Journal of the House - 88th Day - Tuesday, April 22, 2014

A quorum was present.

Howe and McDonald were excused.

Halverson was excused until 2:20 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.

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9804

REPORTS OF CHIEF CLERK

S. F. No. 1732 and H. F. No. 1960, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Halverson moved that S. F. No. 1732 be substituted for H. F. No. 1960 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2066 and H. F. No. 2120, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Holberg moved that the rules be so far suspended that S. F. No. 2066 be substituted for H. F. No. 2120 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 9, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

I respectfully request the opportunity to address a joint meeting of the Session of the 88th Minnesota State Legislature on Wednesday, April 30, 2014, at 7:00 p.m., for the purpose of presenting my State of the State message.

Thank you.

Sincerely,

Mark Dayton

Governor

Murphy, E., moved that the House accede to the request of the Governor for a Joint Convention to hear the State of the State message of the Governor at 7:00 p.m., Wednesday, April 30, 2014; that the Chief Clerk be instructed to invite the Senate to meet in Joint Convention at 6:45 p.m.; that the Governor be advised accordingly; and that a committee of five members of the House of Representatives as previously constituted act with a similar committee to be appointed by the Senate to escort the Governor to the Joint Convention. The motion prevailed.

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9805

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 9, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 826.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2014 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2014

Date Filed

2014

826 160 4:02 p.m. April 9 April 9

Sincerely,

Mark Ritchie

Secretary of State

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9806

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 11, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 977.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 2014 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2014

Date Filed

2014

2004 156 4:38 p.m. April 11 April 11

977 157 4:39 p.m. April 11 April 11

1737 158 4:40 p.m. April 11 April 11

1509 159 4:40 p.m. April 11 April 11

2569 161 4:41 p.m. April 11 April 11

1762 162 4:43 p.m. April 11 April 11

2060 163 4:44 p.m. April 11 April 11

2221 164 4:45 p.m. April 11 April 11

2108 165 4:46 p.m. April 11 April 11

Sincerely,

Mark Ritchie

Secretary of State

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9807

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

April 14, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Thissen:

Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State H. F. No. 2091.

Sincerely,

Mark Dayton

Governor

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2014

Date Filed

2014

2091 166 2:31 p.m. April 14 April 14

Sincerely,

Mark Ritchie

Secretary of State

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9808

SECOND READING OF SENATE BILLS

S. F. Nos. 1732 and 2066 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Clark; Dehn, R.; Loeffler; Gruenhagen; Metsa; Bly and Fischer introduced:

H. F. No. 3349, A bill for an act relating to commerce; providing consumer protection; requiring disclosure of genetically engineered food and seed; proposing coding for new law in Minnesota Statutes, chapter 325F.

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

Fritz introduced:

H. F. No. 3350, A bill for an act relating to transportation; specifying project prioritization in aid under local road improvement and local bridge replacement and rehabilitation programs; amending Minnesota Statutes 2012, sections 174.50, subdivision 6; 174.52, subdivision 5.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Radinovich introduced:

H. F. No. 3351, A bill for an act relating to transportation; providing for green lights on certain vehicles operated by a severe weather spotter; amending Minnesota Statutes 2012, sections 169.58, by adding a subdivision; 169.64, subdivision 3.

The bill was read for the first time and referred to the Committee on Transportation Policy.

McNamar, Newton and Sawatzky introduced:

H. F. No. 3352, A bill for an act relating to transportation; establishing purple heart designation on driver's licenses and Minnesota identification cards; providing for state park permits; amending Minnesota Statutes 2012, sections 85.053, by adding a subdivision; 171.07, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Transportation Policy.

Freiberg and Winkler introduced:

H. F. No. 3353, A bill for an act relating to transportation; capital investment; appropriating money for capital improvements at the intersection of Hennepin County State-Aid Highway 102 and marked Trunk Highway 55 in Golden Valley; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Transportation Finance.

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9809

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 3167, A bill for an act relating to financing of state and local government; making changes to individual income, property, sales and use, excise, estate, mineral, tobacco, alcohol, special, local, and other taxes and tax-related provisions; providing for and increasing credits; modifying local government aids; modifying exclusions, exemptions, and levy deadlines; imposing a tax on solar energy production; modifying sales, use, and excise tax exemptions; changing sales, use, and excise tax remittances; modifying certain local sales and use taxes; allowing for temporary sales and use tax amnesty; modifying income tax credits and subtractions; clarifying estate tax provisions; providing for certain local development projects; changing license revocation procedures; modifying installment payments; modifying certain county levy authority; allocating additional tax reductions for border cities; removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; making various policy and technical changes; requiring a report; appropriating money; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2; 84A.31, subdivision 2; 115B.49, subdivision 4; 116J.8737, by adding a subdivision; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270.87; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.34, subdivision 2; 270C.52, subdivision 2; 270C.56, subdivision 3; 270C.72, subdivisions 1, 3; 272.01, subdivisions 1, 3; 272.02, subdivisions 10, 24; 272.0211, subdivisions 1, 2; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivisions 4a, 6; 272.03, subdivision 1; 273.01; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.13, subdivision 34; 273.1384, subdivision 2; 273.18; 273.33, subdivision 2; 273.37, subdivision 2; 273.3711; 274.01, subdivisions 1, 2; 274.014, subdivision 3; 275.025, subdivision 2; 275.065, subdivision 1; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 279.03; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.02, subdivision 7, as amended; 289A.18, subdivision 2; 289A.25, subdivision 1; 289A.60, subdivision 15; 290.01, subdivisions 5, 19f, 29; 290.015, subdivision 1; 290.068, subdivision 1; 290.07, subdivisions 1, 2; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 296A.01, subdivision 16; 297A.67, subdivision 13a, by adding a subdivision; 297A.68, by adding a subdivision; 297A.70, subdivision 10; 297A.71, by adding a subdivision; 297A.94; 297B.03; 297B.09; 297F.03, subdivision 2; 297F.09, subdivision 10; 297G.03, by adding a subdivision; 297G.09, subdivision 9; 297I.05, subdivision 14; 298.75, subdivisions 1, 2; 383D.41, by adding a subdivision; 383E.21, subdivisions 1, 2; 412.131; 469.171, subdivision 6; 469.176, subdivisions 1b, 3; 469.1763, subdivision 3; 469.177, subdivision 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 477A.03, by adding a subdivision; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 116J.8737, subdivision 2, as amended; 116J.8738, subdivisions 2, 3, 4; 270B.01, subdivision 8; 270B.03, subdivision 1; 273.032; 273.1325, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 289A.20, subdivision 4; 290.01, subdivisions 19, as amended, 19b, as amended, 19d, 31, as amended; 290.068, subdivisions 3, 6a; 290.091, subdivision 2, as amended; 290.0921, subdivision 3; 290.191, subdivision 5; 290A.03, subdivision 15, as amended; 290C.03; 291.005, subdivision 1, as amended; 297A.61, subdivision 3, as amended; 297A.68, subdivisions 42, 44; 297A.70, subdivisions 2, 13, 14; 297A.75, subdivisions 1, 2, 3; 297B.01, subdivision 16; 360.531, subdivision 2; 403.162, subdivision 5; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 465.04; 469.169, by adding a subdivision; 469.1763, subdivision 2; 477A.013, subdivision 8; 477A.03, subdivision 2a; 477A.12, subdivision 1; 477A.14, subdivision 1; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4; Laws 2006, chapter 259, article 3, sections 10,

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9810

subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5; Laws 2008, chapter 366, article 10, section 15; Laws 2013, chapter 143, article 8, sections 3; 37; article 9, section 23; article 11, section 10; Laws 2014, chapter 150, article 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 69; 116J; 168A; 272; 290; 383A; 477A; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.131; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.1398, subdivision 4b; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.191, subdivision 4; 290.33; 290C.02, subdivisions 5, 9; 290C.06; 295.52, subdivision 7; 297A.666; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18, 20, 32, 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, sections 273.1103; 469.340, subdivision 4; 477A.085; Laws 1993, chapter 375, article 9, section 47; Laws 2014, chapter 150, article 1, section 17; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5.

The Senate has appointed as such committee:

Senators Skoe, Rest, Dziedzic, Koenen and Gazelka.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2180, A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; amending Minnesota Statutes 2012, sections 43A.316, subdivision 10, by adding a subdivision; 123B.09, subdivision 12; 123B.75, by adding a subdivision; 471.6161, subdivisions 1, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivisions 4a, 11, 21.

JoAnne M. Zoff, Secretary of the Senate

Murphy, E., moved that the House refuse to concur in the Senate amendments to H. F. No. 2180, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 474, A bill for an act relating to data practices; classifying data related to automated license plate readers; requiring a log of use; requiring data to be destroyed in certain circumstances; providing criminal penalties; amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 13.82, by adding a subdivision; 299C.40, subdivision 4.

JoAnne M. Zoff, Secretary of the Senate

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9811

Holberg moved that the House refuse to concur in the Senate amendments to H. F. No. 474, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2180:

Murphy, E.; Ward, J.E., and Davids.

Murphy, E., moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

Davnie was excused between the hours of 1:55 p.m. and 3:25 p.m.

CALENDAR FOR THE DAY

H. F. No. 1981, A bill for an act relating to transportation; roads; eliminating the sunset of certain snow removal authority; amending Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6.

The bill was read for the third time and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9814

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

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

Mariani

Marquart

Masin

McNamar

McNamara

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

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen

The bill was passed and its title agreed to.

H. F. No. 2834 was reported to the House.

Hortman moved to amend H. F. No. 2834, the second engrossment, as follows:

Page 8, after line 19, insert:

"Sec. 9. Minnesota Statutes 2012, section 216C.41, subdivision 4, is amended to read:

Subd. 4. Payment period. (a) A facility may receive payments under this section for a ten-year period. No payment under this section may be made for electricity generated:

(1) by a qualified hydroelectric facility after December 31, 2021;

(2) by a qualified wind energy conversion facility after December 31, 2018; or

(3) by a qualified on-farm biogas recovery facility after December 31, ~~2015~~ 2017.

(b) The payment period begins and runs consecutively from the date the facility begins generating electricity or, in the case of refurbishment of a hydropower facility, after substantial repairs to the hydropower facility dam funded by the incentive payments are initiated.

Sec. 10. Minnesota Statutes 2012, section 216C.436, subdivision 4, is amended to read:

Subd. 4. Financing terms. Financing provided under this section must have:

(1) a weighted average maturity not exceeding the useful life of the energy improvements installed, as determined by the implementing entity, but in no event may a term exceed 20 years;

(2) a principal amount not to exceed the lesser of ~~ten~~ 20 percent of the assessed value of the real property on which the improvements are to be installed or the actual cost of installing the energy improvements, including the costs of necessary equipment, materials, and labor, the costs of each related energy audit or renewable energy system feasibility study, and the cost of verification of installation; and

(3) an interest rate sufficient to pay the financing costs of the program, including the issuance of bonds and any financing delinquencies.

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9817

Sec. 11. Minnesota Statutes 2012, section 216C.436, is amended by adding a subdivision to read:

Subd. 9. Supplemental funding sources. (a) An implementing entity is authorized to establish, acquire, and use additional or alternative funding sources for the purposes of this section.

(b) For the purposes of this subdivision, additional or alternative funding sources may include, but are not limited to, issuance of general obligation bonds in a manner consistent with the requirements of chapter 475."

Page 15, after line 1, insert:

"Sec. 18. REPEALER.

Subdivision 1. Weatherization assistance. Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; and 3300.1900, are repealed.

Subd. 2. Energy conservation loan program. Minnesota Rules, parts 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; and 7607.0180, are repealed.

Subd. 3. Electric utilities; extended forecasts. Minnesota Rules, part 7610.0300, is repealed.

Subd. 4. Cooling systems replacement; energy efficiency criteria. Minnesota Rules, parts 7685.0100; 7685.0120; 7685.0130; and 7685.0140, are repealed."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Hortman moved to amend H. F. No. 2834, the second engrossment, as amended, as follows:

Page 14, after line 23, insert:

"Sec. 18. Laws 2014, chapter 145, section 1, is amended to read:

Section 1. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM; SUPPLEMENTAL APPROPRIATION.

(a) $20,000,000 is appropriated in fiscal year 2014 from the general fund to the commissioner of commerce for the purpose of providing additional heating assistance through the low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630, and Minnesota Statutes, section 216C.02, subdivision 1. No more than ~~five~~ eight percent of this appropriation may be used for expenses to administer the program. Any unspent balance available on June 30, 2014, cancels to the general fund.

(b) The funding provided in this section shall supplement, and not replace, any federal or other funding existing or otherwise available for heating assistance in Minnesota.

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9818

(c) The commissioner shall disburse the funds provided in this section in a manner consistent with the requirements of the federal low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630."

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Hortman moved to amend H. F. No. 2834, the second engrossment, as amended, as follows:

Page 1, line 26, delete "or registered physician's" and insert "physician"

Page 1, delete line 27 and insert:

"(3) an advanced practice registered nurse, as defined in section 148.171; or"

Page 3, line 10, delete "total" and after "cost" insert "and cost components"

Page 3, line 17, after the period, insert "The commissioner may only collect data authorized in paragraph (a), and may not require submission of any additional data that could be used to personally identify any individual applicant or utility customer."

Page 4, line 4, after "contain" insert "either" and after "rate" insert ", as elected by the public utility"

Page 4, line 29, delete "presented" and insert "organized"

Page 5, delete line 26 and insert:

"(4) be licensed, certified, or otherwise have its lending activities overseen by a state or federal government agency."

Page 7, delete section 6

Page 7, line 21, delete "this section" and insert "subdivision 2"

Page 10, line 22, delete "or"

Page 10, line 25, delete the period and insert "; or"

Page 10, after line 25, insert:

"(6) the owner not modify the existing style of roof design or type of roofing material."

Page 10, line 26, delete "other" and insert "additional" and delete "restrictions" and insert "conditions"

Page 10, line 27, delete everything after "systems" and insert ". Additional conditions imposed under this paragraph are presumed to be reasonable if they do not, in aggregate, decrease the projected generation of energy by a solar energy system by more than ten percent or, in aggregate, increase the cost of the labor and materials of the solar energy system by more than ten percent"

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9819

Page 10, delete lines 28 and 29

Page 10, line 30, delete everything before the comma

Page 11, line 11, after the period, insert "A private entity may deny an application if it fails to satisfy any of the conditions allowed under this subdivision."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Hortman moved to amend her amendment to H. F. No. 2834, the second engrossment, as amended, as follows:

Page 1, after line 8, insert:

"Page 3, line 22, after "nonpublic" insert "data as defined in section 13.02, subdivision 9""

The motion prevailed and the amendment to the amendment was adopted.

Hortman moved to amend her amendment, as amended, to H. F. No. 2834, the second engrossment, as amended, as follows:

Page 1, after line 4, insert:

"Page 2, after line 17, insert:

"Sec. 2. [216B.0991] DEFINITIONS.

Subdivision 1. Scope. For the purposes of sections 216B.0991 to 216B.0995, the terms defined in this section have the meanings given them.

Subd. 2. Customer. "Customer" means a person who has an established relationship with a propane distributor and whose propane system meets the safety guidelines established by the propane distributor for residential heating service.

Subd. 3. LIHEAP. "LIHEAP" means the low-income home energy assistance program.

Subd. 4. Propane distributor. "Propane distributor" means a person who sells propane at retail to customers as their primary residential heat source; propane distributors are not public utilities.

Subd. 5. Residential heating service. "Residential heating service" means the provision of the primary source of heat for the interior of a residential structure.

Sec. 3. [216B.0992] PRICE AND FEE DISCLOSURE.

A propane distributor must provide a document listing the current per-gallon price of propane and all additional charges, fees, and discounts that pertain to residential heating service. The document must be:

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9820

(1) made available to the general public upon request; and

(2) provided to new customers before residential heating service is initiated.

Sec. 4. [216B.0993] BUDGET PAYMENT PLAN.

(a) A propane distributor who offers customers a budget payment plan must make that same plan available to all customers, including those who participate in the LIHEAP program.

(b) A budget payment plan must equalize a customer's estimated annual propane bill by dividing it into equal monthly payments. Any budget plan started after the propane distributor's traditional budget plan start date will be divided by the remaining months in the budget plan year. Any positive balance remaining at the end of a year may, at the customer's discretion, be provided to the customer as a cash payment or carried over as a credit on the customer's bill for the next year.

(c) A propane distributor must notify a customer on a budget payment plan of a price or fee change that may affect the monthly amount due under the budget payment plan by more than 20 percent.

(d) A propane distributor may alter or terminate the plan if a customer has failed to pay two monthly payments during the period of the budget payment plan. In lieu of the requirements of this section, the parties may enter into a mutually agreeable plan.

Sec. 5. [216B.0994] PROPANE PURCHASE CONTRACTS.

A propane distributor is prohibited from adding any service, distribution, transportation, or similar fees to customer billings for those customers who have entered into a contract for prepurchasing or capitated pricing of propane for the period of the contract provided that:

(1) the customer has met all obligations of that contract; and

(2) the propane distributor can receive product from its contracted supply points and a force majeure has not been declared by the propane distributor's supplier.

Sec. 6. [216B.0995] TERMS OF SALE.

Subdivision 1. Cash sales. A propane distributor with an available supply of propane must not refuse to sell propane to a customer who:

(1) pays the distributor's established price upon delivery in cash, by certified or cashier's check, or by commercial money order or its equivalent; or

(2) receives energy assistance from LIHEAP or a governmental or private agency that has funds available to pay for a delivery.

Subd. 2. LIHEAP participation; delivery. A propane distributor who accepts LIHEAP payments must, upon request, make available to its customers information regarding LIHEAP, including income eligibility and contact information for organizations accepting LIHEAP applications.

Subd. 3. Third-party credit disclosure. A propane distributor must not make known the names of past or present delinquent customers to other propane distributors, except in the course of a routine credit check performed when a prospective customer applies for credit privileges.""

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9821

Page 1, after line 16, insert:

"Page 9, after line 25, insert:

"Sec. 12. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:

Subd. 29. Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. For the purpose of restricting petroleum product blending, this definition includes all refineries and terminals within and outside of Minnesota, but does not include a licensed distributor's bulk storage facility that is used to store petroleum products for which the petroleum inspection fee charged under this chapter is either not due or has been paid.

Sec. 13. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision to read:

Subd. 7. Notification of product unavailability; terminal operators. A person who operates a terminal where liquefied petroleum gas is loaded into transport trucks for subsequent distribution shall notify the commissioner within 24 hours when liquefied petroleum gas is physically not available for sale to licensed distributors.

Sec. 14. Minnesota Statutes 2012, section 325E.027, is amended to read:

325E.027 DISCRIMINATION PROHIBITION.

(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil who has signed a low-income home energy assistance program vendor agreement with the Department of Commerce may refuse to deliver liquid propane gas or number 1 or number 2 fuel oil to any person located within the dealer's or distributor's normal delivery area who receives direct grants under the low-income home energy assistance program if:

(1) the person has requested delivery;

(2) the dealer or distributor has product available;

(3) the person requesting delivery is capable of making full payment at the time of delivery; and

(4) the person is not in arrears regarding any previous fuel purchase from that dealer or distributor.

(b) A dealer or distributor making delivery to a person receiving direct grants under the low-income home energy assistance program may not charge that person any additional costs or fees that would not be charged to any other customer and must make available to that person any discount program on the same basis as the dealer or distributor makes available to any other customer.

(c) The commissioner of commerce may enforce this section using any of the authority granted to the commissioner under section 45.027.""

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Peppin moved to amend the Hortman amendment, as amended, to H. F. No. 2834, the second engrossment, as amended, as follows:

Page 2, after line 4, insert:

Journal of the House - 88th Day - Tuesday, April 22, 2014 - Top of Page 9822

"Page 11, after line 14, insert:

"Sec. 13. [500.217] LIMITS ON CERTAIN RESIDENTIAL PROPERTY RIGHTS PROHIBITED; POLITICAL CAMPAIGN SIGNS.

Subdivision 1. Political campaign signs. (a) Any provision of any homeowners association document that limits the right of an owner of a townhome or single-family dwelling to display a political campaign sign during the calendar dates specified in section 211B.045 is void and unenforceable.

(b) "Homeowners association document" includes the declaration, articles of incorporation, bylaws, and rules and regulations of:

(1) a common interest community, as defined in section 515B.1-103(10), regardless of whether the common interest community is subject to chapter 515B; and

(2) a residential community that is not a common interest community, as defined in section 515B.1-103(10).

Subd. 2. Exceptions. (a) This section does not prohibit limitations narrowly tailored to protect health or safety.

(b) This section does not prohibit limitations that restrict:

(1) the size of a sign to be displayed to a size customarily used on residential property;

(2) the installation and display of a sign to a portion of the residential property to which the person who displays the sign has exclusive use; or

(3) illuminating a sign.

(c) This section does not prohibit a requirement that a sign be displayed in a legal manner under Minnesota law, that the sign be in good condition and not altered or defaced, or that the sign not be affixed in a permanent manner to that portion of property to be maintained by another person or in a way that causes more than inconsequential damage to another person's property. A person who causes damage is liable for the repair costs.

Subd. 3. Applicability. (a) This section applies to all homeowners association documents executed on or after August 1, 2014.

(b) An association governed by a homeowners association document executed before August 1, 2014 may retain existing restrictions that conflict with this section by affirmative vote of the association, conducted no later than July 30, 2015. If a vote to retain the existing restrictions is unsuccessful or is not conducted by that date, the prohibitions contained in this section apply to the association's homeowners association document effective August 1, 2015.""

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 57 yeas and 74 nays as follows:

Those who voted in the affirmative were: