district by increasing or decreasing the area to be
included or may exclude property that may be better served by another unit of
government. The chief administrative law
judge may also alter the boundaries of the proposed district so as to follow
visible, clearly recognizable physical features for municipal boundaries.
(d) The chief administrative law judge may deny sanitary
district creation if the area, or a part thereof, would be better served by an
alternative method.
(e) In all cases, the chief administrative law judge shall
set forth the factors that are the basis for the decision.
Subd. 6.
Subd. 7. Denial of petition. If
the chief administrative law judge, after conclusion of the public notice
period or holding a hearing, if required, determines that the creation of a
district in the territory described in the petition is not warranted, the judge
shall make an order denying the petition.
The chief administrative law judge shall give notice of the denial by
mail or e-mail to each signer of the petition.
No petition for the creation of a district consisting of the same
territory shall be entertained within a year after the date of an order under
this subdivision. Nothing in this
subdivision precludes action on a petition for the creation of a district
embracing part of the territory with or without other territory.
Subd. 8. Notice of order creating sanitary district. The chief administrative law judge
shall publish a notice in the State Register of the final order creating a
sanitary district, referring to the date of the order and describing the
territory of the district, and shall mail or e-mail information of the
publication to each property owner in the affected territory at the owner's
address as given by the county auditor. The
information must state the date that the notice will appear in the State
Register and give the Web site location for the State Register. The notice must:
(1) describe the petition for creation of the district;
(2) describe the territory affected by the petition; and
(3) state that a certified copy of the order shall be
delivered to the secretary of state for filing ten days after public notice of
the order in the State Register.
Subd. 9. Filing. Ten days
after public notice of the order in the State Register, the chief administrative
law judge shall deliver a certified copy of the order to the secretary of state
for filing. Thereupon, the creation of
the district is deemed complete, and it shall be conclusively presumed that all
requirements of law relating thereto have been complied with. The chief administrative law judge shall also
transmit a certified copy of the order for filing to the county auditor of each
county and the clerk or recorder of each municipality and organized town
wherein any part of the territory of the district is situated and to the
secretary of the district board when elected.
Sec. 7. [442A.05] SANITARY DISTRICT ANNEXATION.
Subdivision 1. Annexation. (a) A
sanitary district annexation may occur under this chapter for any area adjacent
to an existing district upon a petition to the chief administrative law judge
stating the grounds therefor as provided in this section.
(b) The proposed annexation area must embrace an area or a
group of two or more adjacent areas, whether contiguous or separate, but not
situated entirely within the limits of a single municipality. The proposed annexation must promote public
health and welfare by providing an adequate and efficient system and means of
collecting, conveying, pumping, treating, and disposing of domestic sewage and
garbage and industrial wastes within the district. When the chief administrative law judge or
the Minnesota Pollution Control Agency finds that there is need throughout the
territory for the accomplishment of these purposes, that these purposes can be
effectively accomplished on an equitable basis by annexation to a district, and
that the creation and maintenance of such annexation will be administratively
feasible and in furtherance of the public health, safety, and welfare, the
chief administrative law judge shall make an order for sanitary district
annexation.
(c) Notwithstanding paragraph
(b), no annexation to a district shall be approved within 25 miles of the
boundary of any city of the first class without the approval of the governing
body thereof and the approval of the governing body of each and every
municipality in the proposed annexation area by resolution filed with the chief
administrative law judge.
(d) If the chief administrative law
judge and the Minnesota Pollution Control Agency disagree on the need for a
sanitary district annexation, they must determine whether not allowing the
sanitary district annexation will have a detrimental effect on the
environment. If it is determined that
the sanitary district annexation will prevent environmental harm, the sanitary
district annexation or connection to an existing wastewater treatment system
must occur.
Subd. 2. Proceeding for annexation.
(a) A proceeding for sanitary district annexation may be
initiated by a petition to the chief administrative law judge containing the
following:
(1) a request for proposed annexation to a sanitary
district;
(2) a legal description of the territory of the proposed
annexation, including justification for inclusion or exclusion for all parcels;
(3) addresses of every property owner within the existing
sanitary district and proposed annexation area boundaries as provided by the
county auditor, with certification from the county auditor; two sets of address
labels for said owners; and a list of e-mail addresses for said owners, if
available;
(4) a statement showing the existence in such territory of
the conditions requisite for annexation to a district as prescribed in
subdivision 1;
(5) a statement of the territorial units represented by and
qualifications of the respective signers; and
(6) the post office address of each signer, given under the
signer's signature.
A
petition may consist of separate writings of like effect, each signed by one or
more qualified persons, and all such writings, when filed, shall be considered
together as a single petition.
(b) Petitioners must conduct and pay for a public meeting to
inform citizens of the proposed annexation to a sanitary district. At the meeting, information must be provided,
including a description of the existing sanitary district's structure, bylaws,
territory, ordinances, budget, and charges; a description of the existing
sanitary district's territory; and a description of the territory of the
proposed annexation area, including justification for inclusion or exclusion
for all parcels for the annexation area.
Notice of the meeting must be published for two successive weeks in a
qualified newspaper, as defined under chapter 331A, published within the
territories of the existing sanitary district and proposed annexation area or,
if there is no qualified newspaper published within those territories, in a
qualified newspaper of general circulation in the territories, and must be
posted for two weeks in each territorial unit of the existing sanitary district
and proposed annexation area and on the Web site of the existing sanitary
district, if one exists. Notice of the
meeting must be mailed or e-mailed at least three weeks prior to the meeting to
all property tax billing addresses for all parcels included in the existing
sanitary district and proposed annexation area.
The following must be submitted to the chief administrative law judge
with the petition:
(1) a record of the meeting, including copies of all
information provided at the meeting;
(2) a copy of the mailing list provided by the county
auditor and used to notify property owners of the meeting;
(3) a copy of the e-mail list used to notify property owners
of the meeting;
(4) the printer's affidavit of
publication of the public meeting notice;
(5) an affidavit of posting the public meeting notice with
information on dates and locations of posting; and
(6) the minutes or other record of the public meeting
documenting that the following topics were discussed: printer's affidavit of publication of each
resolution, with copy of resolution from newspaper attached; and affidavit of
resolution posting on town or existing sanitary district Web site.
(c) Every petition must be signed as follows:
(1) by an authorized officer of the existing sanitary
district pursuant to a resolution of the board;
(2) for each municipality wherein there is a territorial
unit of the proposed annexation area, by an authorized officer pursuant to a
resolution of the municipal governing body;
(3) for each organized town wherein there is a territorial
unit of the proposed annexation area, by an authorized officer pursuant to a
resolution of the town board; and
(4) for each county wherein there is a territorial unit of
the proposed annexation area consisting of an unorganized area, by an
authorized officer pursuant to a resolution of the county board or by at least
20 percent of the voters residing and owning land within the unit.
(d) Each resolution must be published in the official
newspaper of the governing body adopting it and becomes effective 40 days after
publication, unless within said period there shall be filed with the governing
body a petition signed by qualified electors of a territorial unit of the
proposed annexation area, equal in number to five percent of the number of
electors voting at the last preceding election of the governing body,
requesting a referendum on the resolution, in which case the resolution may not
become effective until approved by a majority of the qualified electors voting
at a regular election or special election that the governing body may call. The notice of an election and the ballot to
be used must contain the text of the resolution followed by the question: "Shall the above resolution be
approved?"
(e) If any signer is alleged to be a landowner in a
territorial unit, a statement as to the signer's landowner status as shown by
the county auditor's tax assessment records, certified by the auditor, shall be
attached to or endorsed upon the petition.
(f) At any time before publication of the public notice
required in subdivision 4, additional signatures may be added to the petition
or amendments of the petition may be made to correct or remedy any error or
defect in signature or otherwise except a material error or defect in the
description of the territory of the proposed annexation area. If the qualifications of any signer of a
petition are challenged, the chief administrative law judge shall determine the
challenge forthwith on the allegations of the petition, the county auditor's
certificate of land ownership, and such other evidence as may be received.
Subd. 3. Joint petition. Different
areas may be annexed to a district in a single proceeding upon a joint petition
therefor and upon compliance with the provisions of subdivisions 1 and 2 with
respect to the area affected so far as applicable.
Subd. 4. Notice of intent for sanitary district annexation. (a) Upon receipt of a petition and the
record of public meeting required under subdivision 2, the chief administrative
law judge shall publish a notice of intent for sanitary district annexation in
the State Register and mail or e-mail information of the publication to each
property owner in the affected territory at the owner's address as given by the
county auditor. The information must
state the date that the notice will appear in the State Register and give the
Web site location for the State Register.
The notice must:
(1) describe the petition for
sanitary district annexation;
(2) describe the territory affected by the petition;
(3) allow 30 days for submission of written comments on the
petition;
(4) state that a person who objects to the petition may
submit a written request for hearing to the chief administrative law judge
within 30 days of the publication of the notice in the State Register; and
(5) state that if a timely request for hearing is not
received, the chief administrative law judge may make a decision on the
petition.
(b) If 50 or more individual timely requests for hearing are
received, the chief administrative law judge must hold a hearing on the
petition according to the contested case provisions of chapter 14. The sanitary district or annexation area
proposers are responsible for paying all costs involved in publicizing and
holding a hearing on the petition.
Subd. 5. Hearing time, place. If
a hearing is required under subdivision 4, the chief administrative law judge
shall designate a time and place for a hearing according to section 442A.13.
Subd. 6. Relevant factors. (a)
In arriving at a decision, the chief administrative law judge shall consider
the following factors:
(1) administrative feasibility;
(2) public health, safety, and welfare impacts;
(3) alternatives for managing the public health impacts;
(4) equities of the petition proposal;
(5) contours of the petition proposal; and
(6) public notification of and interaction on the petition
proposal.
(b) Based upon these factors, the chief administrative law
judge may order the annexation to the sanitary district on finding that:
(1) the sanitary district is knowledgeable and experienced
in delivering sanitary sewer services to ratepayers and has provided quality
service in a fair and cost-effective manner;
(2) the proposed annexation provides a long-term, equitable
solution to pollution problems affecting public health, safety, and welfare;
(3) property owners within the existing sanitary district
and proposed annexation area were provided notice of the proposed district and
opportunity to comment on the petition proposal; and
(4) the petition complied with the requirements of all
applicable statutes and rules pertaining to sanitary district annexation.
(c) The chief administrative law
judge may alter the boundaries of the proposed annexation area by increasing or
decreasing the area to be included or may exclude property that may be better
served by another unit of government. The
chief administrative law judge may also alter the boundaries of the proposed
annexation area so as to follow visible, clearly recognizable physical features
for municipal boundaries.
(d) The chief administrative law judge may deny sanitary
district annexation if the area, or a part thereof, would be better served by
an alternative method.
(e) In all cases, the chief administrative law judge shall
set forth the factors that are the basis for the decision.
Subd. 7. Findings;
order. (a) After the public
notice period or the public hearing, if required under subdivision 4, and based on the petition, any
public comments received, and, if a hearing was held, the hearing record, the
chief administrative law judge shall make findings of fact and conclusions
determining whether the conditions requisite for the sanitary district
annexation exist in the territory described in the petition. If the chief administrative law judge finds
that conditions exist, the judge may make an order for sanitary district
annexation for the territory described in the petition.
(b) All taxable property within the annexed area shall be
subject to taxation for any existing bonded indebtedness or other indebtedness
of the district for the cost of acquisition, construction, or improvement of
any disposal system or other works or facilities beneficial to the annexed area
to such extent as the chief administrative law judge may determine to be just
and equitable, to be specified in the order for annexation. The proper officers shall levy further taxes
on such property accordingly.
Subd. 8. Denial of petition. If
the chief administrative law judge, after conclusion of the public notice
period or holding a hearing, if required, determines that the sanitary district
annexation in the territory described in the petition is not warranted, the
judge shall make an order denying the petition.
The chief administrative law judge shall give notice of the denial by
mail or e-mail to each signer of the petition.
No petition for a sanitary district annexation consisting of the same territory
shall be entertained within a year after the date of an order under this
subdivision. Nothing in this subdivision
precludes action on a petition for a sanitary district annexation embracing
part of the territory with or without other territory.
Subd. 9. Notice of order for sanitary district annexation. The chief administrative law judge
shall publish in the State Register a notice of the final order for sanitary
district annexation, referring to the date of the order and describing the
territory of the annexation area, and shall mail or e-mail information of the
publication to each property owner in the affected territory at the owner's
address as given by the county auditor. The
information must state the date that the notice will appear in the State
Register and give the Web site location for the State Register. The notice must:
(1) describe the petition for annexation to the district;
(2) describe the territory affected by the petition; and
(3) state that a certified copy of the order shall be
delivered to the secretary of state for filing ten days after public notice of
the order in the State Register.
Subd. 10. Filing. Ten days
after public notice of the order in the State Register, the chief administrative
law judge shall deliver a certified copy of the order to the secretary of state
for filing. Thereupon, the sanitary
district annexation is deemed complete, and it shall be conclusively presumed
that all requirements of law relating thereto have been complied with. The chief administrative law judge shall also
transmit a certified copy of the order for filing to the county auditor of each
county and the clerk or recorder of each municipality and organized town
wherein any part of the territory of the district, including the newly annexed
area, is situated and to the secretary of the district board.
Sec. 8. [442A.06]
SANITARY DISTRICT DETACHMENT.
Subdivision 1. Detachment. (a) A
sanitary district detachment may occur under this chapter for any area within
an existing district upon a petition to the chief administrative law judge
stating the grounds therefor as provided in this section.
(b) The proposed detachment must not
have any negative environmental impact on the proposed detachment area.
(c) If the chief administrative law judge and the Minnesota
Pollution Control Agency disagree on the need for a sanitary district
detachment, they must determine whether not allowing the sanitary district
detachment will have a detrimental effect on the environment. If it is determined that the sanitary
district detachment will cause environmental harm, the sanitary district
detachment is not allowed unless the detached area is immediately connected to
an existing wastewater treatment system.
Subd. 2. Proceeding for detachment.
(a) A proceeding for sanitary district detachment may be
initiated by a petition to the chief administrative law judge containing the
following:
(1) a request for proposed detachment from a sanitary
district;
(2) a statement that the requisite
conditions for inclusion in a district no longer exist in the proposed
detachment area;
(3) a legal description of the territory of the proposed
detachment, including justification for inclusion or exclusion for all parcels;
(4) addresses of every property owner within the sanitary
district and proposed detachment area boundaries as provided by the county
auditor, with certification from the county auditor; two sets of address labels
for said owners; and a list of e-mail addresses for said owners, if available;
(5) a statement of the territorial units represented by and
qualifications of the respective signers; and
(6) the post office address of each signer, given under the
signer's signature.
A
petition may consist of separate writings of like effect, each signed by one or
more qualified persons, and all such writings, when filed, shall be considered
together as a single petition.
(b) Petitioners must conduct and pay for a public meeting to
inform citizens of the proposed detachment from a sanitary district. At the meeting, information must be provided,
including a description of the existing district's territory and a description
of the territory of the proposed detachment area, including justification for
inclusion or exclusion for all parcels for the detachment area. Notice of the meeting must be published for
two successive weeks in a qualified newspaper, as defined under chapter 331A,
published within the territories of the existing sanitary district and proposed
detachment area or, if there is no qualified newspaper published within those
territories, in a qualified newspaper of general circulation in the
territories, and must be posted for two weeks in each territorial unit of the
existing sanitary district and proposed detachment area and on the Web site of
the existing sanitary district, if one exists.
Notice of the meeting must be mailed or e-mailed at least three weeks
prior to the meeting to all property tax billing addresses for all parcels
included in the sanitary district. The
following must be submitted to the chief administrative law judge with the
petition:
(1) a record of the meeting, including copies of all
information provided at the meeting;
(2) a copy of the mailing list provided by the county
auditor and used to notify property owners of the meeting;
(3) a copy of the e-mail list
used to notify property owners of the meeting;
(4) the printer's affidavit of publication of public meeting
notice;
(5) an affidavit of posting the public meeting notice with
information on dates and locations of posting; and
(6) minutes or other record of the public meeting
documenting that the following topics were discussed: printer's affidavit of publication of each
resolution, with copy of resolution from newspaper attached; and affidavit of
resolution posting on town or existing sanitary district Web site.
(c) Every petition must be signed as follows:
(1) by an authorized officer of the existing sanitary
district pursuant to a resolution of the board;
(2) for each municipality wherein there is a territorial
unit of the proposed detachment area, by an authorized officer pursuant to a
resolution of the municipal governing body;
(3) for each organized town wherein there is a territorial
unit of the proposed detachment area, by an authorized officer pursuant to a
resolution of the town board; and
(4) for each county wherein there is a territorial unit of
the proposed detachment area consisting of an unorganized area, by an
authorized officer pursuant to a resolution of the county board or by at least
20 percent of the voters residing and owning land within the unit.
(d) Each resolution must be published in the official
newspaper of the governing body adopting it and becomes effective 40 days after
publication, unless within said period there shall be filed with the governing
body a petition signed by qualified electors of a territorial unit of the
proposed detachment area, equal in number to five percent of the number of
electors voting at the last preceding election of the governing body,
requesting a referendum on the resolution, in which case the resolution may not
become effective until approved by a majority of the qualified electors voting
at a regular election or special election that the governing body may call. The notice of an election and the ballot to
be used must contain the text of the resolution followed by the question: "Shall the above resolution be
approved?"
(e) If any signer is alleged to be a landowner in a
territorial unit, a statement as to the signer's landowner status as shown by
the county auditor's tax assessment records, certified by the auditor, shall be
attached to or endorsed upon the petition.
(f) At any time before publication of the public notice
required in subdivision 4, additional signatures may be added to the petition
or amendments of the petition may be made to correct or remedy any error or
defect in signature or otherwise except a material error or defect in the
description of the territory of the proposed detachment area. If the qualifications of any signer of a
petition are challenged, the chief administrative law judge shall determine the
challenge forthwith on the allegations of the petition, the county auditor's
certificate of land ownership, and such other evidence as may be received.
Subd. 3. Joint petition. Different
areas may be detached from a district in a single proceeding upon a joint
petition therefor and upon compliance with the provisions of subdivisions 1 and
2 with respect to the area affected so far as applicable.
Subd. 4. Notice of intent for sanitary district detachment. (a) Upon receipt of a petition and
record of public meeting required under subdivision 2, the chief administrative
law judge shall publish a notice of intent for sanitary district detachment in
the State Register and mail or e-mail information of the publication to each
property owner in the affected territory at the owner's address as given by the
county auditor. The information must
state the date that the notice will appear in the State Register and give the
Web site location for the State Register.
The notice must:
(1) describe the petition for
sanitary district detachment;
(2) describe the territory affected by the petition;
(3) allow 30 days for submission of written comments on the
petition;
(4) state that a person who objects to the petition may
submit a written request for hearing to the chief administrative law judge
within 30 days of the publication of the notice in the State Register; and
(5) state that if a timely request for hearing is not
received, the chief administrative law judge may make a decision on the
petition.
(b) If 50 or more individual timely requests for hearing are
received, the chief administrative law judge must hold a hearing on the
petition according to the contested case provisions of chapter 14. The sanitary district or detachment area
proposers are responsible for paying all costs involved in publicizing and
holding a hearing on the petition.
Subd. 5. Hearing time, place. If
a hearing is required under subdivision 4, the chief administrative law judge
shall designate a time and place for a hearing according to section 442A.13.
Subd. 6. Relevant factors. (a)
In arriving at a decision, the chief administrative law judge shall consider
the following factors:
(1) public health, safety, and welfare impacts for the
proposed detachment area;
(2) alternatives for managing the public health impacts for
the proposed detachment area;
(3) equities of the petition proposal;
(4) contours of the petition proposal; and
(5) public notification of and interaction on the petition
proposal.
(b) Based upon these factors, the chief administrative law
judge may order the detachment from the sanitary district on finding that:
(1) the proposed detachment area has adequate alternatives
for managing public health impacts due to the detachment;
(2) the proposed detachment area is not necessary for the
district to provide a long-term, equitable solution to pollution problems
affecting public health, safety, and welfare;
(3) property owners within the existing sanitary district
and proposed detachment area were provided notice of the proposed detachment
and opportunity to comment on the petition proposal; and
(4) the petition complied with the requirements of all
applicable statutes and rules pertaining to sanitary district detachment.
(c) The chief administrative law judge may alter the
boundaries of the proposed detachment area by increasing or decreasing the area
to be included or may exclude property that may be better served by another
unit of government. The chief
administrative law judge may also alter the boundaries of the proposed
detachment area so as to follow visible, clearly recognizable physical features
for municipal boundaries.
(d) The chief administrative law
judge may deny sanitary district detachment if the area, or a part thereof,
would be better served by an alternative method.
(e) In all cases, the chief administrative law judge shall
set forth the factors that are the basis for the decision.
Subd. 7. Findings;
order. (a) After the public
notice period or the public hearing, if required under subdivision 4, and based on the petition, any
public comments received, and, if a hearing was held, the hearing record, the
chief administrative law judge shall make findings of fact and conclusions
determining whether the conditions requisite for the sanitary district
detachment exist in the territory described in the petition. If the chief administrative law judge finds
that conditions exist, the judge may make an order for sanitary district
detachment for the territory described in the petition.
(b) All taxable property within the detached area shall
remain subject to taxation for any existing bonded indebtedness of the district
to such extent as it would have been subject thereto if not detached and shall
also remain subject to taxation for any other existing indebtedness of the
district incurred for any purpose beneficial to such area to such extent as the
chief administrative law judge may determine to be just and equitable, to be
specified in the order for detachment. The
proper officers shall levy further taxes on such property accordingly.
Subd. 8. Denial of petition. If
the chief administrative law judge, after conclusion of the public notice
period or holding a hearing, if required, determines that the sanitary district
detachment in the territory described in the petition is not warranted, the
judge shall make an order denying the petition.
The chief administrative law judge shall give notice of the denial by
mail or e-mail to each signer of the petition.
No petition for a detachment from a district consisting of the same
territory shall be entertained within a year after the date of an order under
this subdivision. Nothing in this
subdivision precludes action on a petition for a detachment from a district
embracing part of the territory with or without other territory.
Subd. 9. Notice
of order for sanitary district detachment.
The chief administrative law judge shall publish in the State
Register a notice of the final order for sanitary district detachment,
referring to the date of the order and describing the territory of the detached
area and shall mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county
auditor. The information must state the
date that the notice will appear in the State Register and give the Web site
location for the State Register. The
notice must:
(1) describe the petition for detachment from the district;
(2) describe the territory affected by the petition; and
(3) state that a certified copy of the order shall be
delivered to the secretary of state for filing ten days after public notice of
the order in the State Register.
Subd. 10. Filing. Ten days
after public notice of the order in the State Register, the chief
administrative law judge shall deliver a certified copy of the order to the
secretary of state for filing. Thereupon,
the sanitary district detachment is deemed complete, and it shall be
conclusively presumed that all requirements of law relating thereto have been
complied with. The chief administrative
law judge shall also transmit a certified copy of the order for filing to the
county auditor of each county and the clerk or recorder of each municipality
and organized town wherein any part of the territory of the district, including
the newly detached area, is situated and to the secretary of the district
board.
Sec. 9. [442A.07] SANITARY DISTRICT DISSOLUTION.
Subdivision 1. Dissolution. (a)
An existing sanitary district may be dissolved under this chapter upon a
petition to the chief administrative law judge stating the grounds therefor as
provided in this section.
(b) The proposed dissolution
must not have any negative environmental impact on the existing sanitary
district area.
(c) If the chief administrative law judge and the Minnesota
Pollution Control Agency disagree on the need to dissolve a sanitary district,
they must determine whether not dissolving the sanitary district will have a
detrimental effect on the environment. If
it is determined that the sanitary district dissolution will cause
environmental harm, the sanitary district dissolution is not allowed unless the
existing sanitary district area is immediately connected to an existing
wastewater treatment system.
Subd. 2. Proceeding for dissolution.
(a) A proceeding for sanitary district dissolution may be
initiated by a petition to the chief administrative law judge containing the
following:
(1) a request for proposed sanitary district dissolution;
(2) a statement that the requisite conditions for a sanitary
district no longer exist in the district area;
(3) a proposal for distribution of the remaining funds of
the district, if any, among the related governmental subdivisions;
(4) a legal description of the territory of the proposed
dissolution;
(5) addresses of every property owner within the sanitary
district boundaries as provided by the county auditor, with certification from
the county auditor; two sets of address labels for said owners; and a list of
e-mail addresses for said owners, if available;
(6) a statement of the territorial units represented by and
the qualifications of the respective signers; and
(7) the post office address of each signer, given under the
signer's signature.
A
petition may consist of separate writings of like effect, each signed by one or
more qualified persons, and all such writings, when filed, shall be considered
together as a single petition.
(b) Petitioners must conduct and pay
for a public meeting to inform citizens of the proposed dissolution of a
sanitary district. At the meeting,
information must be provided, including a description of the existing
district's territory. Notice of the meeting must be published for
two successive weeks in a qualified newspaper, as defined under chapter 331A,
published within the territory of the sanitary district or, if there is no
qualified newspaper published within that territory, in a qualified newspaper
of general circulation in the territory and must be posted for two weeks in
each territorial unit of the sanitary district and on the Web site of the
existing sanitary district, if one exists.
Notice of the meeting must be mailed or e-mailed at least three weeks
prior to the meeting to all property tax billing addresses for all parcels
included in the sanitary district. The
following must be submitted to the chief administrative law judge with the
petition:
(1) a record of the meeting, including copies of all
information provided at the meeting;
(2) a copy of the mailing list provided by the county
auditor and used to notify property owners of the meeting;
(3) a copy of the e-mail list used to notify property owners
of the meeting;
(4) the printer's affidavit of publication of public meeting
notice;
(5) an affidavit of posting the public meeting notice with
information on dates and locations of posting; and
(6) minutes or other record of
the public meeting documenting that the following topics were discussed: printer's affidavit of publication of each
resolution, with copy of resolution from newspaper attached; and affidavit of
resolution posting on town or existing sanitary district Web site.
(c) Every petition must be signed as follows:
(1) by an authorized officer of the existing sanitary
district pursuant to a resolution of the board;
(2) for each municipality wherein there is a territorial
unit of the existing sanitary district, by an authorized officer pursuant to a
resolution of the municipal governing body;
(3) for each organized town wherein there is a territorial
unit of the existing sanitary district, by an authorized officer pursuant to a
resolution of the town board; and
(4) for each county wherein there is a territorial unit of
the existing sanitary district consisting of an unorganized area, by an
authorized officer pursuant to a resolution of the county board or by at least
20 percent of the voters residing and owning land within the unit.
(d) Each resolution must be published in the official
newspaper of the governing body adopting it and becomes effective 40 days after
publication, unless within said period there shall be filed with the governing
body a petition signed by qualified electors of a territorial unit of the
district, equal in number to five percent of the number of electors voting at
the last preceding election of the governing body, requesting a referendum on
the resolution, in which case the resolution may not become effective until
approved by a majority of the qualified electors voting at a regular election
or special election that the governing body may call. The notice of an election and the ballot to
be used must contain the text of the resolution followed by the question: "Shall the above resolution be
approved?"
(e) If any signer is alleged to be a landowner in a
territorial unit, a statement as to the signer's landowner status as shown by
the county auditor's tax assessment records, certified by the auditor, shall be
attached to or endorsed upon the petition.
(f) At any time before publication of the public notice
required in subdivision 3, additional signatures may be added to the petition
or amendments of the petition may be made to correct or remedy any error or
defect in signature or otherwise except a material error or defect in the
description of the territory of the proposed dissolution area. If the qualifications of any signer of a
petition are challenged, the chief administrative law judge shall determine the
challenge forthwith on the allegations of the petition, the county auditor's
certificate of land ownership, and such other evidence as may be received.
Subd. 3. Notice
of intent for sanitary district dissolution. (a) Upon receipt of a petition and
record of the public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent of sanitary district
dissolution in the State Register and mail or e-mail information of the
publication to each property owner in the affected territory at the owner's
address as given by the county auditor.
The information must state the date that the notice will appear in the
State Register and give the Web site location for the State Register. The notice must:
(1) describe the petition for sanitary district dissolution;
(2) describe the territory affected by the petition;
(3) allow 30 days for submission of written comments on the
petition;
(4) state that a person who objects to the petition may
submit a written request for hearing to the chief administrative law judge
within 30 days of the publication of the notice in the State Register; and
(5) state that if a timely
request for hearing is not received, the chief administrative law judge may
make a decision on the petition.
(b) If 50 or more individual timely requests for hearing are
received, the chief administrative law judge must hold a hearing on the
petition according to the contested case provisions of chapter 14. The sanitary district dissolution proposers
are responsible for paying all costs involved in publicizing and holding a
hearing on the petition.
Subd. 4. Hearing time, place. If
a hearing is required under subdivision 3, the chief administrative law judge shall
designate a time and place for a hearing according to section 442A.13.
Subd. 5. Relevant factors. (a)
In arriving at a decision, the chief administrative law judge shall consider
the following factors:
(1) public health, safety, and welfare impacts for the
proposed dissolution;
(2) alternatives for managing the public health impacts for
the proposed dissolution;
(3) equities of the petition proposal;
(4) contours of the petition proposal; and
(5) public notification of and interaction on the petition
proposal.
(b) Based upon these factors, the chief administrative law
judge may order the dissolution of the sanitary district on finding that:
(1) the proposed dissolution area has adequate alternatives
for managing public health impacts due to the dissolution;
(2) the sanitary district is not necessary to provide a
long-term, equitable solution to pollution problems affecting public health,
safety, and welfare;
(3) property owners within the sanitary district were
provided notice of the proposed dissolution and opportunity to comment on the
petition proposal; and
(4) the petition complied with the requirements of all
applicable statutes and rules pertaining to sanitary district dissolution.
(c) The chief administrative law judge may alter the
boundaries of the proposed dissolution area by increasing or decreasing the
area to be included or may exclude property that may be better served by
another unit of government. The chief
administrative law judge may also alter the boundaries of the proposed
dissolution area so as to follow visible, clearly recognizable physical
features for municipal boundaries.
(d) The chief administrative law judge may deny sanitary
district dissolution if the area, or a part thereof, would be better served by
an alternative method.
(e) In all cases, the chief administrative law judge shall
set forth the factors that are the basis for the decision.
Subd. 6. Findings;
order. (a) After the public
notice period or the public hearing, if required under subdivision 3, and based on the petition, any
public comments received, and, if a hearing was held, the hearing record, the
chief administrative law judge shall make findings of fact and conclusions
determining whether the conditions requisite for the sanitary district
dissolution exist in the territory described in the petition. If the chief administrative law judge finds
that conditions exist, the judge may make an order for sanitary district
dissolution for the territory described in the petition.
(b) If the chief administrative law judge determines that
the conditions requisite for the creation of the district no longer exist
therein, that all indebtedness of the district has been paid, and that all
property of the district except funds has been disposed of, the judge may make
an order dissolving the district and directing the distribution of its
remaining funds, if any, among the related governmental subdivisions on such basis
as the chief administrative law judge determines to be just and equitable, to
be specified in the order.
Subd. 7. Denial of petition. If
the chief administrative law judge, after conclusion of the public notice
period or holding a hearing, if required, determines that the sanitary district
dissolution in the territory described in the petition is not warranted, the
judge shall make an order denying the petition.
The chief administrative law judge shall give notice of the denial by
mail or e-mail to each signer of the petition.
No petition for the dissolution of a district consisting of the same
territory shall be entertained within a year after the date of an order under
this subdivision.
Subd. 8. Notice of order for sanitary district dissolution. The chief administrative law judge
shall publish in the State Register a notice of the final order for sanitary
district dissolution, referring to the date of the order and describing the
territory of the dissolved district and shall mail or e-mail information of the
publication to each property owner in the affected territory at the owner's
address as given by the county auditor. The
information must state the date that the notice will appear in the State
Register and give the Web site location of the State Register. The notice must:
(1) describe the petition for dissolution of the district;
(2) describe the territory affected by the petition; and
(3) state that a certified copy of the order shall be
delivered to the secretary of state for filing ten days after public notice of
the order in the State Register.
Subd. 9. Filing. (a) Ten
days after public notice of the order in the State Register, the chief administrative
law judge shall deliver a certified copy of the order to the secretary of state
for filing. Thereupon, the sanitary
district dissolution is deemed complete, and it shall be conclusively presumed
that all requirements of law relating thereto have been complied with. The chief administrative law judge shall also
transmit a certified copy of the order for filing to the county auditor of each
county and the clerk or recorder of each municipality and organized town
wherein any part of the territory of the dissolved district is situated and to
the secretary of the district board.
(b) The chief administrative law judge shall also transmit a
certified copy of the order to the treasurer of the district, who must
thereupon distribute the remaining funds of the district as directed by the
order and who is responsible for the funds until so distributed.
Sec. 10. [442A.08] JOINT PUBLIC INFORMATIONAL
MEETING.
There must be a joint public informational meeting of the
local governments of any proposed sanitary district creation, annexation,
detachment, or dissolution. The joint
public informational meeting must be held after the final mediation meeting or
the final meeting held according to section 442A.02, subdivision 8, if any, and
before the hearing on the matter is held.
If no mediation meetings are held, the joint public informational
meeting must be held after the initiating documents have been filed and before
the hearing on the matter. The time,
date, and place of the public informational meeting must be determined jointly
by the local governments in the proposed creation, annexation, detachment, or
dissolution areas and by the sanitary district, if one exists. The chair of the sanitary district, if one
exists, and the responsible official for one of the local governments
represented at the meeting must serve as the co-chairs for the
informational meeting. Notice of the
time, date, place, and purpose of the informational meeting must be posted by
the sanitary district, if one exists, and local governments in designated
places for posting notices. The sanitary
district, if one exists, and represented local governments must also publish,
at their own expense, notice in their respective official newspapers. If the same official newspaper is used by
multiple local government representatives or the sanitary district, a joint
notice may be published and the costs evenly divided. All notice required by this section must be
provided at least ten days before the date for the public informational meeting. At the public informational meeting, all
persons appearing must have an opportunity to be heard, but the co-chairs may,
by mutual agreement, establish the amount of time allowed for each speaker. The sanitary district board, the local
government representatives, and any resident or affected property owner may be
represented by counsel and may place into the record of the informational
meeting documents, expert opinions, or other materials supporting their
positions on issues raised by the proposed proceeding. The secretary of the sanitary district, if
one exists, or a person appointed by the chair must record minutes of the
proceedings of the informational meeting and must make an audio recording of
the informational meeting. The sanitary
district, if one exists, or a person appointed by the chair must provide the
chief administrative law judge and the represented local governments with a
copy of the printed minutes and must provide the chief administrative law judge
and the represented local governments with a copy of the audio recording. The record of the informational meeting for a
proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is admissible in
any proceeding under this chapter and shall be taken into consideration by the
chief administrative law judge or the chief administrative law judge's
designee.
Sec. 11. [442A.09] ANNEXATION BY ORDER OF
POLLUTION CONTROL AGENCY.
Subdivision 1. Annexation by ordinance alternative. If a determination or order by the
Minnesota Pollution Control Agency under section 115.49 or other similar
statute is made that cooperation by contract is necessary and feasible between
a sanitary district and an unincorporated area located outside the existing
corporate limits of the sanitary district, the sanitary district required to
provide or extend through a contract a governmental service to an
unincorporated area, during the statutory 90-day period provided in section
115.49 to formulate a contract, may in the alternative to formulating a service
contract to provide or extend the service, declare the unincorporated area
described in the Minnesota Pollution Control Agency's determination letter or
order annexed to the sanitary district by adopting an ordinance and submitting
it to the chief administrative law judge.
Subd. 2. Chief administrative law judge's role. The chief administrative law judge may
review and comment on the ordinance but shall approve the ordinance within 30
days of receipt. The ordinance is final
and the annexation is effective on the date the chief administrative law judge
approves the ordinance.
Sec. 12. [442A.10] PETITIONERS TO PAY EXPENSES.
Expenses of the preparation and submission of petitions in
the proceedings under sections 442A.04 to 442A.09 shall be paid by the
petitioners. Notwithstanding section
16A.1283, the Office of Administrative Hearings may adopt rules according to
section 14.386 to establish fees necessary to support the preparation and
submission of petitions in proceedings under sections 442A.04 to 442A.09. The fees collected by the Office of
Administrative Hearings shall be deposited in the environmental fund.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. [442A.11] TIME LIMITS FOR ORDERS;
APPEALS.
Subdivision 1. Orders;
time limit. All orders in
proceedings under this chapter shall be issued within one year from the date of
the first hearing thereon, provided that the time may be extended for a fixed
additional period upon consent of all parties of record. Failure to so order shall be deemed to be an
order denying the matter. An appeal may
be taken from such failure to so order in the same manner as an appeal from an
order as provided in subdivision 2.
Subd. 2.
(1) the order was issued without jurisdiction to act;
(2) the order exceeded the jurisdiction of the presiding
administrative law judge;
(3) the order was arbitrary, fraudulent, capricious, or
oppressive or in unreasonable disregard of the best interests of the territory
affected; or
(4) the order was based upon an erroneous theory of law.
(b) The appeal must be taken in the district court in the
county in which the majority of the area affected is located. The appeal does not stay the effect of the
order. All notices and other documents
must be served on both the chief administrative law judge and the attorney
general's assistant assigned to the chief administrative law judge for purposes
of this chapter.
(c) If the court determines that the action involved is
unlawful or unreasonable or is not warranted by the evidence in case an issue
of fact is involved, the court may vacate or suspend the action involved, in
whole or in part, as the case requires. The
matter shall then be remanded for further action in conformity with the
decision of the court.
(d) To render a review of an order effectual, the aggrieved
person shall file with the court administrator of the district court of the
county in which the majority of the area is located, within 30 days of the
order, an application for review together with the grounds upon which the
review is sought.
(e) An appeal lies from the district court as in other civil
cases.
Sec. 14. [442A.12]
CHIEF ADMINISTRATIVE LAW JUDGE MAY APPEAL FROM DISTRICT COURT.
An appeal may be taken under the Rules of Civil Appellate
Procedure by the chief administrative law judge from a final order or judgment
made or rendered by the district court when the chief administrative law judge
determines that the final order or judgment adversely affects the public
interest.
Sec. 15. [442A.13] UNIFORM PROCEDURES.
Subdivision 1. Hearings. (a)
Proceedings initiated by the submission of an initiating document or by the
chief administrative law judge shall come on for hearing within 30 to 60 days
from receipt of the document by the chief administrative law judge or from the
date of the chief administrative law judge's action and the person conducting
the hearing must submit an order no later than one year from the date of the
first hearing.
(b) The place of the hearing shall be in the county where a
majority of the affected territory is situated, and shall be established for
the convenience of the parties.
(c) The chief administrative law judge shall mail notice of
the hearing to the following parties: the
sanitary district; any township or municipality presently governing the
affected territory; any township or municipality abutting the affected
territory; the county where the affected territory is situated; and each
planning agency that has jurisdiction over the affected area.
(d) The chief administrative law judge shall see that notice
of the hearing is published for two successive weeks in a legal newspaper of
general circulation in the affected area.
(e) When the chief
administrative law judge exercises authority to change the boundaries of the
affected area so as to increase the quantity of land, the hearing shall be
recessed and reconvened upon two weeks' published notice in a legal newspaper
of general circulation in the affected area.
Subd. 2. Transmittal of order. The
chief administrative law judge shall see that copies of the order are mailed to
all parties entitled to mailed notice of hearing under subdivision 1,
individual property owners if initiated in that manner, and any other party of
record.
Sec. 16. [442A.14] DISTRICT BOARD OF MANAGERS.
Subdivision 1. Composition. The
governing body of each district shall be a board of managers of five members,
who shall be voters residing in the district and who may but need not be
officers, members of governing bodies, or employees of the related governmental
subdivisions, except that when there are more than five territorial units in a
district, there must be one board member for each unit.
Subd. 2. Terms. The terms
of the first board members elected after creation of a district shall be so
arranged and determined by the electing body as to expire on the first business
day in January as follows:
(1) the terms of two members in the second calendar year
after the year in which they were elected;
(2) the terms of two other members in the third calendar
year after the year in which they were elected; and
(3) the term of the remaining member in the fourth calendar
year after the year in which the member was elected. In case a board has more than five members,
the additional members shall be assigned to the groups under clauses (1) to (3)
to equalize the groups as far as practicable.
Thereafter, board members shall be elected successively for regular
terms beginning upon expiration of the preceding terms and expiring on the
first business day in January of the third calendar year thereafter. Each board member serves until a successor is
elected and has qualified.
Subd. 3. Election of board. In
a district having only one territorial unit, all the members of the board shall
be elected by the related governing body.
In a district having more than one territorial unit, the members of the
board shall be elected by the members of the related governing bodies in joint
session except as otherwise provided. The
electing bodies concerned shall meet and elect the first board members of a new
district as soon as practicable after creation of the district and shall meet
and elect board members for succeeding regular terms as soon as practicable
after November 1 next preceding the beginning of the terms to be filled,
respectively.
Subd. 4. Central related governing body.
Upon the creation of a district having more than one territorial
unit, the chief administrative law judge, on the basis of convenience for joint
meeting purposes, shall designate one of the related governing bodies as the
central related governing body in the order creating the district or in a
subsequent special order, of which the chief administrative law judge shall
notify the clerks or recorders of all the related governing bodies. Upon receipt of the notification, the clerk
or recorder of the central related governing body shall immediately transmit
the notification to the presiding officer of the body. The officer shall thereupon call a joint
meeting of the members of all the related governing bodies to elect board
members, to be held at such time as the officer shall fix at the regular
meeting place of the officer's governing body or at such other place in the
district as the officer shall determine.
The clerk or recorder of the body must give at least ten days' notice of
the meeting by mail to the clerks or recorders of all the other related
governing bodies, who shall immediately transmit the notice to all the members
of the related governing bodies, respectively.
Subsequent joint meetings to elect board members for regular terms must
be called and held in like manner. The
presiding officer and the clerk or recorder of the central related governing
body shall act respectively as chair and secretary of the joint electing body
at any meeting thereof, but in case of the absence or disability of either of
them, the body may elect a temporary substitute. A majority of the members of each related
governing body is required for a quorum at any meeting of the joint electing
body.
Subd. 5.
Subd. 6. Election; single governing body.
In the case of an electing body consisting of a single related
governing body, a majority vote of all members is required for an election. In the case of a joint electing body, a
majority vote of members present is required for an election. In case of lack of a quorum or failure to
elect, a meeting of an electing body may be adjourned to a stated time and
place without further notice.
Subd. 7. Election; multiple governing bodies. In any district having more than one
territorial unit, the related governing bodies, instead of meeting in joint
session, may elect a board member by resolutions adopted by all of them
separately, concurring in the election of the same person. A majority vote of all members of each
related governing body is required for the adoption of any such resolution. The clerks or recorders of the other related
governing bodies shall transmit certified copies of the resolutions to the
clerk or recorder of the central related governing body. Upon receipt of concurring resolutions from
all the related governing bodies, the presiding officer and clerk or recorder
of the central related governing body shall certify the results and furnish
certificates of election as provided for a joint meeting.
Subd. 8. Vacancies. Any
vacancy in the membership of a board must be filled for the unexpired term in
like manner as provided for the regular election of board members.
Subd. 9. Certification of election; temporary chair. The presiding and recording officers
of the electing body shall certify the results of each election to the county
auditor of each county wherein any part of the district is situated and to the
clerk or recorder of each related governing body and shall make and transmit to
each board member elected a certificate of the board member's election. Upon electing the first board members of a
district, the presiding officer of the electing body shall designate a member
to serve as temporary chair for purposes of initial organization of the board,
and the recording officer of the body shall include written notice thereof to
all the board members with their certificates of election.
Sec. 17. [442A.15] BOARD ORGANIZATION AND
PROCEDURES.
Subdivision 1. Initial, annual meetings.
As soon as practicable after the election of the first board
members of a district, the board shall meet at the call of the temporary chair
to elect officers and take other appropriate action for organization and
administration of the district. Each
board shall hold a regular annual meeting at the call of the chair or otherwise
as the board prescribes on or as soon as practicable after the first business
day in January of each year and such other regular and special meetings as the
board prescribes.
Subd. 2. Officers. The
officers of each district shall be a chair and a vice-chair, who shall be
members of the board, and a secretary and a treasurer, who may but need not be
members of the board. The board of a new
district at its initial meeting or as soon thereafter as practicable shall
elect the officers to serve until the first business day in January next
following. Thereafter, the board shall
elect the officers at each regular annual meeting for terms expiring on the
first business day in January next following.
Each officer serves until a successor is elected and has qualified.
Subd. 3. Meeting place; offices. The
board at its initial meeting or as soon thereafter as practicable shall provide
for suitable places for board meetings and for offices of the district officers
and may change the same thereafter as the board deems advisable. The meeting place and offices may be the same
as those of any related governing body, with the approval of the body. The secretary of the board shall notify the
secretary of state, the county auditor of each county wherein any part of the
district is situated, and the clerk or recorder of each related governing body
of the locations and post office addresses of the meeting place and offices and
any changes therein.
Subd. 4.
Sec. 18. [442A.16] DISTRICT STATUS AND POWERS.
Subdivision 1. Status. Every
district shall be a public corporation and a governmental subdivision of the
state and shall be deemed to be a municipality or municipal corporation for the
purpose of obtaining federal or state grants or loans or otherwise complying
with any provision of federal or state law or for any other purpose relating to
the powers and purposes of the district for which such status is now or
hereafter required by law.
Subd. 2. Powers and purpose. Every
district shall have the powers and purposes prescribed by this chapter and such
others as may now or hereafter be prescribed by law. No express grant of power or enumeration of
powers herein shall be deemed to limit the generality or scope of any grant of
power.
Subd. 3. Scope of powers and duties.
Except as otherwise provided, a power or duty vested in or
imposed upon a district or any of its officers, agents, or employees shall not
be deemed exclusive and shall not supersede or abridge any power or duty vested
in or imposed upon any other agency of the state or any governmental
subdivision thereof, but shall be supplementary thereto.
Subd. 4. Exercise of power. All
the powers of a district shall be exercised by its board of managers except so
far as approval of any action by popular vote or by any other authority may be
expressly required by law.
Subd. 5. Lawsuits; contracts. A
district may sue and be sued and may enter into any contract necessary or
proper for the exercise of its powers or the accomplishment of its purposes.
Subd. 6. Property acquisition. A
district may acquire by purchase, gift, or condemnation or may lease or rent
any real or personal property within or without the district that may be
necessary for the exercise of district powers or the accomplishment of district
purposes, may hold the property for such purposes, and may lease, rent out,
sell, or otherwise dispose of any property not needed for such purposes.
Subd. 7. Acceptance of money or property.
A district may accept gifts, grants, or loans of money or other
property from the United States, the state, or any person, corporation, or
other entity for district purposes; may enter into any agreement required in
connection therewith; and may hold, use, and dispose of the money or property
according to the terms of the gift, grant, loan, or agreement relating thereto.
Sec. 19. [442A.17] SPECIFIC PURPOSES AND POWERS.
Subdivision 1. Pollution prevention. A
district may construct, install, improve, maintain, and operate any system,
works, or facilities within or without the district required to control and
prevent pollution of any waters of the state within its territory.
Subd. 2. Sewage disposal. A
district may construct, install, improve, maintain, and operate any system,
works, or facilities within or without the district required to provide for,
regulate, and control the disposal of sewage, industrial waste, and other waste
originating within its territory. The
district may require any person upon whose premises there is any source of
sewage, industrial waste, or other waste within the district to connect the
premises with the disposal system, works, or facilities of the district
whenever reasonable opportunity therefor is provided.
Subd. 3.
Subd. 4. Water supply. A
district may procure supplies of water necessary for any purpose under
subdivisions 1 to 3 and may construct, install, improve, maintain, and operate
any system, works, or facilities required therefor within or without the
district.
Subd. 5. Roads. (a) To
maintain the integrity of and facilitate access to district systems, works, or facilities,
the district may maintain and repair a road by agreement with the entity that
was responsible for the performance of maintenance and repair immediately prior
to the agreement. Maintenance and repair
includes but is not limited to providing lighting, snow removal, and grass
mowing.
(b) A district shall establish a taxing subdistrict of
benefited property and shall levy special taxes, pursuant to section 442A.24,
subdivision 2, for the purposes of paying the cost of improvement or
maintenance of a road under paragraph (a).
(c) For purposes of this subdivision, a district shall not
be construed as a road authority under chapter 160.
(d) The district and its officers and employees are exempt
from liability for any tort claim for injury to person or property arising from
travel on a road maintained by the district and related to the road's
maintenance or condition.
Sec. 20. [442A.18] DISTRICT PROJECTS AND
FACILITIES.
Subdivision 1. Public property. For
the purpose of constructing, improving, maintaining, or operating any system,
works, or facilities designed or used for any purpose under section 442A.17, a
district, its officers, agents, employees, and contractors may enter, occupy,
excavate, and otherwise operate in, upon, under, through, or along any public
highway, including a state trunk highway, or any street, park, or other public
grounds so far as necessary for such work, with the approval of the governing
body or other authority in charge of the public property affected and on such
terms as may be agreed upon with the governing body or authority respecting
interference with public use, restoration of previous conditions, compensation
for damages, and other pertinent matters.
If an agreement cannot be reached after reasonable opportunity therefor,
the district may acquire the necessary rights, easements, or other interests in
the public property by condemnation, subject to all applicable provisions of
law as in case of taking private property, upon condition that the court shall
determine that there is paramount public necessity for the acquisition.
Subd. 2. Use of other systems. A
district may, upon such terms as may be agreed upon with the respective
governing bodies or authorities concerned, provide for connecting with or
using; lease; or acquire and take over any system, works, or facilities for any
purpose under section 442A.17 belonging to any other governmental subdivision
or other public agency.
Subd. 3. Use by other governmental bodies. A district may, upon such terms as may
be agreed upon with the respective governing bodies or authorities concerned,
authorize the use by any other governmental subdivision or other public agency
of any system, works, or facilities of the district constructed for any purpose
under section 442A.17 so far as the capacity thereof is sufficient beyond the
needs of the district. A district may
extend any such system, works, or facilities and permit the use thereof by
persons outside the district, so far as the capacity thereof is sufficient
beyond the needs of the district, upon such terms as the board may prescribe.
Subd. 4.
Sec. 21. [442A.19] CONTROL OF SANITARY
FACILITIES.
A district may regulate and control the construction,
maintenance, and use of privies, cesspools, septic tanks, toilets, and other
facilities and devices for the reception or disposal of human or animal excreta
or other domestic wastes within its territory so far as necessary to prevent
nuisances or pollution or to protect the public health, safety, and welfare and
may prohibit the use of any such facilities or devices not connected with a
district disposal system, works, or facilities whenever reasonable opportunity
for such connection is provided; provided, that the authority of a district
under this section does not extend or apply to the construction, maintenance,
operation, or use by any person other than the district of any disposal system
or part thereof within the district under and in accordance with a valid and
existing permit issued by the Minnesota Pollution Control Agency.
Sec. 22. [442A.20] DISTRICT PROGRAMS, SURVEYS,
AND STUDIES.
A district may develop general programs and particular
projects within the scope of its powers and purposes and may make all surveys,
studies, and investigations necessary for the programs and projects.
Sec. 23. [442A.21] GENERAL AND STATUTORY CITY
POWERS.
A district may do and perform all other acts and things necessary
or proper for the effectuation of its powers and the accomplishment of its
purposes. Without limiting the effect of
the foregoing provision or any other provision of this chapter, a district,
with respect to each and all of said powers and purposes, shall have like
powers as are vested in statutory cities with respect to any similar purposes. The exercise of such powers by a district and
all matters pertaining thereto are governed by the law relating to the exercise
of similar powers by statutory cities and matters pertaining thereto, so far as
applicable, with like force and effect, except as otherwise provided.
Sec. 24. [442A.22] ADVISORY COMMITTEE.
A district board of managers may appoint an advisory
committee with membership and duties as the board prescribes.
Sec. 25. [442A.23] BOARD POWERS.
Subdivision 1. Generally. The
board of managers of every district shall have charge and control of all the
funds, property, and affairs of the district.
With respect thereto, the board has the same powers and duties as are
provided by law for a statutory city council with respect to similar statutory
city matters, except as otherwise provided.
Except as otherwise provided, the chair, vice-chair, secretary, and
treasurer of the district have the same powers and duties, respectively, as the
mayor, acting mayor, clerk, and treasurer of a statutory city. Except as otherwise provided, the exercise of
the powers and the performance of the duties of the board and officers of the
district and all other activities, transactions, and procedures of the district
or any of its officers, agents, or employees, respectively, are governed by the
law relating to similar matters in a statutory city, so far as applicable, with
like force and effect.
Subd. 2. Regulation of district. The
board may enact ordinances, prescribe regulations, adopt resolutions, and take
other appropriate action relating to any matter within the powers and purposes
of the district and may do and perform all other acts and things necessary or
proper for the effectuation of said powers and the accomplishment of said
purposes. The board may provide that
violation of a district ordinance is a penal offense and may prescribe
penalties for violations, not exceeding those prescribed by law for violation
of statutory city ordinances.
Subd. 3.
(b) All fines collected shall be deposited in the treasury
of the district.
Sec. 26. [442A.24] TAX LEVIES, ASSESSMENTS, AND
SERVICE CHARGES.
Subdivision 1. Tax levies. The
board may levy taxes for any district purpose on all property taxable within
the district.
Subd. 2. Particular area. In
the case where a particular area within the district, but not the entire
district, is benefited by a system, works, or facilities of the district, the
board, after holding a public hearing as provided by law for levying
assessments on benefited property, shall by ordinance establish such area as a
taxing subdistrict, to be designated by number, and shall levy special taxes on
all the taxable property therein, to be accounted for separately and used only
for the purpose of paying the cost of construction, improvement, acquisition,
maintenance, or operation of such system, works, or facilities, or paying the
principal and interest on bonds issued to provide funds therefor and expenses
incident thereto. The hearing may be
held jointly with a hearing for the purpose of levying assessments on benefited
property within the proposed taxing subdistrict.
Subd. 3. Benefited property. The
board shall levy assessments on benefited property to provide funds for payment
of the cost of construction, improvement, or acquisition of any system, works,
or facilities designed or used for any district purpose or for payment of the
principal of and interest on any bonds issued therefor and expenses incident
thereto.
Subd. 4. Service
charges. The board shall
prescribe service, use, or rental charges for persons or premises connecting
with or making use of any system, works, or facilities of the district;
prescribe the method of payment and collection of the charges; and provide for
the collection thereof for the district by any related governmental subdivision
or other public agency on such terms as may be agreed upon with the governing
body or other authority thereof.
Sec. 27. [442A.25] BORROWING POWERS; BONDS.
Subdivision 1. Borrowing power. The
board may authorize the borrowing of money for any district purpose and provide
for the repayment thereof, subject to chapter 475. The taxes initially levied by any district
according to section 475.61 for the payment of district bonds, upon property
within each municipality included in the district, shall be included in
computing the levy of the municipality.
Subd. 2. Bond issuance. The
board may authorize the issuance of bonds or obligations of the district to
provide funds for the construction, improvement, or acquisition of any system,
works, or facilities for any district purpose or for refunding any prior bonds
or obligations issued for any such purpose and may pledge the full faith and
credit of the district; the proceeds of tax levies or assessments; service,
use, or rental charges; or any combination thereof to the payment of such bonds
or obligations and interest thereon or expenses incident thereto. An election or vote of the people of the
district is required to authorize the issuance of any bonds or obligations. Except as otherwise provided in this chapter,
the forms and procedures for issuing and selling bonds and provisions for
payment thereof must comply with chapter 475.
Sec. 28. [442A.26] FUNDS; DISTRICT TREASURY.
The proceeds of all tax levies, assessments, service, use,
or rental charges, and other income of the district must be deposited in the
district treasury and must be held and disposed of as the board may direct for
district purposes, subject to any pledges or dedications made by the board for
the use of particular funds for the payment of bonds, interest thereon, or
expenses incident thereto or for other specific purposes.
Sec. 29. [442A.27]
EFFECT OF DISTRICT ORDINANCES AND FACILITIES.
In any case where an ordinance is enacted or a regulation
adopted by a district board relating to the same subject matter and applicable
in the same area as an existing ordinance or regulation of a related
governmental subdivision for the district, the district ordinance or
regulation, to the extent of its application, supersedes the ordinance or
regulation of the related governmental subdivision. In any case where an area within a district
is served for any district purpose by a system, works, or facilities of the
district, no system, works, or facilities shall be constructed, maintained, or
operated for the same purpose in the same area by any related governmental
subdivision or other public agency except as approved by the district board.
Sec. 30. [442A.28] APPLICATION.
This chapter does not abridge or supersede any authority of
the Minnesota Pollution Control Agency or the commissioner of health, but is
subject and supplementary thereto. Districts
and members of district boards are subject to the authority of the Minnesota
Pollution Control Agency and have no power or authority to abate or control
pollution that is permitted by and in accord with any classification of waters,
standards of water quality, or permit established, fixed, or issued by the
Minnesota Pollution Control Agency.
Sec. 31. [442A.29] CHIEF ADMINISTRATIVE LAW
JUDGE'S POWERS.
Subdivision 1. Alternative
dispute resolution. (a)
Notwithstanding sections 442A.01 to 442A.28, before assigning a matter to an
administrative law judge for hearing, the chief administrative law judge, upon
consultation with affected parties and considering the procedures and
principles established in sections 442A.01 to 442A.28, may require that
disputes over proposed sanitary district creations, attachments, detachments,
or dissolutions be addressed in whole or in part by means of alternative
dispute resolution processes in place of, or in connection with, hearings that
would otherwise be required under sections 442A.01 to 442A.28, including those
provided in chapter 14.
(b) In all proceedings, the chief administrative law judge
has the authority and responsibility to conduct hearings and issue final orders
related to the hearings under sections 442A.01 to 442A.28.
Subd. 2. Cost of proceedings. (a)
The parties to any matter directed to alternative dispute resolution under
subdivision 1 must pay the costs of the alternative dispute resolution process
or hearing in the proportions that the parties agree to.
(b) Notwithstanding section 14.53 or other law, the Office
of Administrative Hearings is not liable for the costs.
(c) If the parties do not agree to a
division of the costs before the commencement of mediation, arbitration, or
hearing, the costs must be allocated on an equitable basis by the mediator,
arbitrator, or chief administrative law judge.
(d) The chief administrative law judge may contract with the
parties to a matter for the purpose of providing administrative law judges and
reporters for an administrative proceeding or alternative dispute resolution.
(e) The chief administrative law judge shall assess the cost
of services rendered by the Office of Administrative Hearings as provided by
section 14.53.
Subd. 3. Parties. In this
section, "party" means:
(1) a property owner, group of property owners, sanitary
district, municipality, or township that files an initiating document or timely
objection under this chapter;
(2) the sanitary district, municipality, or township within
which the subject area is located;
(3) a municipality abutting the
subject area; and
(4) any other person, group of persons, or governmental
agency residing in, owning property in, or exercising jurisdiction over the
subject area that submits a timely request and is determined by the presiding
administrative law judge to have a direct legal interest that will be affected
by the outcome of the proceeding.
Subd. 4. Effectuation of agreements.
Matters resolved or agreed to by the parties as a result of an
alternative dispute resolution process, or otherwise, may be incorporated into
one or more stipulations for purposes of further proceedings according to the
applicable procedures and statutory criteria of this chapter.
Subd. 5. Limitations on authority.
Nothing in this section shall be construed to permit a sanitary
district, municipality, town, or other political subdivision to take, or agree
to take, an action that is not otherwise authorized by this chapter.
Sec. 32. REPEALER.
Minnesota Statutes 2012, sections 115.18, subdivisions 1, 3,
4, 5, 6, 7, 8, 9, and 10; 115.19; 115.20; 115.21; 115.22; 115.23; 115.24;
115.25; 115.26; 115.27; 115.28; 115.29; 115.30; 115.31; 115.32; 115.33; 115.34;
115.35; 115.36; and 115.37, are repealed.
Sec. 33. EFFECTIVE DATE.
Unless otherwise provided in this article, sections 1 to 32
are effective August 1, 2013."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, after the first semicolon, insert
"providing for certification of wastewater laboratories; providing for
sanitary districts;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Civil Law.
The
report was adopted.
Mullery from the Committee on
Early Childhood and Youth Development Policy to which was referred:
H. F. No. 739, A bill for an act relating to
human services; modifying provisions related to children and family services;
changing data practices provisions; changing provisions related to contractual
agreements with tribes, child care programs, community action agencies, the
Minnesota family investment program, and reporting maltreatment; amending Minnesota Statutes 2012, sections 13.46,
subdivision 2; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13;
256E.30, by adding a subdivision; 256J.09, subdivision 3; 256J.20, subdivision
3; 256J.21, subdivision 2; 256J.24, subdivision
3; 256J.30, subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38,
subdivision 6; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.575,
subdivision 7; 256J.621; 256J.626, subdivisions 7, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8;
256J.751, subdivision 2; 256K.26, subdivision 4; 626.556, subdivisions 2, 7,
11c; 626.5561, subdivision 1.
Reported the same back with the following amendments:
Page 5, line 25, delete "their
family" and insert "relatives of the child"
Page 5, line 26, delete "members"
Page 7, after line 11, insert:
"Sec. 5. Minnesota
Statutes 2012, section 256D.05, is amended by adding a subdivision to read:
Subd. 9. Personal statement. If
a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements of this chapter, a county agency may accept a signed
personal statement from the applicant in lieu of documentation verifying
ineligibility.
Sec. 6. Minnesota
Statutes 2012, section 256D.405, subdivision 1, is amended to read:
Subdivision 1. Verification. (a) The county agency shall
request, and applicants and recipients shall provide and verify, all
information necessary to determine initial and continuing eligibility and
assistance payment amounts. If
necessary, the county agency shall assist the applicant or recipient in
obtaining verifications. If the
applicant or recipient refuses or fails without good cause to provide the
information or verification, the county agency shall deny or terminate
assistance.
(b) If a county agency determines that an applicant is
ineligible due to not meeting eligibility requirements of this chapter, a
county agency may accept a signed personal statement from the applicant in lieu
of documentation verifying ineligibility."
Page 7, after line 17, insert:
"Sec. 8. Minnesota
Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
Subd. 1a. County approval. (a) A county agency may not
approve a group residential housing payment for an individual in any setting
with a rate in excess of the MSA equivalent rate for more than 30 days in a
calendar year unless the county agency has developed or approved a plan for the
individual which specifies that:
(1) the individual has an illness or incapacity which
prevents the person from living independently in the community; and
(2) the individual's illness or incapacity requires the
services which are available in the group residence.
The plan must be signed or countersigned by any of the
following employees of the county of financial responsibility: the director of human services or a designee
of the director; a social worker; or a case aide.
(b) If a county agency determines that an applicant is
ineligible due to not meeting eligibility requirements under this section, a
county agency may accept a signed personal statement from the applicant in lieu
of documentation verifying ineligibility."
Page 16, line 7, delete "as verification" and
insert "in lieu of documentation verifying ineligibility"
Page 18, line 13, strike everything after the period
Page 18, strike lines 14 and 15
Page 18, line 16, strike everything before
"Participants"
Page 21, delete section 20
Page 24, after line 2, insert:
"Sec. 24. Minnesota
Statutes 2012, section 256J.626, subdivision 5, is amended to read:
Subd. 5. Innovation projects. Beginning January 1, 2005, no more than
$3,000,000 of the funds annually appropriated to the commissioner for use in
the consolidated fund shall be available to the commissioner for projects
testing to reward high-performing counties and tribes, support promising
practices, and test innovative approaches to improving outcomes for MFIP
participants, family stabilization services participants, and persons at risk
of receiving MFIP as detailed in subdivision 3.
Projects shall be targeted to geographic areas with poor outcomes as
specified in section 256J.751, subdivision 5, or to subgroups within the MFIP
case load who are experiencing poor outcomes.
Sec. 25. Minnesota
Statutes 2012, section 256J.626, subdivision 6, is amended to read:
Subd. 6. Base allocation to counties and tribes;
definitions. (a) For purposes of
this section, the following terms have the meanings given.
(1) "2002 historic spending base" means the
commissioner's determination of the sum of the reimbursement related to fiscal
year 2002 of county or tribal agency expenditures for the base programs listed
in clause (6), items (i) through (iv), and earnings related to calendar year
2002 in the base program listed in clause (6), item (v), and the amount of
spending in fiscal year 2002 in the base program listed in clause (6), item
(vi), issued to or on behalf of persons residing in the county or tribal
service delivery area.
(2) "Adjusted caseload factor" means a factor
weighted:
(i) 47 percent on the MFIP cases in each county at four
points in time in the most recent 12-month period for which data is available
multiplied by the county's caseload difficulty factor; and
(ii) 53 percent on the count of adults on MFIP in each
county and tribe at four points in time in the most recent 12-month period for
which data is available multiplied by the county or tribe's caseload difficulty
factor.
(3) "Caseload difficulty factor" means a factor
determined by the commissioner for each county and tribe based upon the
self-support index described in section 256J.751, subdivision 2, clause (6).
(4) "Initial allocation" means the amount
potentially available to each county or tribe based on the formula in
paragraphs (b) through (d).
(5) "Final allocation" means the amount available
to each county or tribe based on the formula in paragraphs (b) through (d),
after adjustment by subdivision 7.
(6) "Base programs" means the:
(i) MFIP employment and training services under Minnesota
Statutes 2002, section 256J.62, subdivision 1, in effect June 30, 2002;
(ii) bilingual employment and training services to refugees
under Minnesota Statutes 2002, section 256J.62, subdivision 6, in effect June
30, 2002;
(iii) work literacy language
programs under Minnesota Statutes 2002, section 256J.62, subdivision 7, in effect
June 30, 2002;
(iv) supported work program authorized in Laws 2001, First
Special Session chapter 9, article 17, section 2, in effect June 30, 2002;
(v) administrative aid program under section 256J.76 in
effect December 31, 2002; and
(vi) emergency assistance program under Minnesota Statutes
2002, section 256J.48, in effect June 30, 2002.
(b) The commissioner shall:
(1) beginning July 1, 2003, determine the initial allocation
of funds available under this section according to clause (2);
(2) allocate all of the funds available for the period
beginning July 1, 2003, and ending December 31, 2004, to each county or tribe
in proportion to the county's or tribe's share of the statewide 2002 historic
spending base;
(3) determine for calendar year 2005 the initial allocation
of funds to be made available under this section in proportion to the county or
tribe's initial allocation for the period of July 1, 2003, to December 31,
2004;
(4) determine for calendar year 2006 the initial allocation
of funds to be made available under this section based 90 percent on the
proportion of the county or tribe's share of the statewide 2002 historic
spending base and ten percent on the proportion of the county or tribe's share
of the adjusted caseload factor;
(5) determine for calendar year 2007 the initial allocation
of funds to be made available under this section based 70 percent on the
proportion of the county or tribe's share of the statewide 2002 historic
spending base and 30 percent on the proportion of the county or tribe's share
of the adjusted caseload factor; and
(6) determine for calendar year 2008 and subsequent years
the initial allocation of funds to be made available under this section based
50 percent on the proportion of the county or tribe's share of the statewide
2002 historic spending base and 50 percent on the proportion of the county or
tribe's share of the adjusted caseload factor.
(c) With the commencement of a new or expanded tribal TANF
program, or for tribes administering TANF as authorized under Laws 2011,
First Special Session chapter 9, article 9, section 18, or an agreement
under section 256.01, subdivision 2, paragraph (g), in which some or all of the
responsibilities of particular counties under this section are transferred to a
tribe, the commissioner shall:
(1) in the case where all responsibilities under this
section are transferred to a tribe or tribal program, determine the
percentage of the county's current caseload that is transferring to a tribal
program and adjust the affected county's allocation and tribe's
allocations accordingly; and
(2) in the case where a portion of the responsibilities
under this section are transferred to a tribe or tribal program, the
commissioner shall consult with the affected county or counties to determine an
appropriate adjustment to the allocation.
(d) Effective January 1, 2005, counties and tribes will have
their final allocations adjusted based on the performance provisions of
subdivision 7."
Page 30, after line 24, insert:
"Sec. 36. Minnesota
Statutes 2012, section 260C.503, subdivision 2, is amended to read:
Subd. 2. Termination of parental rights. (a) The responsible social services
agency must ask the county attorney to immediately file a termination of
parental rights petition when:
(1) the child has been subjected to egregious harm as
defined in section 260C.007, subdivision 14;
(2) the child is determined to be the sibling of a child who
was subjected to egregious harm;
(3) the child is an abandoned infant as defined in section
260C.301, subdivision 3, paragraph (b), clause (2);
(4) the child's parent has lost parental rights to another
child through an order involuntarily terminating the parent's rights;
(5) the parent has committed sexual abuse as defined in
section 626.556, subdivision 2, against the child or another child of the
parent; or
(6) the parent has committed an offense that requires
registration as a predatory offender under section 243.166, subdivision 1b,
paragraph (a) or (b); or
(7)
(6) another child of the parent is the subject of an order involuntarily
transferring permanent legal and physical custody of the child to a relative
under this chapter or a similar law of another jurisdiction; .
The
county attorney shall file a termination of parental rights petition unless the
conditions of paragraph (d) are met.
(b) When the termination of parental rights petition is
filed under this subdivision, the responsible social services agency shall
identify, recruit, and approve an adoptive family for the child. If a termination of parental rights petition
has been filed by another party, the responsible social services agency shall
be joined as a party to the petition.
(c) If criminal charges have been filed against a parent
arising out of the conduct alleged to constitute egregious harm, the county
attorney shall determine which matter should proceed to trial first, consistent
with the best interests of the child and subject to the defendant's right to a
speedy trial.
(d) The requirement of paragraph (a) does not apply if the
responsible social services agency and the county attorney determine and file
with the court:
(1) a petition for transfer of permanent legal and physical
custody to a relative under sections 260C.505 and 260C.515, subdivision 3,
including a determination that adoption is not in the child's best interests
and that transfer of permanent legal and physical custody is in the child's
best interests; or
(2) a petition under section 260C.141 alleging the child,
and where appropriate, the child's siblings, to be in need of protection or
services accompanied by a case plan prepared by the responsible social services
agency documenting a compelling reason why filing a termination of parental
rights petition would not be in the best interests of the child.
Sec. 37. Minnesota Statutes 2012, section 260C.615, is
amended to read:
260C.615 DUTIES OF
COMMISSIONER.
Subdivision 1. Duties Exclusive right to consent. (a) For any child who is under the
guardianship of the commissioner, the commissioner has the exclusive rights
right to consent to:
(1) the medical care plan for the treatment of a child who
is at imminent risk of death or who has a chronic disease that, in a
physician's judgment, will result in the child's death in the near future
including a physician's order not to resuscitate or intubate the child; and:
(i) a responsible social services agency requesting the
commissioner's consent for a physician's order not to resuscitate or intubate
or for an order for other end-of-life care must submit the request according to
procedures established by the commissioner;
(ii) the commissioner may require consultation regarding the
child's medical care with an ethics expert prior to responding to the request;
(iii) an ethics expert is a staff member who provides
consultation on ethics issues or coordinates ethics reviews and is employed by
or associated with a hospital designated by the commissioner; and
(iv) no individual or entity, including a hospital,
providing ethics consultation to the commissioner under this subdivision incurs
any civil or criminal liability for advice or opinions given regarding the care
of the child, if the individual or entity acts in good faith and in accordance
with applicable medical standards of care; and
(2) the child donating a part of the child's body to another
person while the child is living; the decision to donate a body part under this
clause shall take into consideration the child's wishes and the child's
culture.
Subd. 1a. Other duties. (b)
In addition to the exclusive rights under paragraph (a) subdivision
1, for children under guardianship of the commissioner, the commissioner
has a duty to:
(1) process any complete and accurate request for home study
and placement through the Interstate Compact on the Placement of Children under
section 260.851;
(2) process any complete and accurate application for
adoption assistance forwarded by the responsible social services agency
according to chapter 259A;
(3) complete the execution of an adoption placement agreement
forwarded to the commissioner by the responsible social services agency and
return it to the agency in a timely fashion; and
(4) maintain records as required in chapter 259.
Subd. 2. Duties not reserved. All duties, obligations, and consents not
specifically reserved to the commissioner in this section are delegated to the
responsible social services agency.
Sec. 38. [260D.12] TRIAL HOME VISITS; VOLUNTARY
FOSTER CARE FOR TREATMENT.
When a child is in foster care for treatment under this chapter,
the child's parent and the responsible social services agency may agree that
the child is returned to the care of a parent on a trial home visit. The purpose of the trial home visit is to
provide sufficient planning for supports and services to the child and family
to meet the child's needs following treatment so that the child can return to
and remain in the parent's home. During
the period of the trial home visit, the agency has placement and care
responsibility for the child. The trial
home visit shall not exceed six months and may be terminated by either the
parent or the agency within ten days' written notice."
Page 32, line 6, strike
"Sexual abuse includes"
Page 32, strike lines 7 to 10
Page 37, line 9, delete "voluntary"
Page 39, line 8, delete "voluntary"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, before "and" insert "general
assistance, group residential housing,"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
Dill from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 778, A bill for an act relating to
natural resources; providing for exchange of road easements; modifying forest
management investment account; modifying State Timber Act; appropriating money;
amending Minnesota Statutes 2012, sections 89.0385; 90.01, subdivisions 4, 5,
6, 8, 11; 90.031, subdivision 4; 90.041, subdivisions 2, 5, 6, 9, by adding
subdivisions; 90.045; 90.061, subdivision 8; 90.101, subdivision 1; 90.121; 90.145; 90.151, subdivisions 1, 2, 3, 4, 6, 7, 8,
9; 90.161; 90.162; 90.171; 90.181, subdivision 2; 90.191, subdivision 1;
90.193; 90.195; 90.201, subdivision 2a;
90.211; 90.221; 90.252, subdivision 1; 90.301, subdivisions 2, 4; 90.41,
subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 84; 90; repealing Minnesota Statutes 2012, sections 90.163; 90.173;
90.41, subdivision 2.
Reported the same back with the following amendments:
Page 2, line 5, delete everything after "conditions."
Page 2, line 6, delete everything before "The"
Page 2, line 7, delete "other"
Page 5, lines 18 and 20, delete "successfully
prosecuted" and insert "convicted"
Page 8, line 21, delete ", hauling,"
Page 10, line 17, delete "authorized" and
insert "required"
Page 13, after line 26, insert:
"Subd. 5.
Return of security. Any security required under this
section shall be returned to the purchaser within 60 days after the final
scale."
Page 18, after line 24, insert:
"Sec. 43. PERMIT CANCELLATION.
Upon written request submitted by a
permit holder to the commissioner of natural resources on or before June 1, 2015, the commissioner
shall cancel any provision in a timber sale permit sold prior to September 1,
2012, that requires skidding, payment for,
or removal of balsam fir when the permit contains at least 50 cords of balsam
fir. The remaining provisions of
the permit remain in effect."
Renumber the sections in sequence
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Government Operations.
The
report was adopted.
Simon from the Committee on
Elections to which was referred:
H. F. No. 799, A bill for an act relating to
elections; enacting the Agreement Among the States to Elect the President by
National Popular Vote; proposing coding for new law in Minnesota Statutes,
chapter 208.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Mariani from the Committee on
Education Policy to which was referred:
H. F. No. 826, A bill for an act relating to
education; providing for safe and supportive schools; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2012, sections 120B.36,
subdivision 1; 121A.55; 121A.69, subdivision 3; 122A.18, subdivision 1;
122A.60, subdivisions 1a, 3; 124D.10, subdivision 8; 124D.895, subdivision 1;
124D.8955; 125B.15; 127A.42, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 121A; 127A; repealing Minnesota Statutes 2012,
sections 121A.03; 121A.0695.
Reported the same back with the following amendments:
Page 3, line 34, delete "transmitted"
Page 3, line 36, after "of" insert "materially"
Page 4, line 28, after "by" insert "materially"
Page 4, line 35, after "transmitting" insert
"or otherwise communicating"
Page 5, line 24, delete "and
informal"
Page 5, line 31, delete "promptly report that
information to the"
Page 5, line 32, delete "primary contact person"
and insert "make reasonable efforts to address and resolve the
prohibited conduct to the extent it does not materially disrupt the education
process"
Page 5, line 33, after "(3)" insert "where
prohibited conduct appears to materially disrupt the education process,"
Page 6, line 14, delete "refer" and insert
"provide information about available community resources to" and
delete "to counseling and mental"
Page 6, line 15, delete "or other health services"
Page 6, line 16, after "disability" insert
"to prevent or respond to prohibited conduct"
Page 6, line 18, after the second "to" insert
"or not engage in"
Page 8, line 32, delete "(a)"
Page 9, delete lines 3 and 4
Page 17, delete section 14 and insert:
"Sec. 14. [127A.051] SCHOOL CLIMATE COUNCIL.
Subdivision 1. Establishment and membership.
(a) A multiagency leadership council is established to improve
school climate and school safety so that all Minnesota students in
prekindergarten through grade 12 schools and higher education institutions are
provided with safe and welcoming learning environments in order to maximize
each student's learning potential.
(b) The council shall consist of:
(1) the commissioners or their designees from the
Departments of Education, Health, Human Rights, Human Services, Public Safety,
and Corrections, and the Office of Higher Education;
(2) one representative each from the Board of Teaching,
Board of School Administrators, Minnesota School Boards Association, Elementary
School Principals Association, Association of Secondary School Principals, and
Education Minnesota as selected by each organization;
(3) two representatives each of student support personnel,
parents, and students as selected by the commissioner of education;
(4) two representatives of local law enforcement as selected
by the commissioner of public safety; and
(5) two representatives of the judicial branch as selected
by the chief justice of the Supreme Court.
Subd. 2. Duties. The
council must provide leadership for the following activities:
(1) establishment of norms and standards for prevention,
intervention, and support around issues of bullying, harassment, and
intimidation;
(2) advancement of
evidence-based policy and best practices to improve school climate and promote
school safety; and
(3)
development and dissemination of resources and training for schools and
communities about issues of bullying, harassment, and intimidation and other
school safety-related issues."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Civil Law.
The report was
adopted.
Dill from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 896,
A bill for an act relating to natural resources; requiring the installation of
electric fish barriers.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. ELECTRIC
FISH BARRIER.
The
commissioner of natural resources shall enter into a contract to design an
electric fish barrier using the most modern technology available for fish
dispersal systems. The electric fish
barrier must include a sweeping or active field barrier with sonar capable of
being reconfigured into a graduated field fish barrier. The electric fish barrier shall be located at
United States Army Corps of Engineers, St. Paul District, Lock and Dam 1. The commissioner shall award the contract no
later than March 15, 2013.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to natural resources; requiring contract to design
electric fish barrier."
With
the recommendation that when so amended the bill pass.
The report was
adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 152, 195, 215,
582, 607, 687, 799 and 896 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following
House Files were introduced:
Hausman and Murphy, E., introduced:
H. F. No. 1068, A bill for an act relating to capital investment; appropriating money for the Minnesota Museum of American Art; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Lillie, Winkler and Hilstrom introduced:
H. F.
No. 1069, A bill for an act relating to state government; ratifying labor
agreements and compensation plans.
The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.
Hausman; Clark; Ward, J.E.; Gunther; Dettmer; Isaacson; Persell; Benson, J.; Lesch; Metsa; Swedzinski; Lillie; Fischer; Zerwas; Mariani and Carlson introduced:
H. F. No. 1070, A bill for an act relating to capital investment; appropriating money for public housing rehabilitation; authorizing bonds under the housing infrastructure bonds program; authorizing sale and issuance of state bonds; amending Minnesota Statutes 2012, section 462A.37, subdivisions 2, 4.
The bill was read for the first time and referred to the Committee on Capital Investment.
Poppe introduced:
H. F. No. 1071, A bill for an act relating to agriculture; making policy, technical, conforming, and clarifying changes to provisions related to agricultural law; modifying provisions related to pesticide control, agricultural resource loan and ethanol development, the Rural Finance Authority, grain buyers, and other agriculture-related provisions; establishing the Minnesota agricultural water quality program; modifying noxious weed law; modifying definition of E85; authorizing rulemaking; amending Minnesota Statutes 2012, sections 17.118, subdivision 2; 18.77, subdivisions 3, 4, 10, 12; 18.78, subdivision 3; 18.79, subdivisions 6, 13; 18.82, subdivision 1; 18.91, subdivisions 1, 2; 18B.01, by adding a subdivision; 18B.065, subdivision 2a; 18B.07, subdivisions 4, 5, 7; 18B.26, subdivision 3; 18B.316, subdivisions 1, 3, 4, 8, 9; 18B.37, subdivision 4; 31.94; 41A.105, subdivision 5; 41A.12, by adding a subdivision; 41B.04, subdivision 9; 223.17, by adding a subdivision; 232.22, by adding a subdivision; 296A.01, subdivision 19; proposing coding for new law in Minnesota Statutes, chapters 17; 18; repealing Minnesota Statutes 2012, sections 18.91, subdivisions 3, 5; 18B.07, subdivision 6; Minnesota Rules, parts 1505.0751, subparts 7, 8; 1510.0011, subparts 1, 4; 1510.0020; 1510.0030; 1510.0040; 1510.0050; 1510.0060; 1510.0070; 1510.0080; 1510.0090; 1510.0100; 1510.0111; 1510.0161; 1510.0171; 1510.0180; 1510.0200; 1510.0210; 1510.0220; 1510.0231; 1510.0241; 1510.0261; 1510.0340; 1510.0350; 1510.0360.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Bly and Loeffler introduced:
H. F. No. 1072, A bill for an act relating to local government; establishing a county alternative service delivery pilot program; providing for employees transferred to provide alternative service delivery under the pilot program; proposing coding for new law in Minnesota Statutes, chapter 375.
The bill was read for the first time and referred to the Committee on Government Operations.
Hausman introduced:
H. F. No. 1073, A bill for an act relating to damages; requiring mutual agreement for damages arising from state mineral leases; amending Minnesota Statutes 2012, sections 93.05, subdivision 2; 93.55, subdivision 3; repealing Minnesota Statutes 2012, section 93.05, subdivision 3.
The bill was read for the first time and referred to the Committee on Civil Law.
Mahoney, Hausman, Lesch, Mariani and Murphy, E., introduced:
H. F. No. 1074, A bill for an act relating to capital investment; appropriating money for St. Paul College; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Falk, Hausman, Wagenius, Clark, Davnie, Bly and Murphy, M., introduced:
H. F. No. 1075, A bill for an act relating to energy; revising the annual fee transferred to the renewable development account for each cask of spent nuclear fuel stored in this state; amending Minnesota Statutes 2012, section 116C.779, subdivision 1.
The bill was read for the first time and referred to the Committee on Energy Policy.
Franson, Drazkowski and Wills introduced:
H. F. No. 1076, A bill for an act relating to public safety; prohibiting a law enforcement agency from using drones to gather evidence or other information; prohibiting use of drone by persons; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 624; 634.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Franson and Wills introduced:
H. F. No. 1077, A bill for an act relating to education; postsecondary; establishing the Education Internet Privacy Protection Act; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 135B.
The bill was read for the first time and referred to the Committee on Education Policy.
Franson introduced:
H. F. No. 1078, A bill for an act relating to taxation; individual income; allowing a credit for uncompensated medical care provided by physicians; amending Minnesota Statutes 2012, section 290.06, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Benson, J., introduced:
H. F. No. 1079, A bill for an act relating to energy; renewable energy; allowing geothermal heating and cooling systems to apply to a utility's renewable energy obligation under certain conditions; amending Minnesota Statutes 2012, section 216B.1691, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Energy Policy.
Davnie and Hornstein introduced:
H. F. No. 1080, A bill for an act relating to taxation; sales and use; adding an exemption for vehicles leased by nonprofit corporations; amending Minnesota Statutes 2012, section 297A.64, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Taxes.
Allen, Holberg, Hortman, Rosenthal, Beard, Atkins, Lesch, Winkler, Drazkowski and Liebling introduced:
H. F. No. 1081, A bill for an act relating to forfeiture; shifting the burden of proof to the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, fleeing offenses, and prostitution offenses; codifying and expanding the homestead exemption; allowing innocent owners to reclaim vehicle if equipped with ignition interlock device; creating criminal penalties; amending Minnesota Statutes 2012, sections 84.7741, subdivision 7; 169A.63, subdivisions 4, 7, 9; 609.531, subdivision 1, by adding subdivisions; 609.5311, subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5318, subdivision 5.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Allen, Holberg, Hortman, Rosenthal, Beard, Atkins, Lesch, Winkler, Drazkowski, Liebling and Simon introduced:
H. F. No. 1082, A bill for an act relating to forfeiture; requiring a conviction for judicial forfeiture of property associated with controlled substance offenses and vehicles used in drive-by shootings; eliminating presumption for administrative forfeiture; amending Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5313; 609.5314, subdivisions 2, 3; 609.5316, subdivision 3; 609.5318, subdivision 1; repealing Minnesota Statutes 2012, section 609.5314, subdivision 1.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Simon, Winkler, Beard, Melin, Schomacker, Kelly, Hornstein, Bernardy, Mariani, Sanders and Hoppe introduced:
H. F. No. 1083, A bill for an act relating to judicial selection; proposing an amendment to the Minnesota Constitution, article VI, sections 7 and 8; establishing retention elections for judges; creating a judicial performance evaluation commission; appropriating money; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 7, 10, 15; 10A.14, subdivision 1; 10A.20, subdivision 2; 204B.06, subdivision 6; 204B.11, by adding a subdivision; 204B.34, subdivision 3; 204B.36, subdivision 4; 480B.01, subdivisions 1, 10; proposing coding for new law in Minnesota Statutes, chapters 204D; 480B; 490A; repealing Minnesota Statutes 2012, sections 204B.36, subdivision 5; 204D.14, subdivision 3.
The bill was read for the first time and referred to the Committee on Elections.
Kelly, Morgan and Atkins introduced:
H. F. No. 1084, A bill for an act relating to energy; regulating utility recovery of transmission costs; amending Minnesota Statutes 2012, section 216B.16, subdivision 7b; proposing coding for new law in Minnesota Statutes, chapter 216B.
The bill was read for the first time and referred to the Committee on Energy Policy.
Erhardt introduced:
H. F. No. 1085, A bill for an act relating to taxation; individual income; imposing a temporary income tax surtax; amending Minnesota Statutes 2012, section 290.06, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Erhardt introduced:
H. F. No. 1086, A bill for an act relating to taxation; individual income; increasing rates; amending Minnesota Statutes 2012, sections 290.06, subdivisions 2c, 2d; 290.091, subdivisions 1, 2, 6.
The bill was read for the first time and referred to the Committee on Taxes.
Ward, J.A., introduced:
H. F. No. 1087, A bill for an act relating to animals; dogs and cats; establishing liability for attacks by cats; amending Minnesota Statutes 2012, section 347.22.
The bill was read for the first time and referred to the Committee on Civil Law.
Fischer, Moran, Fritz, Norton, Abeler and Lillie introduced:
H. F. No. 1088, A bill for an act relating to human services; appropriating money for adult mental health grants for supportive housing.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Mariani; Woodard; Erickson, S.; Isaacson and Davnie introduced:
H. F. No. 1089, A bill for an act relating to education; modifying charter school provisions; amending Minnesota Statutes 2012, section 124D.10, subdivisions 4, 4a, 11, 23.
The bill was read for the first time and referred to the Committee on Education Policy.
Schoen, Atkins and Davids introduced:
H. F. No. 1090, A bill for an act relating to the State Lottery; establishing electronic lottery terminals; proposing coding for new law in Minnesota Statutes, chapter 349A.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Isaacson; Uglem; Persell; Ward, J.E.; Gunther; Winkler; Erickson, R.; Radinovich; Bly; Freiberg and Johnson, S., introduced:
H. F. No. 1091, A bill for an act relating to natural resources; modifying aquatic invasive species provisions; modifying invasive species penalties and enforcement; amending Minnesota Statutes 2012, sections 84D.01, subdivision 15a; 84D.03, subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding a subdivision; 86B.13, by adding a subdivision; repealing Minnesota Statutes 2012, section 84D.01, subdivision 22.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Poppe; Davids; Hamilton; Marquart; Swedzinski; Faust; Torkelson; Ward, J.E.; Fabian; Kiel; Anderson, P.; McNamar; Fritz; Petersburg; Falk; Johnson, C.; Erickson, R.; FitzSimmons; Nornes and Kresha introduced:
H. F.
No. 1092, A bill for an act relating to taxation; estate; making changes to
exclusions for qualified small business property and qualified farm property;
amending Minnesota Statutes 2012, section 291.03, subdivisions 8, 9, 10, 11.
The bill was read for the first time and referred to the Committee on Taxes.
Garofalo introduced:
H. F. No. 1093, A bill for an act relating to energy; requiring the Public Utilities Commission to analyze distributed solar generation.
The bill was read for the first time and referred to the Committee on Energy Policy.
Persell; Johnson, S., and Mahoney introduced:
H. F. No. 1094, A bill for an act relating to occupational safety; providing standards for recovery of embedded equipment and vehicles; proposing coding for new law in Minnesota Statutes, chapter 182.
The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.
Metsa, Erhardt, Hornstein, Beard and Anzelc introduced:
H. F. No. 1095, A bill for an act relating to public safety; motor vehicles; clarifying registration rules and periods; modifying rules pertaining to trip permits; modifying the design for veterans special plates; modifying record retention requirements; making changes to conform with federal requirements; authorizing background
checks of certain department employees; clarifying language pertaining to senior identification cards; making technical corrections; amending Minnesota Statutes 2012, sections 168.017, subdivisions 2, 3; 168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187, subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153, subdivisions 1, 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 2012, section 168.094.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Rosenthal; Ward, J.E., and Kelly introduced:
H. F. No. 1096, A bill for an act relating to public safety; reenacting an expired program authorizing the release from prison of certain nonviolent controlled substance offenders; proposing coding for new law in Minnesota Statutes, chapter 244.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Dorholt; Winkler; McNamar; Davids; Rosenthal; Lien; FitzSimmons; Lesch; Johnson, S.; Abeler; Bly and Hornstein introduced:
H. F. No. 1097, A bill for an act relating to taxation; income and franchise; providing a refundable credit for payment of principal and interest on student loans; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Brynaert; Johnson, C., and Hausman introduced:
H. F. No. 1098, A bill for an act relating to capital investment; appropriating money for the Minnesota River State Trail; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Davnie, Mariani, Moran, Bernardy, Abeler, Selcer and Ward, J.A., introduced:
H. F. No. 1099, A bill for an act relating to education finance; modifying integration revenue; amending Minnesota Statutes 2012, section 124D.86; Laws 2011, First Special Session chapter 11, article 2, section 51; repealing Minnesota Statutes 2012, section 124D.86, subdivision 6.
The bill was read for the first time and referred to the Committee on Education Policy.
Wagenius and Winkler introduced:
H. F. No. 1100, A bill for an act relating to environment; modifying water supply management; modifying environmental assessment worksheet requirements related to water use; amending Minnesota Statutes 2012, sections 103G.265, subdivisions 2, 3; 103G.287, subdivision 5; 116D.04, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Newton introduced:
H. F. No. 1101, A bill for an act relating to capital investment; appropriating money for local roads in Blaine; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Zerwas, Schoen, Pugh, Mullery and Paymar introduced:
H. F. No. 1102, A bill for an act relating to public safety; modifying certain provisions regarding the Forensic Laboratory Advisory Board; appropriating money; amending Minnesota Statutes 2012, section 299C.156.
The bill was read for the first time and referred to the Committee on Civil Law.
Newton, Abeler, Uglem and Hortman introduced:
H. F. No. 1103, A bill for an act relating to education finance; providing a minimum level of compensatory funding for each school district; amending Minnesota Statutes 2012, section 126C.10, subdivision 3.
The bill was read for the first time and referred to the Committee on Education Finance.
Quam introduced:
H. F. No. 1104, A bill for an act relating to transportation; highways; requiring placement of sign on marked Trunk Highway 52.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Quam and Benson, M., introduced:
H. F. No. 1105, A bill for an act relating to transportation; bridges; limiting bridge engineering, design, and construction costs in smaller cities; amending Minnesota Statutes 2012, section 174.50, subdivision 6b.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Allen, Abeler and Huntley introduced:
H. F. No. 1106, A bill for an act relating to human services; establishing a child protection screening work group for the purpose of establishing consistency in child protection screening; requiring a report; amending Minnesota Statutes 2012, section 626.556, by adding a subdivision.
The
bill was read for the first time and referred to the Committee on Early
Childhood and Youth Development Policy.
Quam; Norton; Liebling; Benson, M., and Petersburg introduced:
H. F. No. 1107, A bill for an act relating to transportation; appropriating money for reconstruction of marked Trunk Highway 14; authorizing the sale and issuance of trunk highway bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Bly, Mariani, Isaacson and Moran introduced:
H. F. No. 1108, A bill for an act relating to education; establishing additional accountability measures for charter schools serving at-risk student populations; amending Minnesota Statutes 2012, section 124D.10, subdivision 10.
The bill was read for the first time and referred to the Committee on Education Policy.
Torkelson, Lesch, Gunther and Mahoney introduced:
H. F. No. 1109, A bill for an act relating to taxation; liquor; modifying the definition of a qualified brewer; amending Minnesota Statutes 2012, section 297G.04, subdivision 2.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Ward, J.A.; Johnson, S.; Hansen; Schoen and Fischer introduced:
H. F. No. 1110, A bill for an act relating to natural resources; appropriating money for eradication and control of Grecian foxglove.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Newton, Marquart and Hertaus introduced:
H. F. No. 1111, A bill for an act relating to education finance; incorporating the health and safety revenue program into the deferred maintenance revenue program; setting a per pupil formula allowance for the program; amending Minnesota Statutes 2012, sections 123B.57, subdivisions 2, 6; 123B.59, subdivisions 1, 4; 123B.591; repealing Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, 7.
The bill was read for the first time and referred to the Committee on Education Finance.
Winkler introduced:
H. F. No. 1112, A bill for an act relating to business organizations; modifying certain duties and responsibilities of the secretary of state; amending Minnesota Statutes 2012, sections 5.002; 308B.215, subdivision 1; 321.0809; 321.0906; 321.1206; 323A.1102; 333.055, subdivision 2; 333.22, subdivision 2; 336.9-531; 336A.14.
The bill was read for the first time and referred to the Committee on Government Operations.
Wagenius, Persell, Torkelson, Fabian and Lillie introduced:
H. F.
No. 1113, A bill for an act relating to natural resources; appropriating money
from environment and natural resources trust fund; modifying requirements for
land acquisition with trust fund money; amending Minnesota Statutes 2012,
sections 116P.15; 116P.16; proposing coding for new law in Minnesota Statutes,
chapter 116P.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Abeler; Ward, J.A., and Lesch introduced:
H. F. No. 1114, A bill for an act relating to human services; modifying provisions related to licensing data, human services licensing, child care programs, financial fraud and abuse investigations, and vendors of chemical dependency treatment services; amending Minnesota Statutes 2012, sections 13.46, subdivisions 3, 4; 119B.125, subdivision 1b; 168.012, subdivision 1; 171.07, subdivision 1a; 245A.02, subdivision 5a; 245A.04, subdivisions 1, 5, 11; 245A.06, subdivision 1; 245A.07, subdivisions 2, 3, by adding a subdivision; 245A.08, subdivisions 2a, 5a; 245A.146, subdivisions 3, 4; 245A.50, subdivision 4; 245A.65, subdivision 1; 245A.66, subdivision 1; 245B.02, subdivision 10; 245B.04; 245B.05, subdivisions 1, 7; 245B.07, subdivisions 5, 9, 10; 254B.05, subdivision 5; 268.19, subdivision 1; 471.346; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 2012, sections 245B.02, subdivision 8a; 245B.07, subdivision 7a.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Allen introduced:
H. F. No. 1115, A bill for an act relating to health; making changes to the Medical Practice Act; amending Minnesota Statutes 2012, sections 147.001; 147.01, subdivision 1; 147.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Peppin and Atkins introduced:
H. F. No. 1116, A bill for an act relating to trademarks; defining trademark bullying; modifying remedies; amending Minnesota Statutes 2012, sections 333.18, by adding a subdivision; 333.29, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Huntley introduced:
H. F. No. 1117, A bill for an act relating to human services; modifying provisions related to chemical and mental health and human services licensing; establishing methadone treatment program standards; modifying drug treatment provisions; amending Minnesota Statutes 2012, sections 254B.04, by adding a subdivision; 254B.05, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 245A.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Freiberg introduced:
H. F. No. 1118, A bill for an act relating to bonds; modifying requirements for bond security; amending Minnesota Statutes 2012, section 574.01.
The bill was read for the first time and referred to the Committee on Government Operations.
Freiberg; Wills; Hackbarth; Garofalo; Pugh; Hansen; Kahn; Benson, J.; Ward, J.A.; Wagenius; Carlson; Dehn, R.; Winkler; Fischer; Loon; Clark; Paymar; Peppin; Davnie; Hausman; Schoen; Abeler; Hoppe; Albright; Isaacson; Lohmer; Uglem; Anderson, S.; Loeffler; Beard; Halverson; Runbeck; Mack; Hertaus and Atkins introduced:
H. F. No. 1119, A bill for an act relating to natural resources; appropriating money for wildlife habitat enhancement and restoration in metropolitan regional parks.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Freiberg introduced:
H. F. No. 1120, A bill for an act relating to state government; requiring service on all parties for judicial review of contested case; amending Minnesota Statutes 2012, section 14.63.
The bill was read for the first time and referred to the Committee on Government Operations.
Norton and Abeler introduced:
H. F. No. 1121, A bill for an act relating to human services; modifying prepaid health plans to improve screening, diagnosis, and treatment of young children with autism spectrum disorder or other developmental conditions; amending Minnesota Statutes 2012, sections 256.01, by adding a subdivision; 256B.69, subdivisions 5a, 9, by adding a subdivision.
The
bill was read for the first time and referred to the Committee on Early
Childhood and Youth Development Policy.
Persell, Hansen, Falk, Kahn and Wagenius introduced:
H. F. No. 1122, A bill for an act relating to water; modifying the Clean Water Legacy Act to improve accountability; amending Minnesota Statutes 2012, sections 114D.15, subdivision 11; 114D.25, by adding subdivisions; 114D.50, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 114D.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Simon introduced:
H. F. No. 1123, A bill for an act relating to elections; amending process to be placed on primary ballots for constitutional officers; changing the date of the state primary from August to June; changing the data of primary elections conducted by a political subdivision in certain circumstances; allowing for the description "endorsed" on
general election ballots; amending Minnesota Statutes 2012, sections 204B.03; 204B.06, subdivision 2; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.27, subdivision 2; 204B.36, subdivision 2; 204D.03, subdivision 1; 204D.07, subdivision 2; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.
The bill was read for the first time and referred to the Committee on Elections.
Fritz; Atkins; Murphy, E.; Abeler and Huntley introduced:
H. F. No. 1124, A bill for an act relating to nursing; modifying definitions in the Minnesota Nurse Practicing Act; amending Minnesota Statutes 2012, sections 148.171, subdivisions 14, 15, by adding subdivisions; 148.271; repealing Minnesota Statutes 2012, section 148.171, subdivision 12; Minnesota Rules, part 6321.0100.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Loeffler introduced:
H. F. No. 1125, A bill for an act relating to health; making changes to the violence prevention education program for school districts; establishing a prevention of sexual violence work group; establishing grants; appropriating money; amending Minnesota Statutes 2012, section 120B.22.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Winkler introduced:
H. F. No. 1126, A bill for an act relating to public safety; expanding criminal sexual conduct offenses for persons in current or recent positions of authority over juveniles; amending Minnesota Statutes 2012, sections 609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
McNamar introduced:
H. F. No. 1127, A bill for an act relating to transportation; traffic regulations; vehicle weight restrictions; establishing quarry vehicle permits; proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Metsa and Anzelc introduced:
H. F. No. 1128, A bill for an act relating to taxation; property; providing a tax credit for pollution control property; repealing the property tax exemption for certain pollution control property; amending Minnesota Statutes 2012, sections 272.02, subdivision 10; 290.06, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Metsa and Anzelc introduced:
H. F. No. 1129, A bill for an act relating to taxation; property; modifying the pollution control exemption for electric generation systems; amending Minnesota Statutes 2012, section 272.02, subdivision 10.
The bill was read for the first time and referred to the Committee on Taxes.
Bly and Falk introduced:
H. F. No. 1130, A bill for an act relating to energy; establishing rate schedules for certain renewable energy projects; establishing surcharge on electricity consumption; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 216B.
The bill was read for the first time and referred to the Committee on Energy Policy.
Mahoney, Hausman and Murphy, E., introduced:
H. F. No. 1131, A bill for an act relating to capital investment; appropriating money for expansion of the University Enterprise Laboratories building; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Hortman, Clark, Abeler, Huntley, Liebling, Fritz and Newton introduced:
H. F. No. 1132, A bill for an act relating to human services; appropriating money for long-term homeless supportive services.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Hansen, by request, introduced:
H. F. No. 1133, A bill for an act relating to environment; providing for permitting efficiency; modifying terms for certain permits; creating a pollution control ombudsperson; modifying environmental review petition requirements; appropriating money; amending Minnesota Statutes 2012, sections 84.027, subdivision 14a, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116D.04, subdivision 2a.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Dehn, R.; Radinovich; Rosenthal; Simon; Isaacson; Freiberg; Nelson; Lesch; Melin; Yarusso; Clark; Kahn; Simonson; Selcer; Schoen and Lien introduced:
H. F. No. 1134, A bill for an act relating to elections; providing for early voting; appropriating money; amending Minnesota Statutes 2012, sections 201.022, subdivision 1; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.081; 203B.085; 203B.121, subdivisions 1, 3, 4, 5, by adding a subdivision; 204B.28, subdivision 2; 206.82, subdivision 1; 206.83; proposing coding for new law in Minnesota Statutes, chapter 203B.
The bill was read for the first time and referred to the Committee on Elections.
Winkler; Cornish; Bly; Johnson, S.; Hortman and Lien introduced:
H. F. No. 1135, A bill for an act relating to witness testimony; providing for manner of child testimony; providing for support person for child and certain adult witnesses; proposing coding for new law in Minnesota Statutes, chapters 595; 631; repealing Minnesota Statutes 2012, section 631.046.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
Liebling introduced:
H. F. No. 1136, A bill for an act relating to health; changing licensing requirements for businesses regulated by the Board of Pharmacy; clarifying requirements for compounding; amending Minnesota Statutes 2012, sections 151.01, subdivisions 14, 30, by adding subdivisions; 151.19, subdivisions 1, 3; 151.44; 151.47, subdivision 1, by adding a subdivision; 151.49; proposing coding for new law in Minnesota Statutes, chapter 151; repealing Minnesota Statutes 2012, sections 151.19, subdivision 2; 151.25; 151.45; 151.47, subdivision 2; 151.48.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Mahoney introduced:
H. F. No. 1137, A bill for an act relating to
unemployment insurance; making federal conformity, policy, and housekeeping
changes; amending Minnesota Statutes 2012, sections 116L.17, subdivision 4, by
adding a subdivision; 268.033; 268.035, subdivisions 2, 4, 11, 12, 15, 22, 29;
268.042, subdivision 1; 268.043; 268.051, subdivisions 4a, 5; 268.057,
subdivisions 5, 7; 268.0625, subdivision 4; 268.069, subdivision 3; 268.07,
subdivisions 1, 3b; 268.085, subdivisions 3, 4, 5, 6; 268.0865, subdivisions 3,
4; 268.095, subdivisions 2, 3; 268.103, subdivision 2a; 268.105; 268.131,
subdivision 1; 268.136, subdivisions 1, 2, 3, 4, 5, by adding subdivisions;
268.18, subdivisions 1, 2b; 268.184, subdivision 1a; 268.186; 268.192,
subdivision 1a; 268.194, subdivision 1; 268.196, subdivision 1; 268.215;
268.23; Laws 2012, chapter 201, article 1, section 3; proposing coding for new
law in Minnesota Statutes, chapter 268; repealing Minnesota Rules, parts
3310.2905, subpart 2; 3310.2910; 3310.2914, subpart 1; 3310.2916; 3310.2919;
3310.2920; 3315.0200, subpart 1; 3315.0203; 3315.0211; 3315.0212; 3315.0213;
3315.0501, subparts 1, 2; 3315.0555, subpart 1; 3315.0801; 3315.0805;
3315.0810; 3315.0815; 3315.0820; 3315.0825; 3315.0830; 3315.0835; 3315.0840;
3315.0845; 3315.0901; 3315.0905; 3315.1001; 3315.1010.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Newton, Howe and Lesch introduced:
H. F. No. 1138, A bill for an act relating to the military; updating the Minnesota Code of Military Justice; providing clarifying language; amending Minnesota Statutes 2012, sections 192A.02, subdivision 1; 192A.045, subdivision 3; 192A.095; 192A.10; 192A.105; 192A.11, subdivision 1; 192A.111; 192A.13; 192A.20; 192A.235, subdivision 3; 192A.605; 192A.62; 192A.66; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2012, sections 192A.085; 192A.11, subdivisions 2, 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Liebling introduced:
H. F. No. 1139, A bill for an act relating to human services; modifying provisional discharge for the Minnesota sex offender program; modifying victim notification of discharge or release of person in the Minnesota sex offender program; amending Minnesota Statutes 2012, sections 253B.18, subdivision 5a; 253B.185, subdivisions 10, 12, 13, 14, 14a; 253B.19, subdivision 3; 611A.06, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Mullery introduced:
H. F.
No. 1140, A bill for an act relating to civil actions; modifying civil
liability for labor and sex trafficking crimes; allowing prosecutor to seek
injunctive relief; proposing coding for new law in Minnesota Statutes, chapter
299A; repealing Minnesota Statutes 2012, section 609.284, subdivision 2.
The bill was read for the first time and referred to the Committee on Civil Law.
Moran, Mullery and Abeler introduced:
H. F. No. 1141, A bill for an act relating to education; qualifying certain homeless children for early educational services; requiring a report; amending Minnesota Statutes 2012, sections 125A.02, subdivision 1a; 125A.30.
The
bill was read for the first time and referred to the Committee on Early
Childhood and Youth Development Policy.
Moran and Fritz introduced:
H. F.
No. 1142, A bill for an act relating to human services; creating the Minnesota
Families and Children Assistance Program Act; modifying the MFIP and child care
assistance programs; providing directions to commissioner; instructing the revisor
to change certain terminology; appropriating money; amending Minnesota Statutes
2012, sections 16A.152, subdivision 2; 119B.05, subdivision 1; 256J.08, by
adding a subdivision; 256J.24, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapter 256J; repealing Minnesota Statutes 2012, section
256J.24, subdivision 6.
The
bill was read for the first time and referred to the Committee on Early
Childhood and Youth Development Policy.
Poppe introduced:
H. F. No. 1143, A bill for an act relating to health; requiring mandatory rabies vaccination for dogs and proof of vaccination; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 346.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Hortman introduced:
H. F. No. 1144, A bill for an act relating to human services; clarifying an exception to the transfer penalty for medical assistance eligibility; amending Minnesota Statutes 2012, sections 256B.056, subdivision 3b; 256B.0595, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Brynaert and Erickson, S., introduced:
H. F. No. 1145, A bill for an act relating to libraries; appropriating money for online homework help services.
The bill was read for the first time and referred to the Committee on Education Finance.
Morgan introduced:
H. F. No. 1146, A bill for an act relating to energy; solar energy; requiring the Public Utilities Commission to initiate a proceeding regarding interconnection of distributed generation facilities; providing for the establishment and operation of community solar generating facilities; amending provisions governing the ownership of renewable energy credits; establishing residential solar design standards; amending Minnesota Statutes 2012, sections 216B.02, subdivision 4; 216B.1611, subdivision 2; 216B.1691, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapters 216B; 500.
The bill was read for the first time and referred to the Committee on Energy Policy.
Dehn, R.; Hansen; Hortman and Morgan introduced:
H. F. No. 1147, A bill for an act relating to energy; defining terms in the energy improvements program for local governments; amending Minnesota Statutes 2012, sections 216C.435, subdivision 8, by adding a subdivision; 216C.436, subdivision 2; 429.101, subdivision 2.
The bill was read for the first time and referred to the Committee on Energy Policy.
Dehn, R., and Anderson, M., introduced:
H. F. No. 1148, A bill for an act relating to transportation; highways; modifying the special account for I-394 parking facilities; amending Minnesota Statutes 2012, section 161.1231, subdivision 8.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Dehn, R., and Morgan introduced:
H. F.
No. 1149, A bill for an act relating to education; establishing a 13th grade
pilot project; appropriating money.
The bill was read for the first time and referred to the Committee on Education Policy.
Winkler, Nornes and Brynaert introduced:
H. F. No. 1150, A bill for an act relating to higher education; providing funding for the Minitex and MnLINK Gateway programs; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Mariani, Bly, Sawatzky, Yarusso, Isaacson and Erickson, R., introduced:
H. F. No. 1151, A bill for an act relating to education; modifying policies for early childhood through grade 12 education, including general education, education excellence, special programs, libraries, and early childhood education; authorizing rulemaking; amending Minnesota Statutes 2012, sections 15.059, subdivision 5b; 120A.41; 120B.02; 120B.021, subdivision 1; 120B.023; 120B.024; 120B.15; 120B.30, subdivision 1; 120B.31, subdivision 1; 123B.88, subdivision 22; 124D.10; 124D.122; 124D.79, subdivision 1, by adding a subdivision; 125A.27, subdivisions 8, 11, 14; 125A.28; 125A.29; 125A.30; 125A.32; 125A.33; 125A.35, subdivision 1; 125A.36; 125A.43; 126C.10, subdivision 14; 260A.02, subdivision 3; 260A.03; 260A.05, subdivision 1; 260A.07, subdivision 1; Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 8, as amended; proposing coding for new law in Minnesota Statutes, chapters 120B; 124D; repealing Minnesota Statutes 2012, section 125A.35, subdivisions 4, 5; Minnesota Rules, parts 3501.0505; 3501.0510; 3501.0515; 3501.0520; 3501.0525; 3501.0530; 3501.0535; 3501.0540; 3501.0545; 3501.0550.
The bill was read for the first time and referred to the Committee on Education Policy.
Murphy, M., introduced:
H. F. No. 1152, A bill for an act relating to retirement; volunteer firefighter relief associations; defining a relief association fiscal year; clarifying leaves exempted from minimum resumption service requirements for break-in-service service credit; mandating municipal approval for certain interest rates creditable to deferred service credits; amending Minnesota Statutes 2012, sections 69.771, subdivision 1; 69.774, subdivision 1; 424A.001, by adding a subdivision; 424A.01, subdivision 6; 424A.015, subdivisions 1, 4; 424A.016, subdivision 6; 424A.02, subdivision 7; 424A.10, subdivisions 1, 2; repealing Minnesota Statutes 2012, section 424A.10, subdivision 5.
The bill was read for the first time and referred to the Committee on Government Operations.
Persell and Kahn introduced:
H. F. No. 1153, A bill for an act relating to natural resources; appropriating money for upper Mississippi River comprehensive plan grants.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Ward, J.E., and Radinovich introduced:
H. F. No. 1154, A bill for an act relating to capital investment; appropriating money for water and sanitary sewer service to the Brainerd Lakes Regional Airport; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Mullery introduced:
H. F. No. 1155, A bill for an act relating to environment; establishing the Environmental Justice Act; proposing coding for new law in Minnesota Statutes, chapter 116B.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Fritz and Bly introduced:
H. F. No. 1156, A bill for an act relating to human services; modifying parental contribution amounts; amending Minnesota Statutes 2012, section 252.27, subdivision 2a.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Norton; Benson, M., and Fritz introduced:
H. F. No. 1157, A bill for an act relating to human services; modifying medical assistance provisions related to quality assurance; amending Minnesota Statutes 2012, sections 256B.095; 256B.0951, subdivisions 1, 4; 256B.0952, subdivisions 1, 5; 256B.0955; 256B.097, subdivisions 1, 3; repealing Minnesota Statutes 2012, section 256B.096, subdivisions 1, 2, 3, 4.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Marquart introduced:
H. F. No. 1158, A bill for an act relating to governmental operations; establishing a school climate council and a school climate center; proposing coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time and referred to the Committee on Government Operations.
Persell and Anzelc introduced:
H. F. No. 1159, A bill for an act relating to state lands; providing for public sale of certain tax-forfeited land bordering public waters in Cass County.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hilstrom introduced:
H. F. No. 1160, A bill for an act relating to judiciary; appropriating money for judiciary, Guardian Ad Litem Board, Tax Court, Board on Judicial Standards, Board of Public Defense, Uniform Laws Commission, and Sentencing Guidelines Commission.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
Dill introduced:
H. F. No. 1161, A bill for an act relating to outdoor heritage; establishing property tax valuation criteria for conservation easements purchased with outdoor heritage funds; amending Minnesota Statutes 2012, section 273.117.
The bill was read for the first time and referred to the Committee on Taxes.
Hornstein and Beard introduced:
H. F. No. 1162, A bill for an act relating to transportation; highways; amending MnPASS authority and revenue allocation; amending Minnesota Statutes 2012, sections 160.845; 160.93, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Isaacson, Allen, Masin and Hornstein introduced:
H. F. No. 1163, A bill for an act relating to natural resources; reinstating the five-year moratorium on wolf hunting; amending Minnesota Statutes 2012, section 97B.645, subdivision 9.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Laine introduced:
H. F. No. 1164, A bill for an act relating to human services; modifying medical assistance managed care contracts; amending Minnesota Statutes 2012, section 256B.69, subdivision 5a.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Hansen introduced:
H. F. No. 1165, A bill for an act relating to capital investment; appropriating money for a regional trail bridge; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Erickson, S., introduced:
H. F. No. 1166, A bill for an act relating to education; allowing teacher candidates who do not pass the basic skills exam to teach under a temporary license; amending Minnesota Statutes 2012, sections 122A.09, subdivision 4; 122A.18, subdivision 2.
The bill was read for the first time and referred to the Committee on Education Policy.
Melin, Hornstein, Atkins, Masin, Falk and Metsa introduced:
H. F. No. 1167, A bill for an act relating to energy; allocating certain funds from the renewable development account; creating an account; providing for financial incentives for solar photovoltaic modules manufactured in Minnesota; requiring studies; appropriating money; amending Minnesota Statutes 2012, section 116C.779, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 216C.
The bill was read for the first time and referred to the Committee on Energy Policy.
Dill introduced:
H. F. No. 1168, A bill for an act relating to state lands; authorizing public or private sale of tax-forfeited lands bordering public waters.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Dill introduced:
H. F. No. 1169, A bill for an act relating to taxation; tax increment financing; extending period for city of Ely to collect increment; modifying expenditures allowed outside district.
The bill was read for the first time and referred to the Committee on Taxes.
Falk, Bly, Hortman, Atkins, Hansen, Hornstein, Mahoney, Anzelc and Winkler introduced:
H. F. No. 1170, A bill for an act relating to energy; amending the maximum capacity at which small electricity generators qualify for net metering; amending the definition of a rate at which small generators may elect to be paid by utilities; amending the treatment of a purchase from a small generator by a nongenerating utility supplied by a municipal power agency; amending Minnesota Statutes 2012, section 216B.164, subdivisions 3, 5, 6, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Energy Policy.
Dehn, R., introduced:
H. F. No. 1171, A bill for an act relating to capital investment; appropriating money for renovation of the historic Masonic Temple at the Hennepin Center for the Arts, in Minneapolis; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Dehn, R., and Hansen introduced:
H. F. No. 1172, A bill for an act relating to arts and cultural heritage; appropriating money for a community theater grant program.
The bill was read for the first time and referred to the Committee on Legacy.
Dehn, R.; Morgan and Hansen introduced:
H. F. No. 1173, A bill for an act relating to arts and cultural heritage; appropriating money for community arts education.
The bill was read for the first time and referred to the Committee on Legacy.
Falk introduced:
H. F. No. 1174, A bill for an act relating to energy; requiring the Public Utilities Commission to initiate a proceeding culminating in an order establishing standards for utility rates regarding the interconnection of small electric generating facilities; amending Minnesota Statutes 2012, section 216B.1611.
The bill was read for the first time and referred to the Committee on Energy Policy.
Wagenius and Poppe introduced:
H. F. No. 1175, A bill for an act relating to agriculture; establishing the Minnesota agricultural water quality program; authorizing rulemaking; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Hansen introduced:
H. F. No. 1176, A bill for an act relating to water; eliminating the Clean Water Council and reassigning duties; amending Minnesota Statutes 2012, sections 10A.01, subdivision 35; 97A.056, subdivision 3; 114D.20, subdivision 5; repealing Minnesota Statutes 2012, sections 114D.15, subdivision 3; 114D.20, subdivisions 6, 7; 114D.30.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hansen introduced:
H. F. No. 1177, A bill for an act relating to emergency medical services; making changes to the special taxing districts; amending Minnesota Statutes 2012, section 144F.01, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Poppe introduced:
H. F. No. 1178, A bill for an act relating to the military; clarifying that an employee may choose when to use paid military leave; amending Minnesota Statutes 2012, section 192.26.
The bill was read for the first time and referred to the Committee on Government Operations.
Schomacker introduced:
H. F. No. 1179, A bill for an act relating to health; making changes to resident reimbursement classifications; amending Minnesota Statutes 2012, section 144.0724.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Hansen introduced:
H. F. No. 1180, A bill for an act relating to education finance; authorizing a school district to charge fees in order to make digital technology more widely available; amending Minnesota Statutes 2012, sections 123B.35; 123B.36, subdivision 1; 123B.37, subdivision 1.
The bill was read for the first time and referred to the Committee on Education Finance.
Dorholt introduced:
H. F. No. 1181, A bill for an act relating to human rights; ensuring public accommodations for blind and disabled persons; amending Minnesota Statutes 2012, section 363A.19.
The bill was read for the first time and referred to the Committee on Civil Law.
Schoen introduced:
H. F.
No. 1182, A bill for an act relating to human rights; changing provisions for
certain certificates of compliance; amending Minnesota Statutes 2012, sections
363A.36, subdivision 1; 363A.37; repealing Minnesota Rules, part 5000.3560,
subparts 2, 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Kahn introduced:
H. F. No. 1183, A bill for an act relating to appropriations; appropriating money from clean water fund and parks and trails fund.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Murphy, M., introduced:
H. F. No. 1184, A bill for an act relating to state government finance; modifying provisions of the state auditor for costs and fees; requiring determination of IT costs for certain projects; establishing the e-government advisory council; changing the audit responsibility for job opportunity building zones to the legislative auditor; changing campaign finance provisions and establishing fees; changing provisions that refer to school trust lands director; authorizing "Support Our Veterans" license plates; changing provisions related to veterans; making department of revenue changes; establishing an automobile theft prevention surcharge; making conforming changes; appropriating money; amending Minnesota Statutes 2012, sections 6.48; 6.56, subdivision 2; 10A.01, subdivision 26; 10A.02,
subdivision 15; 15A.0815, subdivision 3; 16A.82; 16E.07, subdivision 6, by adding a subdivision; 65B.84, subdivision 1; 94.342, subdivision 5; 127A.30, subdivision 1; 127A.351; 127A.352, subdivisions 1, 2; 197.608, subdivisions 3, 4, 5, 6; 197.791, subdivisions 1, 4, 5; 270C.69, subdivision 1; 289A.20, subdivisions 2, 4; 289A.26, subdivision 2a; 295.55, subdivision 4; 297F.09, subdivision 7; 297G.09, subdivision 6; 297I.30, by adding a subdivision; 297I.35, subdivision 2; 469.3201; 471.699; 473.843, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 6; 10A; 16; 168; 196; 297I; 349A; repealing Minnesota Statutes 2012, sections 6.58; 127A.352, subdivision 3; 127A.353; 168A.40, subdivisions 3, 4; 197.608, subdivision 2a; 270C.145.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Falk, Wagenius, Hansen and Erickson, R., introduced:
H. F. No. 1185, A bill for an act relating to game and fish; establishing an elk license auction to control elk causing damage or nuisance; appropriating money; amending Minnesota Statutes 2012, section 97B.515, subdivision 4.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Falk; Sawatzky; Johnson, C.; Erickson, R., and McNamar introduced:
H. F. No. 1186, A bill for an act relating to public safety; providing for special "MN supports family farmers" license plates; proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Allen, Paymar, Huntley and Cornish introduced:
H. F. No. 1187, A bill for an act relating to sexually exploited youth; expanding safe harbor provisions to include 16 and 17 year olds involved in prostitution; amending Minnesota Statutes 2012, sections 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 31; repealing Minnesota Statutes 2012, section 609.093.
The bill
was read for the first time and referred to the Committee on Early Childhood
and Youth Development Policy.
Falk introduced:
H. F. No. 1188, A bill for an act relating to clean water; appropriating money for a groundwater management conference.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Falk introduced:
H. F. No. 1189, A bill for an act relating to clean water; appropriating money for baseline water quality monitoring.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Simonson, McNamar and Schoen introduced:
H. F. No. 1190, A bill for an act relating to insurance; establishing cost-sharing criteria for generic and over-the-counter drugs offered by qualified health plans.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Clark introduced:
H. F. No. 1191, A bill for an act relating to environment; appropriating money for mobile air monitoring laboratory.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Clark introduced:
H. F. No. 1192, A bill for an act relating to public health; requiring notification of autism service options for medical assistance and MinnesotaCare recipients; requiring medical assistance to cover specified services for the treatment of autism; requiring commissioner of health to research and report on autism; requiring commissioners of health and human services to train autism service providers; amending Minnesota Statutes 2012, section 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256.
The
bill was read for the first time and referred to the Committee on Early
Childhood and Youth Development Policy.
Clark introduced:
H. F. No. 1193, A bill for an act relating to government trade relations; establishing a trade and cultural exchange relationship between Minnesota and Somalia; appropriating money.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Isaacson; Clark; Radinovich; Moran; Sawatzky; Fischer; Bly; Abeler; Metsa; Ward, J.E.; Dehn, R.; Carlson; Schoen; Newton; McNamar; Sundin; Zerwas; Anzelc; Faust; Freiberg; Johnson, S.; Johnson, C., and Dorholt introduced:
H. F. No. 1194, A bill for an act relating to housing finance; appropriating money for the Minnesota Housing Finance Agency.
The bill was read for the first time and referred to the Committee on Housing Finance and Policy.
Nelson introduced:
H. F.
No. 1195, A bill for an act relating to local government; giving Hennepin
County the same authority as Minneapolis to negotiate agreements relating to
skilled trade and craft workers and apprentices; amending Laws 1988, chapter
471, sections 1, subdivisions 1, as amended, 4, as amended; 2, as amended.
The bill was read for the first time and referred to the Committee on Government Operations.
Nelson introduced:
H. F. No. 1196, A bill for an act relating to local government; authorizing publication of advertisements for competitive bids in a recognized industry trade journal; amending Minnesota Statutes 2012, sections 331A.01, by adding a subdivision; 429.041, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations.
Beard, Hansen, Holberg and Falk introduced:
H. F. No. 1197, A bill for an act relating to the legislative auditor; providing for financial and data security audits; requiring certain notice to the legislative auditor; amending Minnesota Statutes 2012, section 3.971, subdivision 6, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Government Operations.
Dehn, R.; FitzSimmons; Schoen and Zerwas introduced:
H. F.
No. 1198, A bill for an act relating to liquor; allowing certain brewers with
production over 3,500 barrels to sell growlers at off-sale; amending Minnesota
Statutes 2012, section 340A.301, subdivision 7, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Mahoney, Huntley and Dorholt introduced:
H. F. No. 1199, A bill for an act relating to taxes; individual income; modifying the small business investment credit; amending Minnesota Statutes 2012, section 116J.8737, subdivisions 1, 2, 8.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Fritz, Abeler, Morgan, Anzelc, Metsa and Fischer introduced:
H. F. No. 1200, A bill for an act relating to health; changing provisions for minimum nursing staff requirement; requiring a report; amending Minnesota Statutes 2012, sections 144A.04, subdivision 7; 256B.434, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dorholt and Theis introduced:
H. F. No. 1201, A bill for an act relating to the city of St. Cloud; clarifying the status of a tax increment financing district.
The bill was read for the first time and referred to the Committee on Taxes.
Dorholt and Theis introduced:
H. F. No. 1202, A bill for an act relating to human services; repealing county concurrence requirements for foster care placement; repealing Minnesota Rules, part 9560.0560, subpart 3.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dorholt and Theis introduced:
H. F. No. 1203, A bill for an act relating to human services; modifying funding for detoxification services; amending Minnesota Statutes 2012, section 256G.06.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dorholt, Hornstein, FitzSimmons and Theis introduced:
H. F. No. 1204, A bill for an act relating to transportation; contracts; establishing a public-private partnership pilot program and related regulations.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Anderson, S., introduced:
H. F. No. 1205, A bill for an act relating to energy; regulating the assessment of need and routing of certain transmission lines.
The bill was read for the first time and referred to the Committee on Energy Policy.
Isaacson introduced:
H. F. No. 1206, A bill for an act relating to health; modifying body art regulations; providing criminal penalties; amending Minnesota Statutes 2012, sections 146B.02, subdivisions 2, 8; 146B.03, by adding a subdivision; 146B.07, subdivision 5; repealing Minnesota Statutes 2012, section 146B.03, subdivision 10.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Swedzinski introduced:
H. F. No. 1207, A bill for an act relating to body art; imposing penalties for performing body art or operating a body art establishment without a license; proposing coding for new law in Minnesota Statutes, chapter 146B.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Mullery introduced:
H. F. No. 1208, A bill for an act relating to health; changing licensing requirements for businesses regulated by the Board of Pharmacy; clarifying requirements for compounding; making changes to the prescription monitoring program; amending Minnesota Statutes 2012, sections 151.01, subdivisions 14, 16, 17, 27, 28, 29, 30, by adding subdivisions; 151.19, subdivisions 1, 3; 151.211; 151.361, subdivision 2; 151.37, subdivision 2, by adding subdivisions; 151.44; 151.47, subdivision 1, by adding a subdivision; 151.49; 152.126; proposing coding for new law in Minnesota Statutes, chapter 151; repealing Minnesota Statutes 2012, sections 151.19, subdivision 2; 151.25; 151.37, subdivision 11; 151.45; 151.47, subdivision 2; 151.48.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Sawatzky introduced:
H. F. No. 1209, A bill for an act relating to natural resources; appropriating money for inspections and decontaminations at the city of Spicer public water access site on Green Lake.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Allen introduced:
H. F. No. 1210, A bill for an act relating to health; modifying a social work licensure provision; amending Minnesota Statutes 2012, section 148E.0555, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dill introduced:
H. F. No. 1211, A bill for an act relating to motor vehicles; establishing Start Seeing Motorcycles special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Marquart introduced:
H. F. No. 1212, A bill for an act relating to education finance; authorizing an elevator repair levy for Independent School District No. 2527, Norman County West.
The bill was read for the first time and referred to the Committee on Education Finance.
Sundin; Atkins; Johnson, S.; Beard and Schoen introduced:
H. F. No. 1213, A bill for an act relating to commerce; regulating residential mortgage loan counseling; amending Minnesota Statutes 2012, section 58.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 58.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Mahoney; Paymar; Lesch; Mariani; Johnson, S., and Mullery introduced:
H. F. No. 1214, A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a, 19a, 23, 24; 168A.153, subdivisions 1, 3; 325E.21, subdivisions 1, 1a, 3, 6, 8, 9, by adding subdivisions; repealing Minnesota Statutes 2012, section 168A.153, subdivision 2.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Swedzinski introduced:
H. F. No. 1215, A bill for an act relating to capital investment; appropriating money for the Marshall MERIT Center; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Lillie; Kahn; Atkins; Anderson, S., and Peppin introduced:
H. F. No. 1216, A bill for an act relating to alcohol; making technical corrections to a beer license for the Twin Cities Marathon; amending Laws 1999, chapter 202, section 13.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Mullery, Cornish and Hilstrom introduced:
H. F. No. 1217, A bill for an act relating to judiciary; establishing a sentence of life with release when certain juveniles commit a heinous crime; amending Minnesota Statutes 2012, sections 244.05, subdivisions 4, 5; 609.106, by adding a subdivision.
The bill
was read for the first time and referred to the Committee on Early Childhood
and Youth Development Policy.
Lesch; Franson; Dehn, R.; Cornish; Radinovich; Johnson, S.; Moran and Drazkowski introduced:
H. F. No. 1218, A bill for an act relating to judiciary; modifying registration of a juvenile as a predatory offender; modifying access to juvenile records; modifying provisions governing hearings in juvenile court proceedings; amending Minnesota Statutes 2012, sections 243.166, subdivisions 1b, 2, 6; 260B.163, subdivision 1; 260B.171, subdivisions 1, 4; 260B.198, subdivision 7.
The bill
was read for the first time and referred to the Committee on Early Childhood
and Youth Development Policy.
Hornstein, Wagenius, Kahn, Hansen, Rosenthal, Morgan, Paymar, Masin, Erhardt, Lenczewski, Davnie and Clark introduced:
H. F. No. 1219, A bill for an act relating to the Metropolitan Airports Commission; requiring certain commission meetings to be held outside of the airport security area; amending Minnesota Statutes 2012, section 473.604, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Government Operations.
Winkler; Anderson, S.; Kahn; Erickson, S., and Morgan introduced:
H. F. No. 1220, A bill for an act relating to education; modifying the Online Learning Advisory Council; amending Minnesota Statutes 2012, section 124D.095, subdivision 10.
The bill was read for the first time and referred to the Committee on Education Policy.
Dehn, R.; Isaacson; Rosenthal; FitzSimmons and Davnie introduced:
H. F. No. 1221, A bill for an act relating to commerce; making various technical and housekeeping changes related to staff adjusters, canceled licenses, and transfer fees; providing producer training requirements for flood insurance products; eliminating the membership camping license requirement; repealing an obsolete collection agency rule; correcting cross-references; making adjustments to various dollar amounts as required by state law; providing for a method to periodically update Minnesota Statutes to reflect the current dollar amounts as adjusted; amending Minnesota Statutes 2012, sections 47.59, subdivisions 3, 6; 56.12; 56.125, subdivision 2; 56.131, subdivisions 2, 6; 72B.10; 82.62, subdivision 7; 82.63, subdivision 8; 82A.06, subdivision 2; 82A.13, subdivision 1; 82A.18, subdivision 2; 82C.16, subdivision 1; 325G.22, subdivision 1; 510.02, subdivision 1; 550.37, subdivisions 4, 4a, 6, 10, 12a, 23, 24; proposing coding for new law in Minnesota Statutes, chapter 60K; repealing Minnesota Statutes 2012, sections 82A.16; 82A.17; Minnesota Rules, part 2870.1500.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Hansen and Davids introduced:
H. F. No. 1222, A bill for an act relating to game and fish; repealing antler point restriction rule criteria; repealing Laws 2011, First Special Session chapter 2, article 5, section 69.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Ward, J.A.; Kieffer and Fischer introduced:
H. F. No. 1223, A bill for an act relating to transportation; mass transit; authorizing the Washington County Regional Rail Authority to exercise existing powers for bus rapid transit purposes.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Persell and Huntley introduced:
H. F. No. 1224, A bill for an act relating to ambulance services; providing a grant to the Leech Lake Band of Ojibwe ambulance service; appropriating money.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Gunther introduced:
H. F. No. 1225, A bill for an act relating to employment; modifying the minimum wage for certain employees receiving gratuities; amending Minnesota Statutes 2012, section 177.24, subdivision 1.
The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.
Cornish and Hilstrom introduced:
H. F. No. 1226, A bill for an act relating to public safety; providing enhanced penalties for causing the death of or assaulting a prosecuting attorney; amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Kiel introduced:
H. F. No. 1227, A bill for an act relating to capital investment; appropriating money for improvements in the Red River State Recreation Area in East Grand Forks; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Benson, M.; Gunther and Abeler introduced:
H. F. No. 1228, A bill for an act relating to taxation; small business investment credit; providing a higher credit percentage for certain investments; amending Minnesota Statutes 2012, section 116J.8737, subdivisions 1, 2, 5, 7.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Davids and Atkins introduced:
H. F. No. 1229, A bill for an act relating to public pensions; imposing an insurance surcharge; modifying pension aids; providing pension funding; amending Minnesota Statutes 2012, section 69.021, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 297I.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Winkler, Simon, Dorholt, Halverson, Morgan, Norton, Bernardy and Brynaert introduced:
H. F. No. 1230, A bill for an act relating to redistricting; establishing districting principles for legislative and congressional plans; providing for appointment of a commission to recommend the boundaries of legislative and congressional districts; amending Minnesota Statutes 2012, section 2.021; proposing coding for new law in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2012, sections 2.031; 2.444; 2.484.
The bill was read for the first time and referred to the Committee on Government Operations.
Lenczewski introduced:
H. F. No. 1231, A bill for an act relating to transportation; capital investment; appropriating money for Mall of America light rail transit station improvements; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Lenczewski introduced:
H. F. No. 1232, A bill for an act relating to transportation; capital investment; appropriating money for the I-35W/I-494 Interchange and bus rapid transit station; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Huntley introduced:
H. F. No. 1233, A bill for an act relating to state government; establishing the health and human services budget; modifying provisions related to health care, continuing care, nursing facility admission, children and family services, human services licensing, chemical and mental health, program integrity, managed care organizations, waiver provider standards, home care, and the Department of Health; redesigning home and community-based services; establishing community first services and supports and Northstar Care for Children; providing for fraud investigations in the child care assistance program; establishing autism early intensive intervention benefits; creating a human services performance council; making technical changes; requiring a study; requiring reports; appropriating money; repealing MinnesotaCare; amending Minnesota Statutes 2012, sections 16C.10, subdivision 5; 16C.155, subdivision 1; 103I.005, by adding a subdivision; 103I.521; 119B.011, by adding a subdivision; 119B.02, by adding a subdivision; 119B.025, subdivision 1; 119B.03, subdivision 4; 119B.05, subdivision 1; 119B.13, subdivisions 1, 1a, 6, by adding subdivisions; 144.051, by adding subdivisions; 144.0724, subdivision 4; 144.123, subdivision 1; 144.125, subdivision 1; 144.98, subdivisions 3, 5, by adding subdivisions; 144.99, subdivision 4; 144A.351; 144A.43; 144A.44; 144A.45; 144D.01, subdivision 4; 145.986; 145C.01, subdivision 7; 148E.065, subdivision 4a; 149A.02, subdivisions 1a, 2, 3, 4, 5, 16, 23, 27, 34, 35, 37, by adding subdivisions; 149A.03; 149A.65, by adding subdivisions; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9, by adding a subdivision; 149A.73, subdivisions 1, 2, 4; 149A.74; 149A.90, subdivision 8; 149A.91, subdivision 9; 149A.92, subdivision 1; 149A.93, subdivisions 3, 6; 149A.94; 149A.96, subdivision 9; 174.30, subdivision 1; 243.166, subdivisions 4b, 7; 245.4682, subdivision 2; 245A.02, subdivisions 1, 9, 10, 14; 245A.03, subdivisions 7, 9; 245A.04, subdivision 13; 245A.042, subdivision 3; 245A.07, subdivisions 2a, 3; 245A.08, subdivision 2a; 245A.10; 245A.11, subdivisions 2a, 7, 7a, 7b, 8; 245A.1435; 245A.144; 245A.1444; 245A.16, subdivision 1; 245A.40, subdivision 5; 245A.50; 245C.04, by adding a subdivision; 245C.08, subdivision 1; 245C.33, subdivision 1; 245D.02; 245D.03; 245D.04; 245D.05; 245D.06; 245D.07; 245D.09; 245D.10; 246.18, subdivision 8, by adding a subdivision; 246.54; 254B.04, subdivision 1; 256.01, subdivisions 2, 24, 34, by adding subdivisions; 256.0112, by
adding a subdivision; 256.82, subdivisions 2, 3; 256.969, subdivision 3a; 256.975, subdivision 7, by adding subdivisions; 256.9754, subdivision 5, by adding subdivisions; 256.98, subdivision 8; 256B.02, by adding subdivisions; 256B.021, by adding subdivisions; 256B.04, subdivisions 18, 21, by adding a subdivision; 256B.055, subdivisions 3a, 6, 10, 15, by adding subdivisions; 256B.056, subdivisions 1, 1a, 1c, 3, 3c, 4, 5c, 10, by adding a subdivision; 256B.057, subdivisions 1, 8, 10, by adding a subdivision; 256B.059, subdivision 1; 256B.06, subdivision 4; 256B.0625, subdivisions 13e, 17a, 19c, 58, by adding subdivisions; 256B.0659, subdivision 21; 256B.0911, subdivisions 1, 1a, 3a, 4d, 6, 7, by adding a subdivision; 256B.0913, subdivision 4, by adding a subdivision; 256B.0915, subdivisions 3a, 5, by adding a subdivision; 256B.0916, by adding a subdivision; 256B.0917, subdivisions 6, 13, by adding subdivisions; 256B.092, subdivisions 11, 12, by adding subdivisions; 256B.434, subdivision 4; 256B.437, subdivision 6; 256B.439, subdivisions 1, 2, 3, 4, by adding a subdivision; 256B.441, subdivisions 13, 53, by adding subdivisions; 256B.49, subdivisions 11a, 12, 14, 15, by adding subdivisions; 256B.4912, subdivisions 1, 7, by adding subdivisions; 256B.493, subdivision 2; 256B.5011, subdivision 2; 256B.69, subdivisions 5c, 31; 256B.76, subdivisions 1, 2; 256B.761; 256B.766; 256I.05, by adding a subdivision; 256J.08, subdivision 24; 256J.21, subdivisions 2, 3; 256J.24, subdivisions 3, 7; 256J.621; 256J.626, subdivision 7; 257.85, subdivisions 2, 5, 6; 260C.446; 402A.10; 402A.18; 471.59, subdivision 1; 626.556, subdivisions 2, 3, 10d; 626.557, subdivisions 4, 9, 9a, 9e; 626.5572, subdivision 13; Laws 1998, chapter 407, article 6, section 116; proposing coding for new law in Minnesota Statutes, chapters 144; 144A; 149A; 245; 245A; 245D; 256; 256B; 256J; 259A; 260C; 402A; proposing coding for new law as Minnesota Statutes, chapters 245E; 256N; repealing Minnesota Statutes 2012, sections 103I.005, subdivision 20; 144.123, subdivision 2; 144A.46; 144A.461; 149A.025; 149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8; 149A.45, subdivision 6; 149A.50, subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a; 149A.53, subdivision 9; 245A.655; 245B.01; 245B.02; 245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3, 5, 6, 7; 245B.055; 245B.06; 245B.07; 245B.08; 245D.08; 256.82, subdivision 4; 256B.055, subdivisions 3, 5, 10b; 256B.056, subdivision 5b; 256B.057, subdivisions 1c, 2; 256B.0911, subdivisions 4a, 4b, 4c; 256B.0917, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14; 256B.092, subdivision 11; 256B.49, subdivisions 16a, 22; 256J.24, subdivision 10; 256L.01, subdivisions 1, 1a, 2, 3, 3a, 4a, 5; 256L.02, subdivisions 1, 2, 3; 256L.03, subdivisions 1, 1a, 1b, 2, 3, 3a, 3b, 4, 5, 6; 256L.031; 256L.04, subdivisions 1, 1a, 1b, 2, 2a, 7, 7a, 7b, 8, 9, 10, 10a, 12, 13; 256L.05; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, 4, 5, 8, 9; 256L.09, subdivisions 1, 2, 4, 5, 6, 7; 256L.10; 256L.11; 256L.12; 256L.15, subdivisions 1, 1a, 1b, 2; 256L.17, subdivisions 1, 2, 3, 4, 5; 256L.18; 256L.22; 256L.24; 256L.26; 256L.28; 260C.441; 485.14; Minnesota Rules, parts 3400.0130, subpart 8; 4668.0002; 4668.0003; 4668.0005; 4668.0008; 4668.0012; 4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035; 4668.0040; 4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080; 4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150; 4668.0160; 4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218; 4668.0220; 4668.0230; 4668.0240; 4668.0800; 4668.0805; 4668.0810; 4668.0815; 4668.0820; 4668.0825; 4668.0830; 4668.0835; 4668.0840; 4668.0845; 4668.0855; 4668.0860; 4668.0865; 4668.0870; 4669.0001; 4669.0010; 4669.0020; 4669.0030; 4669.0040; 4669.0050; 9502.0355, subpart 4; 9560.0650, subparts 1, 3, 6; 9560.0651; 9560.0655.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Benson, M., and Quam introduced:
H. F. No. 1234, A bill for an act relating to transportation; providing for a Rochester area economic development and transportation study; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Fritz; Falk; Johnson, C.; McNamar; Hamilton; Poppe and Kiel introduced:
H. F.
No. 1235, A bill for an act relating to agriculture; appropriating money for
farm business management programs.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Mahoney introduced:
H. F. No. 1236, A bill for an act relating to public finance; providing an alternative general system to issue state and local debt obligations; enacting the "Minnesota All-Government Bond Act"; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 16F.
The bill was read for the first time and referred to the Committee on Government Operations.
Johnson, S., and Holberg introduced:
H. F. No. 1237, A bill for an act relating to judiciary; authorizing a public defender the same access to information about witnesses that public defenders have for information about a defendant; amending Minnesota Statutes 2012, section 611.272.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
FISCAL CALENDAR
Pursuant to rule 1.22, Carlson requested
immediate consideration of H. F. No. 5.
H. F. No. 5 was reported to
the House.
Newberger moved to amend H. F. No. 5, the eighth engrossment, as follows:
Page 4, delete lines 24 through page 6, line 9 and insert:
"Subdivision 1. Board. The Minnesota Insurance Marketplace is
governed by a board of directors with eight members, all chosen, by election,
by the citizens of the state of Minnesota.
Each member shall be elected during a
special general election of the first Tuesday in November of 2013.
One member shall be elected from each
of the eight U.S. Congressional Districts in Minnesota.
Each member shall serve a term of four
years, after the 2014 or 2016 election depending upon their initial election
status.
For the initial term, four of the
elected members shall serve a term of one year.
The remaining four elected members
shall serve a term of three years.
The initial terms, either one year or
three years, shall be determined by lot within 24 hours after the 2013 special
general election.
The
determination by lot shall be conducted by the Minnesota Secretary of State and
shall be open to the general public.
The members with one year terms may
stand for reelection in the 2014 general election.
The remaining four board
members, elected in the 2013 general election, shall serve an initial term of
three years and may be able to stand for reelection in the 2016 general
election.
Term limit rule: board members shall be allowed to serve no
more than two full terms.
Initial terms, determined in the 2013
election, shall not count towards the term limit rule.
The governor of Minnesota shall have
the right to cast a vote in the event the board reaches a tie in any voting situation.
The lieutenant governor shall have the
right to cast a vote in the event the board reaches a tie and if the governor
is unable to vote.
Board members shall have the right of
resignation at any time during their term.
Resignations shall be in writing, signed, notarized, and submitted in
person, or by certified mail, to the governor.
The board shall elect a chair from
among the members not less than ten days following the general election.
In the event of a tie, the governor
shall be granted one vote in the election of the chair.
In the event of a tie, and the governor
is unable to vote, the lieutenant governor shall be granted one vote in the
election of the chair.
Subd. 2. First
meeting; supervision."
Page 6, line 10, delete "(b)" and insert "(a)"
Page 6, line 11, delete "(c)" and insert "(b)"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Daudt
moved that H. F. No. 5 be re-referred to the Committee on State
Government Finance and Veterans Affairs.
A roll call was requested and properly
seconded.
The question was taken on the Daudt motion
and the roll was called. There were 59
yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail.
The question recurred on the Newberger
amendment and the roll was called. There
were 57 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Holberg
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Zerwas
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Dean, M., moved to amend H. F. No. 5, the eighth engrossment, as follows:
Page 19, after line 2, insert:
"Sec. 14. CONTINGENT
ELIMINATION OF STATE EXCHANGE.
The commissioner of management and
budget and the board of the Minnesota Insurance Marketplace shall cease
development and administration of the Minnesota Insurance Marketplace under
Minnesota Statutes, chapter 62V, if the commissioner and board determine that:
(1) the full amount of projected
federal funding will not be available;
(2) sufficient federal guidance for the
operation of the marketplace will not be provided. The commissioner and the board shall provide
the legislature with notice of this determination, and shall cease development
and administration of the marketplace within 60 days of making the
determination, subject to federal approval; or
(3) the federal government changes both the establishment date and the eligibility limitation date for federal grants for health insurance exchanges."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Dean, M.,
amendment and the roll was called. There
were 58 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski