STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2014
_____________________
NINETY-FIRST
DAY
Saint Paul, Minnesota, Friday, April 25, 2014
The House of Representatives convened at 10:00
a.m. and was called to order by Michael Paymar, Speaker pro tempore.
Prayer was offered by the Reverend Carol
Tomer, Pilgrim Lutheran 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:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
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
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
Zerwas
Spk. Thissen
A quorum was present.
Abeler; Anderson, M.; Erickson, S.;
Franson; Garofalo; Hoppe; McDonald and Zellers were excused.
Falk was excused until 10:50 a.m. Holberg was excused until 11:05 a.m. Mack was excused until 11:10 a.m. FitzSimmons was excused until 11:40 a.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 CHIEF CLERK
S. F. No. 2047 and
H. F. No. 2526, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Norton moved that the rules be so far
suspended that S. F. No. 2047 be substituted for
H. F. No. 2526 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2312 and
H. F. No. 2617, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Nelson moved that
S. F. No. 2312 be substituted for H. F. No. 2617
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2390 and
H. F. No. 2516, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bernardy moved that the rules be so far
suspended that S. F. No. 2390 be substituted for
H. F. No. 2516 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2608 and
H. F. No. 2970, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Anzelc moved that
S. F. No. 2608 be substituted for H. F. No. 2970
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2736 and
H. F. No. 2295, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Johnson, C., moved that the rules be so
far suspended that S. F. No. 2736 be substituted for
H. F. No. 2295 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2782 and
H. F. No. 3033, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Winkler moved that the rules be so far
suspended that S. F. No. 2782 be substituted for
H. F. No. 3033 and that the House File be indefinitely
postponed. The motion prevailed.
SECOND
READING OF SENATE BILLS
S. F. Nos. 2047, 2312,
2390, 2608, 2736 and 2782 were read for the second time.
The
Speaker assumed the Chair.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2276, A bill for an act relating to the safe at home program; regulating participant data and real property records; amending Minnesota Statutes 2013 Supplement, sections 5B.05; 13.045.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2582, A bill for an act relating to corporations; providing for the organization and operation of public benefit corporations; proposing coding for new law as Minnesota Statutes, chapter 304A.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2937, A bill for an act relating to state government; making technical changes affecting the Minnesota Historical Society; amending Minnesota Statutes 2012, sections 3.732, subdivision 1; 43A.24, subdivision 2; 138.081, subdivision 2; 138.662, subdivision 21, by adding subdivisions; 138.94; repealing Minnesota Statutes 2012, section 138.662, subdivisions 4, 34.
JoAnne M. Zoff, Secretary of 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. 2536, A bill for an act relating to state government; providing for the Women's Economic Security Act; requiring equal pay certificates of compliance; modifying workforce development provisions; creating women and high-wage, high-demand, nontraditional jobs grant program; modifying eligibility for unemployment insurance
benefits; offering women entrepreneurs business development competitive grants; requiring a report on a potential state-administered retirement savings plan; modifying parenting leave, sick leave, and pregnancy accommodations; providing employment protections for women and family caregivers; providing wage disclosure protection; modifying the award of early childhood scholarships; appropriating money; amending Minnesota Statutes 2012, sections 13.552, by adding a subdivision; 181.939; 181.940, subdivision 2; 181.941; 181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013 Supplement, sections 116L.665, subdivision 2; 124D.165, subdivision 3; 181.9413; proposing coding for new law in Minnesota Statutes, chapters 116L; 181; 363A.
The Senate has appointed as such committee:
Senators Pappas, Sieben and Rosen.
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. 2948, A bill for an act relating to economic development; repealing obsolete, redundant, and unnecessary laws administered by the Department of Employment and Economic Development; making conforming changes; amending Minnesota Statutes 2012, sections 15.991, subdivision 1; 116C.34, subdivision 3; 116D.04, subdivision 2a; 116L.02; 116L.05, subdivision 5; 116L.20, subdivision 2; 256J.49, subdivision 4; 256J.51, subdivision 2; 268.105, subdivision 7; 268.186; repealing Minnesota Statutes 2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27; 116C.28; 116C.29; 116C.30; 116C.31; 116C.32; 116C.33; 116J.037; 116J.422; 116J.658; 116J.68, subdivision 5; 116J.74, subdivision 7a; 116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987; 116J.988; 116J.989; 116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.15; 116L.361, subdivision 2; 116L.363; 116L.871; 116L.872; 469.109; 469.124; Minnesota Statutes 2013 Supplement, sections 116J.6581; 116J.70, subdivision 2a.
JoAnne M. Zoff, Secretary of the Senate
Mahoney moved that the House refuse to
concur in the Senate amendments to H. F. No. 2948, 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. 2858, A bill for an act relating to transportation; amending regulation of limousines; amending Minnesota Statutes 2012, sections 65B.135; 168.002, subdivision 15; 168.128, subdivisions 2, 3; 221.84, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Hornstein moved that the House concur in
the Senate amendments to H. F. No. 2858 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2858,
A bill for an act relating to transportation; amending regulation of
limousines; amending Minnesota
Statutes 2012, sections 65B.135; 168.002, subdivision 15; 168.128, subdivisions
2, 3; 221.84, subdivision 1.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 100 yeas and 21 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Daudt
Dean, M.
Dettmer
Drazkowski
Fabian
Green
Gruenhagen
Hackbarth
Hertaus
Howe
Johnson, B.
Leidiger
Lohmer
Loon
Myhra
Newberger
Peppin
Pugh
Sanders
Wills
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 874, 1926, 2103,
2271 and 2470.
JoAnne M. Zoff,
Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 874, A bill for an act relating to criminal justice; modifying judicial forfeiture provisions; amending Minnesota Statutes 2012, sections 609.531, subdivision 6a; 609.5314, subdivision 3; 609.5316, subdivision 3; 609.5318, subdivision 1.
The bill was read for the first time.
Allen moved that S. F. No. 874 and H. F. No. 1082, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1926, A bill for an act relating to building codes; regulating inspection authority of local units of government; prohibiting mandatory fire sprinkler regulations; amending Minnesota Statutes 2012, sections 326B.106, subdivision 2, by adding subdivisions; 326B.188.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
S. F. No. 2103, A bill for an act relating to transportation; motor vehicles; modifying the permitted uses of vehicles used for testing; amending Minnesota Statutes 2012, section 168.25, subdivision 2.
The bill was read for the first time.
Dill moved that S. F. No. 2103 and H. F. No. 2425, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2271, A bill for an act relating to metropolitan government; repealing obsolete provisions governing the Metropolitan Council; making certain conforming technical changes; amending Minnesota Statutes 2012, sections 473.123, subdivision 4; 473.125; 473.129, subdivisions 6, 12; 473.173, subdivision 2; 473.181, subdivision 2; 473.254, subdivisions 3a, 4, 5; 473.315, subdivision 1; 473.375, subdivision 11; 473.39, subdivision 1e; 473.391, subdivision 1; 473.405, subdivision 5; 473.42; 473.504, subdivisions 5, 11; 473.858, subdivision 1; 473.859, subdivision 6; 473.861, subdivision 2; 473.862, subdivision 2; repealing Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c; 473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2; 473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392; 473.516, subdivision 5; 473.523, subdivision 2; 473.535; 473.852, subdivision 11; Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9.
The bill was read for the first time.
Nelson moved that S. F. No. 2271 and H. F. No. 2663, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2470, A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.
The bill was read for the first time and referred to the Committee on Education Policy.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2948:
Mahoney, Persell and Gunther.
CALENDAR FOR THE DAY
H. F. No. 2365, A bill for
an act relating to employment; requiring professional licensing boards to
expedite licensure of former and current members of the military; requiring a
report; proposing coding for new law in Minnesota Statutes, chapter 197.
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 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
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
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
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
H. F. No. 3115, A bill for
an act relating to elections; authorizing the Saint Louis County Board to
change to two years the term of a certain member to be elected in 2014.
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 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
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
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
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
The Speaker called Hortman to the Chair.
H. F. No. 2830 was reported
to the House.
Quam moved to amend H. F. No. 2830 as follows:
Page 1, after line 4, insert:
"Section 1. Minnesota Statutes 2012, section 375A.12, is amended by adding a subdivision to read:
Subd. 7. Retention
election on appointee. (a) At
the first general election after the effective date of this section, for any
office made an appointed office after the effective date of this section, the
county must at the first general election following appointment hold an
election on whether to retain the person appointed. If the voters do not approve retention of the
person appointed to the position, the appointee may stay in the position only
until January 1 immediately following the election, at which time the county
board of commissioners must appoint another person to the position. If the voters approve retention of the person
appointed to the position, the county may retain the person and shall hold a
retention election at a general election every four years while the same person
holds the appointed office.
(b) The ballot question shall be:
"May the county board retain [name] as the person appointed and responsible for the functions of [county office title]?
|
|
Yes ……. |
|
|
|
No ……." |
|
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
H. F. No. 2830, A bill for
an act relating to counties; providing a process for combining and making the
offices of county auditor-treasurer and recorder appointive in Becker County.
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 90 yeas and 33 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Nornes
Norton
O'Driscoll
Pelowski
Persell
Petersburg
Poppe
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, S.
Barrett
Benson, M.
Davids
Dean, M.
Dettmer
Drazkowski
Falk
Faust
Green
Gruenhagen
Hackbarth
Hertaus
Johnson, B.
Kieffer
Leidiger
Lohmer
Loon
McNamar
Murphy, M.
Myhra
Newberger
O'Neill
Paymar
Peppin
Pugh
Quam
Radinovich
Runbeck
Swedzinski
Ward, J.E.
Wills
The
bill was passed and its title agreed to.
H. F. No. 2166 was
reported to the House.
Quam moved to amend H. F. No. 2166, the second engrossment, as follows:
Page 2, line 3, after the period, insert:
"The system must require the
election judge to affirmatively indicate whether a voter presented any of the
following at the time the data were entered:
(i) a Minnesota driver's license,
(ii) a Minnesota state identification
card, or
(iii) a United States military
identification card.
The system must produce a summary report on these statistics at the time the polls are closed."
Page 4, line 16, after the period, insert:
"The system must require the
election judge to affirmatively indicate whether a voter presented any of the
following at the time the data were entered:
(i) a Minnesota driver's license,
(ii) a Minnesota state identification
card, or
(iii) a United States military
identification card.
The system must produce a summary report on these statistics at the time the polls are closed."
The
motion did not prevail and the amendment was not adopted.
Newberger moved to amend H. F. No. 2166, the second engrossment, as follows:
Page 3, after line 3, insert:
"Subd. 5. Inspection
of equipment. (a) No more
than four weeks prior to the election, the head elections official in each
participating municipality must permit two information and data technology
specialists from each major and minor political party to inspect any electronic
roster equipment and verify that the equipment has not been subject to improper
alteration or tampering. The specialists
must be provided access to all hardware, software, and computer codes that will
be used in operating the electronic rosters on election day.
(b) To be granted access under this subdivision, the names of the information and data technology specialists who will conduct the inspection, and up to two potential alternates, must be provided by the political party chair to the secretary of state and the appropriate municipal elections official no later than six weeks prior to the election."
Page 5, after line 17, insert:
"Subd. 4. Inspection of equipment. (a) No more than four weeks prior to a regularly scheduled election, and no more than two weeks prior to a special election, the head elections official must permit two information and data technology specialists from each major and minor political party to inspect any electronic roster equipment and verify that the equipment has not been subject to improper alteration or tampering. The specialists must be provided access to all hardware, software, and computer codes that will be used in operating the electronic rosters on election day.
(b) To be granted access under this subdivision, the names of the information and data technology specialists who will conduct the inspection, and up to two potential alternates, must be provided by the political party chair to the secretary of state and the appropriate municipal elections official no later than six weeks prior to a regularly scheduled election, and no later than three weeks prior to a special election."
Renumber the subdivisions in sequence and correct the internal references
A roll call was requested and properly
seconded.
The question was taken on the Newberger
amendment and the roll was called. There
were 53 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Laine moved to amend H. F. No. 2166, the second engrossment, as follows:
Page 6, delete section 2
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Sanders moved to amend H. F. No. 2166, the second engrossment, as amended, as follows:
Page 3, line 15, delete "or the" and insert a period
Page 3, delete line 16
Page 5, line 28, delete "or the number of voter receipts"
The motion did
not prevail and the amendment was not adopted.
H. F. No. 2166, A bill for
an act relating to elections; providing a study of the use of electronic
rosters in elections; requiring secretary of state to evaluate electronic
rosters in 2014 election; authorizing the use of electronic rosters statewide;
proposing coding for new law in Minnesota Statutes, chapter 201.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
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
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
Zerwas
Spk. Thissen
The
bill was passed, as amended, and its title agreed to.
S. F. No. 1732, A bill for
an act relating to elections; extending the deadline to purchase voting
equipment with Help America Vote Act grants; amending Laws 2010, chapter 379,
section 4, subdivisions 2, 4.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
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
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
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
The
Speaker resumed the Chair.
H. F. No. 2531 was reported
to the House.
Hansen, Sanders and Laine moved to amend H. F. No. 2531, the third engrossment, as follows:
Page 2, after line 3, insert:
"Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements in the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.
The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Peppin moved to amend H. F. No. 2531, the third engrossment, as amended, as follows:
Page 5, after line 14, insert:
"Sec. 7. Minnesota Statutes 2013 Supplement, section 10A.071, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.
(c) "Official" means an individual, or the spouse of an individual, who is a public official, an employee of the legislature, or a local official of a metropolitan governmental unit."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Benson, M., moved to amend H. F. No. 2531, the third engrossment, as amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. (a) "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or advertisements in the news media;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.
(b) The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.
(c) Notwithstanding paragraph (a), for a candidate who has signed an agreement under section 10A.322, a disbursement does not qualify as a noncampaign disbursement if its costs would cause the aggregate amount of noncampaign disbursements to exceed 15 percent of the applicable expenditure limit for that candidate as provided in section 10A.25."
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 Benson, M.,
amendment and the roll was called. There
were 52 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Atkins
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Fabian
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
O'Driscoll moved to amend H. F. No. 2531, the third engrossment, as amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities, provided that expenses claimed under this clause for travel outside of the United States must be documented through submission of receipts, itineraries, itemized expense lists, and other evidence as may be required by the board, and must be limited to one trip per calendar year;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses, provided that expenses claimed under this clause for travel outside of the United States must be documented through submission of receipts, itineraries, itemized expense lists, and other evidence as may be required by the board, and must be limited to one trip per calendar year;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or advertisements in the news media;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.
The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
O'Driscoll moved to amend H. F. No. 2531, the third engrossment, as amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. (a) "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities, provided that expenses claimed under this paragraph for out-of-state domestic travel must be documented through submission of receipts, itineraries, itemized expense lists, and other evidence as may be required by the board, and must be limited to no more than four trips per calendar year with a cumulative value not to exceed $2,000 per year, excluding attendance at national, state, or local party conventions;
(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses, provided that expenses claimed under this paragraph for out-of-state domestic travel must be documented through submission of receipts, itineraries, itemized expense lists, and other evidence as may be required by the board, and must be limited to no more than four trips per calendar year with a cumulative value not to exceed $2,000 per year, excluding attendance at national, state, or local party conventions;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or advertisements in the news media;
(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and
(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.
The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Drazkowski moved to amend H. F. No. 2531, the third engrossment, as amended, as follows:
Page 10, after line 7, insert:
"Sec. 16. Minnesota Statutes 2012, section 270A.03, subdivision 7, is amended to read:
Subd. 7. Refund. "Refund" means an individual
income tax refund or political contribution refund, pursuant to chapter
290, or a property tax credit or refund, pursuant to chapter 290A, or a
sustainable forest payment to a claimant under chapter 290C.
For purposes of this chapter, lottery prizes, as set forth in section 349A.08, subdivision 8, and amounts granted to persons by the legislature on the recommendation of the joint senate-house of representatives Subcommittee on Claims shall be treated as refunds.
In the case of a joint property tax refund payable to spouses under chapter 290A, the refund shall be considered as belonging to each spouse in the proportion of the total refund that equals each spouse's proportion of the total income determined under section 290A.03, subdivision 3. In the case of a joint income tax refund under chapter 289A, the refund shall be considered as belonging to each spouse in the proportion of the total refund that equals each spouse's proportion of the total taxable income determined under section 290.01, subdivision 29. The commissioner shall remit the entire refund to the claimant agency, which shall, upon the request of the spouse who does not owe the debt, determine the amount of the refund belonging to that spouse and refund the amount to that spouse. For court fines, fees, and surcharges and court-ordered restitution under section 611A.04, subdivision 2, the notice provided by the commissioner of revenue under section 270A.07, subdivision 2, paragraph (b), serves as the appropriate legal notice to the spouse who does not owe the debt.
EFFECTIVE
DATE. This section is
effective for political contribution refunds based on contributions made after
June 30, 2014.
Sec. 17. Minnesota Statutes 2012, section 289A.50, subdivision 1, is amended to read:
Subdivision 1. General right to refund. (a) Subject to the requirements of this section and section 289A.40, a taxpayer who has paid a tax in excess of the taxes lawfully due and who files a written claim for refund will be refunded or credited the overpayment of the tax determined by the commissioner to be erroneously paid.
(b) The claim must specify the name of the taxpayer, the date when and the period for which the tax was paid, the kind of tax paid, the amount of the tax that the taxpayer claims was erroneously paid, the grounds on which a refund is claimed, and other information relative to the payment and in the form required by the commissioner. An income tax, estate tax, or corporate franchise tax return, or amended return claiming an overpayment constitutes a claim for refund.
(c) When, in the course of an examination, and within the time for requesting a refund, the commissioner determines that there has been an overpayment of tax, the commissioner shall refund or credit the overpayment to the taxpayer and no demand is necessary. If the overpayment exceeds $1, the amount of the overpayment must be refunded to the taxpayer. If the amount of the overpayment is less than $1, the commissioner is not required to refund. In these situations, the commissioner does not have to make written findings or serve notice by mail to the taxpayer.
(d) If the amount allowable as a credit for
withholding, estimated taxes, or dependent care exceeds the tax against which
the credit is allowable, the amount of the excess is considered an overpayment. The refund allowed by section 290.06,
subdivision 23, is also considered an overpayment. The requirements of section 270C.33 do not
apply to the refunding of such an overpayment shown on the original return
filed by a taxpayer.
(e) If the entertainment tax withheld at the source exceeds by $1 or more the taxes, penalties, and interest reported in the return of the entertainment entity or imposed by section 290.9201, the excess must be refunded to the entertainment entity. If the excess is less than $1, the commissioner need not refund that amount.
(f) If the surety deposit required for a construction contract exceeds the liability of the out-of-state contractor, the commissioner shall refund the difference to the contractor.
(g) An action of the commissioner in refunding the amount of the overpayment does not constitute a determination of the correctness of the return of the taxpayer.
(h) There is appropriated from the general fund to the commissioner of revenue the amount necessary to pay refunds allowed under this section.
EFFECTIVE DATE. This section is effective for political contribution refunds based on contributions made after June 30, 2014."
Page 10, line 9, before "Minnesota" insert "(a)"
Page 10, after line 9, insert:
"(b) Minnesota Statutes 2012,
sections 13.4967, subdivision 2; and 290.06, subdivision 23, is repealed.
(c) Minnesota Statutes 2013 Supplement,
section 10A.322, subdivision 4, is repealed.
EFFECTIVE DATE. Paragraphs (b) and (c) are effective for political contribution refunds based on contributions made after June 30, 2014."
Page 10, line 11, delete "Sections 1 to 16 are" and insert "Except where otherwise provided, this act is"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Winkler moved to amend the Drazkowski amendment to H. F. No. 2531, the third engrossment, as amended, as follows:
Page 3, after line 5, insert:
"Page 10, after line 7, insert:
"Sec. 16. POLITICAL
CONTRIBUTION REFUNDS; REIMBURSEMENT TO GENERAL FUND.
No later than August 1, 2014, a candidate, candidate's campaign committee, or party unit that has issued a receipt for a political contribution refund to a contributor pursuant to section 290.06, subdivision 23, shall reimburse the general fund for the total amount of contribution refunds issued on behalf of that candidate or party since July 1, 2013. The commissioner of management and budget shall inform each candidate and political party subject to this section of the amount of refunds issued for contributions to that candidate or party no later than July 15, 2014. Notwithstanding any law to the contrary, the funds required to pay the reimbursement shall come from the candidate or party's accounts designated for campaign purposes, and if insufficient funds are available in those accounts, the candidate or party may pay the remainder of the reimbursement using personal or other funds.""
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
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
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
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
Zerwas
Spk. Thissen
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Drazkowski
amendment, as amended, and the roll was called.
There were 54 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Fabian
FitzSimmons
Fritz
Green
Gruenhagen
Halverson
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Neill
Peppin
Petersburg
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schomacker
Scott
Selcer
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Savick
Schoen
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment, as amended, was not adopted.
Clark was excused for the remainder of
today's session.
H. F. No. 2531, A bill
for an act relating to campaign finance; making various technical changes;
authorizing the board to request reconciliation information; authorizing
certain fees; modifying certain definitions and fee amounts; imposing penalties; amending Minnesota Statutes
2012, sections 10A.01, subdivision 5, 26; 10A.02, subdivision 11a;
10A.025, by adding a subdivision; 10A.09, subdivisions 1, 5, by adding a subdivision;
10A.12, subdivision 5; 10A.255, subdivision 3; 10A.28, subdivision 4; 211A.02,
subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision
10; 10A.02, subdivision 11; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5;
repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
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
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
Zerwas
Spk. Thissen
The
bill was passed, as amended, and its title agreed to.
Norton was excused for the remainder of
today's session.
H. F. No. 1961 was reported
to the House.
MOTION TO
LAY ON THE TABLE
O'Driscoll moved that
H. F. No. 1961 be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the
O'Driscoll motion and the roll was called.
There were 54 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
FitzSimmons
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
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
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail.
Halverson moved to amend H. F. No. 1961, the second engrossment, as follows:
Page 1, line 11, after the period, insert "A final audit report completed under this chapter must contain the name of the primary board employee responsible for conducting the audit."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
O'Driscoll moved to amend H. F. No. 1961, the second engrossment, as amended, as follows:
Page 3, delete lines 7 to 36 and insert:
"(b) The business or professional codes for purposes of paragraph (a), clauses (6) and (7) must be those used by the federal Internal Revenue Service for purposes of reporting self-employment income on Schedule C."
Page 4, delete lines 1 to 4
O'Driscoll moved to amend his amendment to H. F. No. 1961, the second engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 3, line 1, delete "code" and insert "category"
Page 3, line 4, delete "code" and insert "category""
Page 1, line 3, delete "codes" and insert "categories"
Page 1, line 4, delete "those" and insert "the general topic headings"
Page 1, line 5, after the period, insert "This paragraph does not require an individual to report any specific code number from that schedule. Any additional principal business or professional activity category may only be adopted if the category is enacted by law."
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the O'Driscoll
amendment, as amended, to H. F. No. 1961, the second
engrossment, as amended. The motion
prevailed and the amendment, as amended, was adopted.
Drazkowski moved to amend H. F. No. 1961, the second engrossment, as amended, as follows:
Page 2, after line 13, insert:
"As used in this subdivision, "spouse" includes an official's current spouse, and any former spouse, if the former spouse has contributed more than $500,000 in aggregate to all political committees, political funds, principal campaign committees, and party units during an election cycle and, if the official is elected, the former spouse contributed any amount to the official's principal campaign committee during the most recent election segment of the election cycle for that office."
Page 2, line 17, after "information" insert "as it relates to the individual and the individual's spouse"
Page 2, line 20, strike "within the state"
Page 2, line 21, after "individual" insert "or spouse"
Page 2, line 24, strike "within the state"
Page 2, line 25, after "individual" insert "or spouse"
Page 2, line 33, after "individual" insert "or spouse"
Page 3, line 2, after "individual" insert "or spouse"
Page 3, line 3, after "individual" insert "or spouse" and delete "and"
Page 3, line 5, after "individual" insert "or spouse"
Page 3, line 6, delete the period and insert "; and"
Page 3, after line 6, insert:
"(8) any other sources of income not listed in clauses (1) to (7), including trust funds and other interest-bearing accounts whether located within or outside of the United States."
Page 4, after line 4, insert:
"(c) The statement of economic
interest must distinguish matters required by paragraph (a) that are reported
on behalf of the individual from matters reported on behalf of the individual's
spouse.
(d) As used in this subdivision, "spouse" includes an official's current spouse, and any former spouse, if the former spouse has contributed more than $500,000 in aggregate to all political committees, political funds, principal campaign committees, and party units during an election cycle and, if the official is elected, the former spouse contributed any amount to the official's principal campaign committee during the most recent election segment of the election cycle for that office."
A roll call was requested and properly
seconded.
The question was taken on the Drazkowski
amendment and the roll was called. There
were 54 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Fabian
FitzSimmons
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
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
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
H. F. No. 1961,
A bill for an act relating to ethics in government; modifying duties of board; expanding
requirements relating to economic disclosure and conflicts of interest;
amending Minnesota Statutes 2012, sections 10A.09, subdivision 5, by adding a subdivision;
13.607, subdivision 5; Minnesota Statutes 2013 Supplement, sections 10A.02,
subdivision 10; 10A.07, subdivision 1.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 76 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
FitzSimmons
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
Mariani
McNamara
Myhra
Newberger
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zerwas
The
bill was passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Tuesday, April 29,
2014 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 1984 and 2622;
S. F. No. 1689; H. F. Nos. 2798 and 2214;
S. F. Nos. 1246 and 2466; and H. F. Nos. 2405,
2912 and 2167.
MOTIONS
AND RESOLUTIONS
Schoen moved that his name be stricken as
an author on H. F. No. 68.
The motion prevailed.
Murphy, M., moved that her name be
stricken as an author on H. F. No. 653. The motion prevailed.
Mullery moved that the name of Johnson,
S., be added as an author on H. F. No. 807. The motion prevailed.
Moran moved that the name of Johnson, S.,
be added as an author on H. F. No. 2251. The motion prevailed.
Dill moved that the name of Erickson, R.,
be added as chief author on H. F. No. 2425. The motion prevailed.
Allen moved that the name of Johnson, S.,
be added as an author on H. F. No. 2458. The motion prevailed.
Selcer moved that the name of Johnson, S.,
be added as an author on H. F. No. 2480. The motion prevailed.
Melin moved that the name of Johnson, S.,
be added as an author on H. F. No. 2576. The motion prevailed.
Isaacson moved that the name of Johnson,
S., be added as an author on H. F. No. 2680. The motion prevailed.
Lenczewski moved that the name of Lien be
added as an author on H. F. No. 2855. The motion prevailed.
Hansen moved that the name of Johnson, S.,
be added as an author on H. F. No. 2929. The motion prevailed.
Slocum moved that the name of Johnson, S.,
be added as an author on H. F. No. 2942. The motion prevailed.
Mariani moved that the name of Johnson,
S., be added as an author on H. F. No. 3175. The motion prevailed.
Huntley moved that the name of Johnson,
S., be added as an author on H. F. No. 3216. The motion prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 12:00 noon, Monday, April 28, 2014. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 12:00 noon, Monday, April 28,
2014.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives